National Defense Authorization Act For Fiscal Year 2017

Floor Speech

BREAK IN TRANSCRIPT

Mr. PETERS. Mr. President, I rise to thank Chairman McCain and Ranking Member Reed for their support and for their help in passing the Peters amendment No. 4138 to the National Defense Authorization Act. I also would like to thank my colleagues Senators Daines, Tillis, and Gillibrand for joining me in this important bipartisan amendment. I would also like to thank all the Members who cosponsored the amendment, including Senators Tester, Stabenow, Kirk, Sanders, Stabenow, Blumenthal, Boxer, and Chairman McCain.

We have far too many servicemembers who are suffering from trauma- related conditions such as post-traumatic stress disorder or traumatic brain injury. Unfortunately, many of these servicemembers have received a less-than-honorable discharge, also known as a bad paper discharge. These former servicemembers can receive bad paper discharges for misconduct that is often linked to behavior seen from those suffering from PTSD, TBI, or other trauma-related conditions. The effects of traumatic brain injury can include cognitive problems, including headaches, memory issues, and attention deficits. In addition to combat-sustained injuries, PTSD and TBI can also be the result of military sexual trauma.

Bad paper discharges make former servicemembers who are suffering from service-connected conditions ineligible for a number of the benefits they have earned and have become ineligible when they need them the most. These discharges put servicemembers at risk of losing access to VA health care and veterans homelessness prevention programs. This is completely unacceptable.

I would like to share a story of a former servicemember who shared his experience with my office in Michigan. This individual was deployed in Afghanistan in 2008 as a machine gunner. For his performance overseas, he received a number of awards, including the Combat Action Ribbon, Global War on Terrorism Service Medal, Navy Meritorious Unit Commendation, Afghanistan Campaign Medal, Sea Service Deployment Ribbon, and the National Defense Service Medal. When he returned home, he began suffering from agitation, inability to sleep, blackouts, and difficulties with comprehension.

He was scheduled to be evaluated for TBI. However, that evaluation never occurred. He began drinking to help himself sleep and received an other-than-honorable discharge after failing a drug test. Following his discharge, the VA diagnosed him with TBI, and he began treatment.

The VA later determined he was ineligible for treatment due to the character of his discharge, and his treatment ceased immediately. He was later evaluated by a psychologist specializing in trauma management who determined that the behavior that led to his discharge was the result of his TBI and PTSD.

He petitioned the Discharge Review Board for a discharge upgrade and presented the medical evidence of both TBI and PTSD. However, the Discharge Review Board considered his medical evidence to be irrelevant and his petition was denied.

This Michigander has since experienced periods of homelessness and has had difficulty maintaining a job. This is an example of someone who is suffering as a result of service to his country, and yet the VA denied his request for benefits on the basis of this discharge. The Discharge Review Board also denied his request to upgrade his discharge, despite his presenting clear evidence of his condition.

We must stop denying care to servicemembers with stories like this and start providing them with the benefits they deserve and earned through their service. We have a responsibility to treat those who defend our freedom with dignity, respect, and compassion.

Last year I introduced the Fairness for Veterans Act, and the Peters- Daines-Tillis-Gillibrand amendment that was unanimously accepted by this body is a modified version of that bill. The Peters amendment would ensure liberal consideration will be given to petitions for changes in characterizations of service related to PTSD or TBI before Discharge Review Boards.

The Peters amendment also clarifies that PTSD and TBI claims that are related to military sexual trauma should also receive liberal considerations. I would like to thank the many veterans service organizations that advocated tirelessly on behalf of this amendment and legislation.

I would like to recognize the Iraq and Afghanistan Veterans of America, Disabled Veterans of America, Military Officers Association of America, the American Legion, Paralyzed Veterans of America, Vietnam Veterans of America, Veterans of Foreign Wars, United Soldiers and Sailors of America, and Swords to Plowshares.

In addition to seeing strong support from these veteran services organizations, this has also been a bicameral effort. I would also like to thank Representative Mike Coffman of Colorado and Tim Walz of Minnesota, who introduced the companion bill in the House and are supportive of this amendment.

Servicemembers who are coping with the invisible wounds inflicted during their service and were subject to a bad paper discharge should not lose access to the benefits they have rightfully earned. That is why we must ensure that all veterans get the fair process they deserve when petitioning for a change in characterization of their discharge. The Peters amendment No. 4138 will do just that.

I am proud that today this body unanimously approved this important amendment that I authored with Senators Daines, Tillis, and Gillibrand. I look forward to working with my House colleagues to ensure this provision remains in the conference bill.

BREAK IN TRANSCRIPT

Source