U.S. Code
»
Title 10
» Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 59— SEPARATION
10 U.S.C. § 1177
Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation
(a)Medical Examination Required.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation, or sexually assaulted, during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.(2) A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned.(3) In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate.(b)Purpose of Medical Examination.—The medical examination required by subsection (a) shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.(c)Inapplicability to Proceedings Under Uniform Code of Military Justice.—The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.(Added Pub. L. 111–84, div. A, title V, § 512(a)(1), Oct. 28, 2009, 123 Stat. 2280; amended Pub. L. 112–239, div. A, title V, § 518, Jan. 2, 2013, 126 Stat. 1720; Pub. L. 113–66, div. A, title V, § 522, Dec. 26, 2013, 127 Stat. 755; Pub. L. 114–328, div. A, title V, § 524, Dec. 23, 2016, 130 Stat. 2116.)Editorial NotesReferences in TextThe Uniform Code of Military Justice, referred to in subsec. (c), is classified to chapter 47 (§ 801 et seq.) of this title.
Prior ProvisionsA prior section 1177, added Pub. L. 103–337, div. A, title V, § 560(a)(1), Oct. 5, 1994, 108 Stat. 2777; amended Pub. L. 104–106, div. A, title V, § 567(a)(1), title XV, § 1503(a)(12), Feb. 10, 1996, 110 Stat. 328, 511, related to mandatory discharge or retirement of members infected with HIV–1 virus, prior to repeal by Pub. L. 104–134, title II, § 2707(a)(1), Apr. 26, 1996, 110 Stat. 1321–330.
Amendments2016—Subsec. (a)(1). Pub. L. 114–328 inserted “, or sexually assaulted,” after “deployed overseas in support of a contingency operation” and “or based on such sexual assault,” after “while deployed,”.
2013—Subsec. (a)(1). Pub. L. 112–239, § 518(1), substituted “psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse” for “or psychiatrist”.
Subsec. (a)(2). Pub. L. 113–66 inserted “, including an administrative separation in lieu of court-martial,” after “honorable”.
Subsec. (a)(3). Pub. L. 112–239, § 518(2), substituted “, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse” for “or psychiatrist”.
Notes of Decisions
Frederick S. McHenry v. United States, 367 F.3d 1370 (Fed. Cir. 2004).
· cites it 2× “The Act included the “Dornan Amendment,” which amended 10 U.S.C. § 1177 to require discharge or retirement for HIV-positive members of the armed forces.”
Soldevila-Cuesta v. United States (Fed. Cl. 2018).
· cites it 5× “§ 1177 Title 10, United States Code, Section 1177 provides that, among other things, the Secretary of a military department shall ensure that a service member who has been deployed overseas during the previous 24 months—and who is diagnosed by a physician, clinical psychologist,…”
Caceres-Solari v. United States (Fed. Cl. 2019).
· cites it 5× “In accordance with 10 USC § 1177 , an officer shall receive a medical evaluation to assess whether the effects of PTSD or TBI constitute matters in extenuation that relate to the basis for administrative separation if the officer meets any of the following criteria: (a) Is being…”
Machado (D.N.H. 2026).
· cites it 4× “He also argued that his discharge was improper due to the Army’s asserted failure to comply with the procedural requirements for administrative separations imposed by 10 U.S.C. § 1177 . Id. at 492. Attached to his application were several exhibits, including a medical report…”
Carlborg v. United States (Fed. Cir. 2024).
“The next alleged violation, that the USMC failed to properly conduct a medical examination upon separation as required under 10 U.S.C. § 1177 , is also unpersuasive. The record evidence indicates that Mr.”
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