(a)
(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)
(c)
References in Text
The Uniform Code of Military Justice, referred to in subsec. (c), is classified to chapter 47 (§801 et seq.) of this title.
Prior Provisions
A 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.
Amendments
2016—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".