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Cpl. Anthony Gray practices yoga with Marine Wing Headquarters Squadron 1, 1st Marine Aircraft Wing, on Camp Foster, Okinawa, Japan, April 13, 2018. Over 100 Marines and Sailors with MWHS-1 participated in this event in order to build camaraderie and unit cohesion. Gray, from Muscatine, Iowa, is an intelligence specialist with MWHS-1. (U.S. Marine Corps photo by Lance Cpl. Alexia Lythos)
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Brandon Act

The Defense Department has issued guidanceGoes to the Directive Type Memorandum that allows service members to start their own referral for a mental health evaluation.

This policy is in accordance with federal lawGoes to https://www.govinfo.gov/ (Section 704 of Public Law 117-81 and Section 705 of Public Law 118-31) and a Congressional bill named in honor of Petty Officer 3rd Class Brandon Caserta who died by suicide in 2018. The Brandon Act empowers service members to get the help they need confidentially. This reduces the stigma associated with mental health. Service members start the referral process by talking to their commander or supervisor.

Find Mental Health Resources Read the Brandon Act Fact Sheet

Implementation Phases

The Military Departments will implement the policy in two phases.

  1. All service members serving on active duty
  2. All service members of the Selected Reserve in a duty status

Phase 1 is currently in progress. The DoD is actively working to develop policy applicable to to Phase 2. 

Frequently Asked Questions

The Brandon Act empowers service members to get the help they need confidentially, reducing the stigma associated with mental health. Service members start the referral process by talking to their commander or supervisor.

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The Brandon Act was introduced into legislation following the death of U.S. Navy Petty Officer 3rd Class Brandon Caserta, who died by suicide in 2018. The legislation is designed to protect the health of service members who experience mental health concerns and aims to reduce the stigma associated with seeking help.

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On May 5, 2023, Under Secretary of Defense for Personnel and Readiness Gilbert Cisneros signed a memo directing actions to establish policy, assign responsibilities, and provide procedures for service members to seek support by requesting a referral through a commanding officer or supervisor grade E-6 or above for a mental health evaluation. The Department is also working closely with the Military Departments and the Defense Health Agency to establish additional guidance to support the implementation of the Brandon Act.  

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The Defense Health Agency is working closely with the Military Departments so they can educate all service members on the process of seeking support by requesting a referral for a mental health evaluation. The Defense Health Agency is also working closely with the Military Departments to implement training for commanding officers and supervisors grade E-6 or above who receive requests from service members for a mental health evaluation so that requests are handled in an appropriate and timely manner.

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The Brandon Act empowers service members to seek support by requesting a referral through a commanding officer or supervisor for a mental health evaluation. The new process allows service members to seek help confidentially, for any reason, at any time and in any environment, and aims to reduce the stigma associated with seeking help. Service members continue to have the option to contact a mental health care provider directly, without the involvement of their unit.

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Yes. The Brandon Act covers service members serving on active duty and members of the Selected Reserve in a duty status. Implementation of the policy will occur in two phases, beginning with all service members serving on active duty.

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Implementation of the policy will occur in two phases. Phase 1 includes all service members serving on active duty and is currently in progress. Phase 2 includes members of the Selected Reserve in a duty status. The DoD is actively working to develop policy applicable to Phase 2.

The Defense Health Agency is working closely with the Military Departments so they can educate all service members on the process of seeking support by requesting a referral for a mental health evaluation. The Defense Health Agency is also working closely with the Military Departments to implement training for commanding officers and supervisors grade E-6 or above who receive requests from service members for a mental health evaluation so that requests are handled in an appropriate and timely manner.

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The Military Departments have established processes to implement a self-initiated referral process for service members serving on active duty.

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The implementation of policy can be complex. How service members on active duty access services can be different from how members of the Selected Reserve in a duty status access services. During Phase 2, the DoD will continue to develop mechanisms to enable referrals for mental health evaluations through commanding officers and supervisors grade E-6 or above for service members of the Selected Reserve in a duty status.

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The execution of any policy can be complex and can take time to fully execute. The Military Departments have established processes to implement Phase 1 of the policy. We are committed to full transparency and keeping our service members informed about the length of time it will take to execute each phase of the plan.

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The implementation of any policy can be complex. The Department is committed to diligently and thoughtfully working through the challenges associated with the development of procedures to enable prompt referrals for mental health evaluations for service members of the Selected Reserve in a duty status.

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A DTM, or Directive Type Memorandum, is used by DOD to issue, change or cancel a DOD policy in an existing DOD issuance.

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DTMs are only issued for time-sensitive actions and when time constraints prevent publishing a new issuance or incorporating a change to an existing issuance through the normal issuance change process. DTMs are not used to permanently change or supplement existing issuances and, in most cases, are effective for no more than 12 months from the date signed.

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Nothing is more important to Department of Defense leadership than taking care of our people and ensuring their mental and physical health and well-being.

The implementation of any policy can be complex. The Department is committed to diligently and thoughtfully working through the challenges associated with finalizing the details of the policy so that service members receive mental health care when they need it, where they need it.

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Anyone in crisis should immediately call 911 or the 988 Military Crisis Line. For non-crisis situations, there are numerous medical and non-medical mental health resources available to assist service members in need of mental health support. Find more information on available resources at health.mil/mentalhealth.

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The Defense Suicide Prevention Office has a leaders guide: Leaders Suicide Prevention Safe Messaging Guide (dspo.mil) In addition, the Defense Health Agency and each of the Military Departments offer suicide prevention resources available here: health.mil/suicideprevention.

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FAQ
Oct 15, 2024

The Brandon Act

The Brandon Act empowers service members to get the help they need confidentially, reducing the stigma associated with mental health. Service members start the referral process by talking to their commander or supervisor.

Last Updated: October 15, 2024
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