Brandon Act

The Brandon Act is a bill that allows service members to initiate a referral process for a mental health evaluation simply by making a request to their supervisor (a commanding officer or supervisor who is in grade E-6 or above). Service members can make this request for any reason, at any time and in any environment.

The bill was introduced into legislation following the death of Navy Petty Officer 3rd Class Brandon Caserta, who died by suicide in 2018. The legislation was signed into law by President Joe Biden on Dec. 27, 2021, as part of the 2022 National Defense Authorization Act.

Implementation of the Brandon Act is occurring in two phases. Phase One is in progress.

1. Service branches will establish procedures to implement the policy for service members on active duty.
2. Service branches will establish procedures to implement the policy for service members who aren’t serving on active duty.

The Defense Department is actively working to develop policy applicable to Phase Two.

Service members may initiate a referral for any reason or on any basis by making a request to their supervisor (a commanding officer or supervisor who is in grade E-6 or above). They are not required to provide a reason or basis to request and receive a referral.

Mental health providers will assess the service member’s medical readiness for duty with specific consideration for mental health, risk of harm to self or others, symptom severity, prognosis for return to duty, and risk of decompensation, aggravation or further injury if participation in occupational activities continues.

To find out more information about the Brandon Act, including frequently asked questions, visit Health.mil’s Brandon Act page.

View the following resources for more information about the Brandon Act:

• Health.mil
• Defense Department news release “DOD Announces Implementation of the Brandon Act”
• Defense Department news article “Brandon Act Aims to Improve Mental Health Support”
• Directive-type Memorandum 23-005, “Self-Initiated Referral Process for Mental Health Evaluations of Service Members”
• Air Education and Training Command
• Brandon Caserta Foundation

If you or someone you know is in crisis, contact the Military Crisis Line by dialing 988, then press 1, or access online chat by texting 838255. To learn about efforts to encourage help-seeking and mental health care in the military, where to go for help, and how members of the military community can support one another, listen to this Military OneSource podcast episode: Military Mental Health: It’s OK to Get Help.