Command-Directed Mental Health Evaluations and Mental Health Related Discharges from the United States Military: An Argument for Command Authority

Laura K. Buchholtz

Abstract


The United States military is under fire.  The American public and Congress have criticized the state of behavioral health treatment both during and after military service.  A commander-driven process, readiness assessment demands adherence to physical fitness standards, including mental stability.  However, the process of assessing, treating and discharging service members with behavioral health issues is seen as fundamentally unfair to the members as well as inadequate to address mental health concerns.  From a legal perspective, this process is consistently upheld as valid by the courts, along with the vast majority of other decisions made by military commanders.  Behind the rhetoric that the military and veterans’ services are not doing enough for military members with mental health issues are studies showing that the vast majority of mental health issues are not acquired as a result of military service, but were present and unreported or undiagnosed before military service.  By examining the process, judicial history and unique mission of the military, one can understand why military commanders are given such autonomy.  The military is by no means perfect, but commanders are the best assessment tool for their troops and should remain in that critical role.  


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