Brandon Caserta, the U.S. Navy sailor whose death inspired the Brandon Act, is shown in an undated family photo. The Department of Defense recently updated its policy on continuity of mental health care for separating troops, though experts say it still falls short of addressing the vulnerable first year after service. (The Brandon Act)
A 13-year-old Pentagon policy governing mental health evaluations for service members was updated to incorporate safeguards in legislation named for a Navy sailor who took his own life.
The guidance, published earlier this week, incorporates the Brandon Act into the broader Pentagon policy, allowing service members to request a confidential command referral for a mental health evaluation through their supervisor.
The reissued instruction replaces the Pentagon’s old policy, which lacked explicit protections and procedures for mental health self-referrals. It also standardizes the Brandon Act across all military branches.
The law is named for Petty Officer 3rd Class Brandon Caserta, an aviation electrician who died by suicide June 25, 2018, on the flight line at Naval Station Norfolk, Va.
A command investigation found that abusive and toxic leadership in his helicopter squadron contributed to his death. His parents, Patrick and Teri Caserta, subsequently pushed Congress for legislation to expand access to mental health services for military personnel.
After Congress passed the Brandon Act in December 2021, the Pentagon issued a temporary memorandum directing the services to establish procedures for service members to request a referral for a mental health evaluation through a commanding officer or supervisor. The updated guidance incorporates those requirements into more permanent military regulation.
The policy says that service members may request a referral for any reason and on any basis, including but not limited to personal distress, safety concerns and trouble functioning in activities because of a possible mental health condition.
They are not required to tell their supervisors or commanders of why they are seeking mental health support.
The request must be made through a commanding officer or supervisor of at least a grade of E-6 or the equivalent within the service member’s leadership chain.
The commander or supervisor must make the referral as soon as possible, the guidance states.
The updated policy also calls for leaders and service members to be trained annually on how to recognize personnel who may need a mental health evaluation, are at risk of self-harm or pose a danger to others.
It’s not clear whether that requirement is separate from or supplements the Pentagon’s annual suicide prevention training.
Caserta’s parents, with support from a bipartisan group of lawmakers, are calling on Congress for further amendments to make Brandon Act training an annual requirement.
They say they’ve received reports from service members who have never heard of the law or were told they could not invoke it.
