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What is the Brandon Act? Navy and Marine Corps roll out policy to improve members’ access to mental health treatment

The policy allows for mental health evaluation on service members' requests and mandates commanders to maintain the privacy of the personnel
PUBLISHED JUL 14, 2023
Brandon Caserta died by suicide on June 25, 2018 at just 21 years of age (Courtesy: Caserta family)
Brandon Caserta died by suicide on June 25, 2018 at just 21 years of age (Courtesy: Caserta family)

The US Navy and Marine Corps have introduced new initiatives aimed at improving access to mental health treatment for service members. These measures allow personnel to confidentially request a referral from their supervisor or commanding officer at any time without facing repercussions, in an effort to reduce the stigma associated with seeking mental health support.

Navy Secretary Carlos Del Toro issued a message implementing the Brandon Act, named after Navy sailor Brandon Caserta, who tragically died by suicide in 2018. The Brandon Act empowers service members to "seek help confidentially for any reason, at any time and in any environment, thereby reducing the stigma associated with seeking mental health treatment," according to Del Toro.

(Courtesy of the Caserta family)
 An investigation found that leadership at Helicopter Sea Combat Squadron 28 in Norfolk, Virginia, "contributed" to Navy sailor Brandon Caserta's decision to take his own life (Courtesy: Caserta family)

What is the Brandon Act?

Brandon, a 21-year-old aircrew aviation electrician's mate assigned to Helicopter Sea Combat Squadron 28 in Norfolk, Virginia, died by suicide on June 25, 2018. Caserta's parents, Patrick and Teri Caserta, who advocated for the implementation of this policy, revealed that their son had experienced bullying by a supervisor, and the command did little to intervene or allow him to transfer to another unit. The new directive by Secretary Del Toro ensures that commanders are responsible for ensuring service members know how to request a mental health evaluation, receive prompt evaluations, and treat mental health referrals on par with physical health referrals.

The policy, which creates a self-initiated referral process for mental health evaluations of service members, requires annual training on service members' rights to request mental health evaluations. It also mandates commanders to maintain privacy by not seeking providers to share the results of the mental health examination, except in specific cases outlined in Department of Defense Instruction 6490.08. These exceptions include instances where a service member poses a risk to themselves, others, or the mission, has an acute medical condition affecting duty, requires inpatient care or substance abuse treatment, or when the command mandates a mental health evaluation.

'Sign of strength!'

"Our ability to maintain naval superiority requires leaders who create psychologically safe environments, team members who promote each others' well-being and the personal self-awareness to know when we need increased support," Del Toro wrote in ALNAV 054/23 on July 11. The policy extends to the Marine Corps as well. Since the passing of the law in late 2021, prompted by the advocacy of Caserta's parents, the Defense Department took until May of this year to finalize the policy. During this interim period, 440 active-duty service members from all six branches of the military, including the Coast Guard, died by suicide, according to Department of Defense and Coast Guard records. 

"Every active and veteran service member can now have the help they need and do not have to suffer alone; instead, they can reach out and get medical support," Patrick Caserta said. Under the directive issued in May, service members are not required to wait for a referral to seek mental health evaluations and can access treatment at military medical facilities at any time. They also have access to non-medical counseling services provided by Fleet and Family Support Centers, Marine Corps Community Services, chaplains, and military and family life counselors.

"Sailors and Marines are empowered and encouraged to directly seek mental health services as desired from any of these resources," the act reads. Capt. Christine O'Connell, acting director of the Navy's Office of Force Resiliency, encourages sailors to seek assistance when facing challenges, emphasizing that it is a "sign of strength." It requires courage, vulnerability, and a deep understanding of our own humanity. It is a powerful act that fosters connection and ultimately propels us toward personal and collective growth," O'Connell said.

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