The Brandon Act
You have the right to ask for mental health support.
Military service demands a lot from you.
You are trained to maintain your equipment, watch out for the people around you, accomplish the mission, and keep going when things get hard.
Your mental health deserves the same attention.
If you need help, you do not have to wait until you are in crisis. You do not have to prove that your problem is serious enough. And you do not have to explain to your command why you are asking for a mental health evaluation.
The Brandon Act created a process that allows service members to initiate a referral for a mental health evaluation through their command.
You can ask for help.
If You Need Help Right Now
If you are in immediate danger of harming yourself or someone else:
Call 911 or go to the nearest emergency department.
For confidential crisis support through the Military Crisis Line:
CALL 988, THEN PRESS 1
TEXT 838255
The Military Crisis Line is available 24 hours a day, 7 days a week.
What Is the Brandon Act?
The Brandon Act is named for Navy Aviation Electrician’s Mate 3rd Class Brandon Caserta, who died by suicide in 2018.
Brandon’s death and his family’s advocacy helped lead to federal legislation designed to make it easier for service members to seek mental health care.
The Brandon Act was signed into law on December 27, 2021, as part of the Fiscal Year 2022 National Defense Authorization Act. The Department of Defense began implementing the self-initiated referral process in 2023.
Its central idea is simple:
A service member can initiate a referral for a mental health evaluation by asking an authorized commander or supervisor.
You can make the request:
For any reason
On any basis
At any time
In any environment
And you are not required to tell your commander or supervisor why you are asking.
How Do I Use the Brandon Act?
For service members covered by the current DoD process, make your request to:
Your commanding officer
or
A supervisor in the grade of E-6 or above in your chain of supervision.
You do not need a special form.
You do not need to make a diagnosis.
You do not need to convince your supervisor that your reason is good enough.
You do not have to explain what is happening in your personal life or why you want to speak with a mental health professional. Current DoD policy says service members may request the referral on any basis, at any time, and in any environment.
What Do I Say?
You can simply say:
“I am requesting a mental health evaluation under the Brandon Act.”
You do not have to use magic words for your mental health concern to matter.
But being direct about what you are requesting can help make your intent clear.
You do not have to provide a reason for the request.
What Happens After I Ask?
Your commander or qualifying supervisor is responsible for facilitating the referral.
Current DoD policy requires the referral to be made as soon as practicable after the request. Service implementation guidance also provides for the member to receive information about the scheduled evaluation, including when and where it will occur.
The Brandon Act process is intended to remove unnecessary barriers between a service member and mental health care.
Your supervisor is helping facilitate access to a clinician.
Your supervisor is not conducting the mental health evaluation.
You Do Not Have to Explain Why
This is worth repeating.
You are not required to tell your commander or supervisor why you are requesting the referral.
You can choose to share more information if you want to.
But you do not have to disclose the details of your mental health concerns to your chain of command in order to trigger the referral process.
If you would rather discuss those details with a mental health professional, you can wait until you are speaking with the clinician.
The Brandon Act Is Not a Command-Directed Mental Health Evaluation
A Brandon Act referral is initiated by you.
That is different from a command-directed mental health evaluation, which is initiated by military leadership.
You are asking for care.
The fact that your commander or supervisor helps facilitate the referral does not turn your request into a command-directed evaluation.
You Can Also Go Directly to Mental Health
You do not have to use the Brandon Act every time you want mental health care.
Service members continue to have the option to seek mental health care directly, without involving their unit in the Brandon Act referral process.
Depending on where you are stationed and the resources available to you, options may include:
Your military treatment facility
An installation behavioral-health clinic
Your primary care manager
An embedded mental health provider
Military OneSource
A Military and Family Life Counselor
A chaplain
Other authorized military mental health resources
The Brandon Act gives you another pathway to care. It does not take other pathways away.
What About Confidentiality?
Seeking mental health care does not mean your command automatically receives everything you tell a clinician.
DoD policy generally protects the confidentiality of voluntary mental health treatment and restricts command notification of protected health information.
There are exceptions.
For example, a provider may be required or permitted to notify command in certain defined circumstances involving safety, serious risk of harm, or other military readiness requirements.
So the most accurate way to think about it is:
Your privacy is protected, but it is not absolute.
If you are concerned about confidentiality, you can ask the mental health provider:
“Before we begin, can you explain what information would require you to notify my command?”
Asking for Help Is Not Weakness
Military culture can make asking for help difficult.
People worry about being judged.
They worry about looking weak.
They worry about disappointing their unit.
They worry about their careers.
The purpose of the Brandon Act is, in part, to reduce those barriers and reduce the stigma associated with seeking mental health care.
Getting help when you need it is part of taking care of yourself.
It is also part of taking care of the people who rely on you.
Does the Brandon Act Apply to Me?
Active-Duty Service Members
The Department of Defense has established the self-initiated referral process for service members serving on active duty.
If you are active duty and need a mental health evaluation, you can use the process described above.
Guard and Reserve
Federal law also addresses members of the Selected Reserve in a duty status, but DoD has been implementing the policy in phases.
As of the current DoD guidance, the department describes implementation for Selected Reserve members in a duty status as Phase Two, with additional policy development continuing.
If you are in the National Guard or Reserve, do not assume that you are without help.
Use your service-specific guidance, contact your military medical or behavioral-health resources, or use the Brandon Act Resource Center below to determine the appropriate pathway for your current duty status.
And if you are in crisis, you can still use the Military Crisis Line regardless of whether you are active duty, Guard, or Reserve.
The Brandon Act Resource Center
VALOR Media Network is proud to share these resources with the support of the Brandon Caserta Foundation, founded by Brandon’s family.
The Foundation has created a dedicated Brandon Act Resource Center for service members, families, supporters, and military leaders.
There you can find information about:
How to request help
Your rights under the Brandon Act
Frequently asked questions
Military branch policies
Mental health resources
Information for families and supporters
Guidance for military leaders
Crisis resources
Who Was Brandon Caserta?
Before there was a Brandon Act, there was Brandon Caserta.
Brandon was a United States Navy sailor.
He died by suicide in 2018 after struggling with his mental health and encountering barriers while seeking help.
His family refused to allow what happened to him to be forgotten.
Their advocacy helped create a law designed to give other service members a clearer path to mental health care and to reduce the stigma surrounding asking for help.
The Brandon Caserta Foundation carries forward the values Brandon’s family associates with his life:
Honor. Respect. Patience. Kindness.
If Someone You Serve With Needs Help
You do not need to be a clinician to help someone take the next step.
You can listen.
You can take them seriously.
You can help them find the right resource.
You can offer to walk with them to behavioral health.
You can remind them about the Brandon Act.
You can sit with them while they call for help.
And if someone appears to be in immediate danger, treat it like the emergency that it is.
Call 911, seek emergency medical assistance, or contact the Military Crisis Line.
The Brandon Act Resource Center also provides resources specifically for people who are trying to help someone else. The Brandon Act
Remember the Basics
You can ask for a mental health evaluation.
You do not have to explain why.
For the current active-duty process, you can make the request through your commanding officer or an E-6-or-above supervisor in your chain.
Your request should be facilitated as soon as practicable.
You can also seek mental health care directly without using the Brandon Act process.
Your privacy is protected, subject to defined safety and military requirements.
You do not have to wait until you are in crisis.
Start Here
NEED HELP RIGHT NOW?
Call 988 and press 1
Text 838255
REQUEST HELP / LEARN HOW TO USE THE BRANDON ACT
OFFICIAL MILITARY ONESOURCE BRANDON ACT INFORMATION
Take Care of Your Most Important Piece of Equipment
You were taught to check your gear.
Maintain your weapon.
Know the condition of your equipment.
Look after the person to your left and right.
You deserve that same attention.
You do not have to wait until you are falling apart to ask for help.
You do not have to convince anyone that what you're experiencing is bad enough.
And you do not have to face it alone.
If you need help, ask.
Someone who serves beside you may need to see you do it first.
About This Resource
This page was developed by VALOR Media Network as an educational resource for service members and military families, with resources and guidance from the Brandon Caserta Foundation and official Department of Defense sources.
It is intended to help service members understand the Brandon Act and locate authoritative mental health resources. It is not medical advice, legal advice, or a substitute for treatment by a qualified health care professional.
Military policies and implementation procedures may change. For current official guidance applicable to your branch and duty status, consult your service, Military OneSource, Health.mil, or the Brandon Act Resource Center.
If you are experiencing a mental health emergency, call 911, go to the nearest emergency department, or call 988 and press 1 for the Military Crisis Line.