The Brandon Act

The Brandon Act empowers service members to get the help they need confidentially, reducing the stigma associated with mental health. Service members start the referral process by talking to their commander or supervisor.

This page contains a series of frequently asked questions. You can use the search bar below to explore additional FAQ pages.
Q1:

What prompted the introduction of the Brandon Act?

A:

The Brandon Act was introduced into legislation following the death of U.S. Navy Petty Officer 3rd Class Brandon Caserta, who died by suicide in 2018. The legislation is designed to protect the health of service members who experience mental health concerns and aims to reduce the stigma associated with seeking help.

Q2:

What priority actions is the Department of War taking in response to the legislation?

A:

On July 27, 2026, DOW published DOW Instruction 6490.04, "Mental Health Evaluations of Service Members" which provides an additional method for service members to request a mental health evaluation. The military departments continue to develop guidance and policies on the self-initiated referral process for mental health evaluations.

Q3:

Can you provide details about the education and training plans?

A:

The Defense Health Agency and the military departments are working together to educate service members on their options to seek support for a mental health evaluation through self-referral, either directly through a military hospital or clinic, or with the assistance of their leadership.

DHA has developed and implemented training for healthcare providers to facilitate the appropriate and timely handling of requests for a mental health evaluation. The military departments have developed and implemented training for commanding officers and supervisors who may receive requests from service members for a mental health evaluation so that requests are handled in an appropriate and timely manner.

Q4:

How will service members benefit from the Brandon Act?

A:

The Brandon Act empowers service members to seek support by requesting a referral through a commanding officer or supervisor for a mental health evaluation. The new process allows service members to seek help confidentially, for any reason, at any time and in any environment, and aims to reduce the stigma associated with seeking help. The Brandon Act is not meant to replace other methods of seeking care; rather it provides an additional method for service members to seek confidential mental healthcare. For instance, service members continue to have the option to request a mental health evaluation from a mental health provider without any involvement by their command or unit.

Q5:

Does the Brandon Act cover both active and reserve service members?

A:

Yes. The Brandon Act covers service members serving on active duty and members of the Selected Reserve in a duty status. The reissuance of DoWI 6490.04 includes considerations for members of the Selected Reserve.

Q6:

What happens after a service member requests a self-initiated referral?

A:

After receipt of an initial request, commanding officers or supervisors grade E-6 or above must refer the service member to a mental health provider for a mental health evaluation as soon as possible. The commanding officer or supervisor will consider the unique circumstances of the timing of the self-initiated referral, including the accessibility of military hospitals, clinics, and embedded mental health services, as well as the availability of mental health providers. Mental health providers conduct a mental health evaluation as soon as possible and, when practical, provide the necessary care as clinically indicated. Service members continue to have the option to contact a mental health provider directly, without the involvement of their unit.

Q7:

What actions can a service member take if struggling with thoughts of suicide?

A:

Anyone in crisis should immediately call 911 or the 988 Military Crisis Line. For non-crisis situations, there are numerous medical and non-medical mental health resources available to assist service members in need of mental health support. Find more information on available resources on the MHS Mental Health Hub.

Q8:

What resources are available to assist commanders and supervisors to recognize warning signs and make appropriate referrals to mental health resources?

A:

The Defense Suicide Prevention Office has a leaders guide: Leaders Suicide Prevention Safe Messaging Guide (dspo.mil) In addition, the DHA and each of the military departments offer suicide prevention resources available here: health.mil/suicideprevention.