The Military Mental Health Protection and Justice Act (MMHPJ Act)
WHAT IS THE MMHPJ ACT?
The DeRito Act is a proposed reform to the Uniform Code of Military Justice (UCMJ) aimed at making it illegal for military personnel to falsify mental health records of service members who report sexual assault, harassment, or misconduct. The initiative is named after Adam DeRito, a former Air Force Academy cadet who alleged that his records were falsified as retaliation for reporting multiple cases of sexual assault. This act seeks to ensure accountability and protection for service members facing such retaliation.
HOW CAN WE PASS THE MMHPJ ACT?
The passage of the DeRito Act in Congress depends on several factors, including bipartisan support, advocacy efforts, and prioritization within legislative agendas. Given its focus on accountability and protecting service members from retaliation, it has the potential to gain traction, particularly amidst growing awareness of issues related to military justice reform. However, its success will likely require strong backing from lawmakers, veteran advocacy groups, and public pressure to overcome possible resistance from institutional stakeholders or competing legislative priorities.
HOW CAN I HELP PASS THE MMHPJ?
To help pass the DeRito Act, individuals can:
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Contact Representatives: Reach out to local Congress members, expressing support for the act and urging them to co-sponsor or vote for it.
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Advocate Publicly: Use social media, blogs, or public forums to raise awareness about the act and its significance in protecting service members.
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Join Advocacy Groups: Collaborate with organizations focused on military justice reform or veterans’ rights to strengthen lobbying efforts.
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Petition for Support: Create or sign petitions to demonstrate widespread public backing.
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Engage the Media: Write op-eds or request coverage to spotlight the issue.
Why This Matters
If you are in or were in the military, you should be concerned that your medical records can be changed by a doctor you've never seen and without your knowledge. If that happens, you may have little recourse for correcting them.
In Adam's case, it took three years for the the Air Force Academy to provide the medical records that showed when the doctor he had never met with added the diagnosis. Adam requested the Air Force Board for Correction of Military Records review his case and the psychological advisor recommended the records be corrected. However, when they updated the records, they added additional damaging information.
Medical Records
Legal Precedence
If you are in the military, you should be concerned that if your constitutional rights are violated, you will have no recourse.
In the most recent ruling on Adam's case, the judge does not deny that Adam's constitutional rights were violated, he only says that the court cannot rule on matters like this. The judge is setting precedence that as long as the military has no procedure for which a constitutional right is violated, there is no recourse for anyone in military.
Essentially, this gives the leaders in the military a free pass to do whatever they would like, as long as no procedures exists.
Military members and their families should be concerned that leaders and doctors are not being held accountable. The doctor in this case, Dr. Kristin Henley Price, who is still serving in the military, has claimed she saw and evaluated Adam. However, she did not. We believe she either acted on her own to fabricate Adam's medical records or that she was ordered to do so.
The Colorado State Board of Psychologist Examiners, which regulates licensed psychologists in Colorado, has now opened an investigation into the alleged medical provider who we believe, falsified Adam's records.
Injustice
WHAT CAN YOU DO?
ENCOURAGE THE COURT TO RULE AGAINST USAFA
Write to the United States Court of Appeals for the Tenth Circuit and tell them that a ruling against Adam DeRito would allow the USAFA to get away with falsification of medical records and retaliation.
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
SENATOR KIRSTEN GILLIBRAND
Senator Gillibrand has been an advocate for sexual assault victims in the military. Tell her that we also need to protect military service members from retaliation and falsification of medical records. Contact her HERE
Senator Hickenlooper also represents the state in which the Air Force Academy is located. Tell him that there needs to be an investigation into the retaliation and falsification of medical records perpetrated by USAFA. Contact him HERE.
SENATOR JOHN HICKENLOOPER
Representative Crank represents the Colorado’s 5th Congressional District where the Air Force Academy is located. Tell him you want to see the Air Force and their leadership held accountable for their actions. Contact him HERE.
REP. JEFF CRANK
REP. LAUREN BOEBERT
Representative Boebert has consistently stated that she cares about veterans and combating corruption within the government by exposing it. Ensure Rep. Boebert stands by her election campaign promises. Contact her HERE.
Representative Evans is a Colorado Army National Guard veteran, former police officer, and former State Representative serving in Colorado's 8th District and is Adam DeRito's Congressional representative. Demand that he advocates for his constituents and fight for justice at USAFA. Contact him HERE.
REP. GABE EVANS
Representative Hurd serves Colorado's 3rd Congressional District, and is an attorney that has pledged to advocate for veteran issues and fight for our military members. Contact him HERE.
REP. JEFF HURD
