Update on The Brandon Act: Expanding Awareness and Accountability

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Photo courtesy of Teri Caserta, The Brandon Caserta Foundation.

Military installations and service branches are not consistently implementing The Brandon Act, and in many cases, service members are reporting that they have never heard of it. This gap in awareness and enforcement is undermining the law that was designed to save lives.  

Military.com previously followed the journey of the Caserta family, whose son tragically passed away from suicide, and how their efforts fundamentally changed the conversation on mental health in the military. The Brandon Act, which became law in December 2021, mandated that service members could confidentially seek mental health support outside of their chain of command. It is named in honor of Navy Petty Officer 3rd Class Brandon Caserta. 

 

Brandon Caserta's boot camp photo. Photo courtesy of Teri Caserta, The Brandon Caserta Foundation.

The Brandon Caserta Foundation Interview

It has been approximately five years since The Brandon Act became law, and we speak with Teri Caserta, Co-Founder of The Brandon Caserta Foundation, for an update. The core message is that military service members have the legal right under The Brandon Act to access mental health assistance without fear of cultural stigmas, career consequences, or other retaliation, and they can request confidentiality outside of their chain of command if needed. This included annual training by the Department of War to better recognize when mental health evaluations are needed. 

Fast forward to today, and we still see barriers related to awareness, access, and accountability across the Armed Forces. More policy reforms on oversight, standardized training, and visibility are needed for consistent enforcement. Otherwise, the same systemic failures that contribute to military suicides will persist.

The Brandon Caserta Foundation logo. Photo courtesy of Teri Caserta, The Brandon Caserta Foundation.

Military.com (Kimberly O’Brien): Your foundation helped draft and pass The Brandon Act, which grants service members the right to confidentially request a mental health evaluation outside their chain of command. How has the law changed the landscape of help-seeking within the military, and where are you still seeing barriers to full implementation?  

Teri Caserta (Co-Founder, The Brandon Caserta Foundation): The Brandon Act has fundamentally changed the conversation around mental health in the military by giving service members a clear legal right to confidentially request a mental health evaluation without having to justify their need for help or navigate unnecessary barriers. The law was designed to reduce stigma and remove the fear that asking for help would negatively affect a service member’s career or be blocked by leadership, ending toxic and abusive leadership. Under the policy, a service member can request a referral through a supervisor or someone outside of their chain of command and be connected with a mental health provider as quickly as possible, ensuring that access to care begins the moment they ask for help. 

However, the biggest challenge we continue to see is inconsistent implementation across the services and installations. Many service members still tell us they have never heard of The Brandon Act, while others report being incorrectly told they cannot invoke it or encounter delays when they try. That is why we are pushing for stronger oversight, accountability, and standardized awareness measures across the Department of Defense, because a law that service members do not know about, or that is not consistently enforced, cannot fully achieve the life-saving impact Congress intended.

Military.com: The recent Military.com feature on Red Star Foundation describes suicide as a “community injury.” From your perspective, how does legislative reform, like The Brandon Act, complement peer-to-peer and community-based approaches to prevention?

Caserta: Suicide in the military truly is a community injury. When a service member dies by suicide, it affects their family, their unit, their friends, and the entire military community. Peer-to-peer support and community organizations play a critical role because service members often confide in each other first or reach out to people they trust outside the system. 

Legislation like The Brandon Act complements those efforts by ensuring that when a service member finally makes the decision to seek professional help, there is a clear, protected pathway to access care. The law removes barriers by allowing them to confidentially request a mental health evaluation outside their chain of command, which helps reduce stigma and fear of retaliation. 

Community support can open the door, but policy must ensure that the door actually leads somewhere. When peer support, family advocacy, and strong legislation work together, we create a system where service members are more likely to ask for help and more likely to receive it when they do.

Military.com: You’ve emphasized that passing legislation is only the first step. What implementation gaps or compliance challenges are you currently observing within military commands, and what reforms are needed to ensure service members can safely exercise their rights?  

Caserta: Passing legislation is only the first step. What we are seeing now is that implementation across the services is inconsistent. Many service members still report that they have never heard of The Brandon Act, are told incorrectly that they cannot invoke it, or encounter delays and resistance when trying to access care outside their chain of command. In some cases, commands are simply unaware of the law or have not been properly trained on how it is supposed to work. 

These gaps show that a law on paper does not automatically translate into protection in practice. Without standardized training, clear accountability for noncompliance, and consistent visibility of the law at every installation, service members may never know they have the right to confidentially request help. 

That is why we are advocating for amendments to strengthen oversight, establish accountability for commands that fail to comply, and require consistent awareness measures across the force. Service members should not have to fight the system to access the care Congress already guaranteed them. The intent of The Brandon Act was to remove barriers to mental health care, and the next step is ensuring that intent is fully implemented across every branch of the military.

Military.com: Beyond advocacy at the national level, your foundation works directly with service members and families navigating crisis and grief. What have you learned from those personal conversations that policymakers and the public often overlook when discussing military suicide?  

Caserta: One of the most important things we’ve learned from speaking directly with service members and their families is that many of them feel completely alone when they are struggling. From the outside, people often assume the military has strong systems in place to support mental health, but the reality we hear repeatedly is very different. Many service members tell us they fear retaliation, damage to their careers, or being labeled as weak if they speak up about mental health challenges. 

Even when resources technically exist, the culture surrounding help-seeking can make service members feel like accessing those resources will come at a personal cost. Some worry that asking for help will affect their security clearances, their ability to deploy, or their chances for promotion. Others tell us they are afraid of being treated differently by their leadership or peers. 

Families often see the struggle long before the system does. Parents, spouses, and friends reach out to us saying their loved one was suffering but did not feel safe seeking help within their command. What many policymakers and members of the public overlook is how powerful that fear and isolation can be. When someone already feels overwhelmed, the perception that asking for help could harm their career can become an enormous barrier. 

That is why laws like The Brandon Act are so important. They are designed to remove those barriers and create a clear, confidential pathway for service members to ask for help without fear. But for the law to truly make a difference, service members must know it exists and trust that it will be honored when they use it.

Brandon at boot camp. Photo courtesy of Teri Caserta, The Brandon Caserta Foundation.

Families also tell us that when their loved one tried to ask for help, the system often moved too slowly, or the request was dismissed within the chain of command. In too many cases, the warning signs were there, but the culture or bureaucracy prevented meaningful intervention. What policymakers and the public sometimes overlook is that these are not abstract policy failures; they are human lives. Every conversation we have with a grieving family reminds us that suicide does not just affect one person; it devastates families, units, and communities. 

Those conversations are exactly why laws like The Brandon Act matter. They create a clear, protected pathway for service members to seek help outside their chain of command. But they also remind us that legislation alone is not enough. Real change requires consistent implementation, accountability, and a culture that truly supports service members when they reach out for help.

Military.com: Is there anything else you would like to share with the Military.com audience?

Caserta: I would want the Military.com audience to understand that The Brandon Act exists because of the life of our son, Aviation Electrician 3rd Class Brandon Caserta, and the lessons learned from the failures that led to his death. Brandon served in Helicopter Sea Combat Squadron 28 (HSC-28), where he was often described by his leadership and peers as one of the hardest-working sailors in the command. He had a smile that could light up a room and a personality that made people feel welcome and cared for. Brandon was the kind of person who showed up for his friends, and many of them still struggle deeply with his loss. 

What made his death even more painful for our family was the silence that followed. No one from his command attended his funeral or reached out to offer condolences. Several sailors later told us they were afraid to speak because they had been warned not to communicate with our family or the media. That kind of silence only deepens the wounds for families who are already devastated. 

Brandon’s friends and family continue to feel the impact of his loss every day. Like so many families affected by military suicide, our lives were permanently changed. Eight years later, the grief is still very real. That is why we continue this work, to make sure no other family has to experience the same silence, confusion, and preventable loss. Patrick and I never imagined we would become advocates or work in legislation, but when you lose a child under circumstances that could have been prevented, you feel a responsibility to make sure it never happens to another family. 

Photo courtesy of Teri Caserta, The Brandon Caserta Foundation.

Since The Brandon Act became law, our foundation has spoken directly with hundreds of service members, veterans, and families. What we hear over and over again is that many still do not know the law exists or do not feel safe using it. That is why our work continues. Passing legislation was only the first step; ensuring it is implemented, visible, and enforced is the real mission. 

If there is one message I hope service members take away, it is this: your life matters more than any stigma, rank structure, or fear of speaking up. Seeking help is not weakness; it is courage. And for families and leaders, we must continue to push for accountability and cultural change so that no service member feels alone when they need support the most. We are here to support every service member and do everything we can to help when they need it most. Brandon’s life continues to drive this work, and our mission is simple: make sure every service member knows help exists, knows they have the right to ask for it, and knows their life matters. 

In addition to advocating for policy reform, The Brandon Caserta Foundation is committed to honoring service members and supporting families affected by military suicide. The Foundation established a scholarship at Arizona State University for students pursuing a degree in psychology, helping to support the next generation of professionals focused on mental health within the military communities. We also honor service members who have died by suicide by placing memorial benches in their hometowns so their lives and service are never forgotten. At the same time, we are working to build a program that will provide financial assistance to help families travel to be with their struggling service members, ensuring they have the vital support of their loved ones when they need it most. 

The Brandon Caserta Foundation anchor logo. Photo courtesy of Teri Caserta, The Brandon Caserta Foundation.

For more information on the Brandon Act, please visit: www.thebrandonact.org 

For more information on The Brandon Caserta Foundation, please visit: www.brandoncasertafoundationaboutrg

See the links below for background on the history of legislation around The Brandon Act:

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