Spiritual Minded Military Nebraska Army Reserve: Does Behavioral Health Go on My Permanent Record—The Record Protection Protocol

 

THE FEAR THAT KEEPS YOU FROM HELP

This fear is the fear of helping.

It's time to talk to someone. The nightmares have returned. The wrath is spilling over onto your family. You cannot sleep. You cannot focus. There's no more room for this sort of running around.

However, you don't make that decision.

The fear stops you. Will this be on my record? "Will my commander know? Will I lose my security clearance? Will this follow me?

You've heard about those stories. One soldier proceeded to behavioral health. He was flagged for clearance. He lost his career. The story could actually be true. The story could be fabricated. It is not significant what it tells you. The fear is real.

Here is the truth. Behavioral health records are types of medical records. Medical histories are kept confidential. The Record Protection Protocol provides you with the details of how to do it.

"For God has not given us a spirit of fear, but of power and of love and of a sound mind." — 2 Timothy 1:7

THE SHORT ANSWER

Will behavioral health be on your permanent record?

No. Not as you might imagine.

Behavioral health records are health records. Medication records are secure in accordance with the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act (HIPAA). Your behavioral health care records are not contained in your military personnel file. The behavioral health records are kept in a separate area. Custodial records of your behavioral health care are confidential.

The enemy would have you think that any time you go to behavioral health, it is a cross against you. The enemy is a liar.

The Record Protection Protocol is the truth.

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WHAT IS ACTUALLY IN YOUR PERMANENT RECORD

Service history is contained in your official military personnel file (OMPF). Your OMPF includes your enlistment contract. The promotion orders are part of your OMPF. Awards and decorations are included in your OMPF. Your OMPF includes your performance evaluations.

Your OMPF does NOT include your behavioral health records.

AHLTA is an electronic health record medical system used by the military. Behavioral health records are kept in a separate, secured section of AHLTA. Access is limited to medical providers with a legitimate need to know.

Your commander is not allowed to simply log in and view your therapy notes. Your commander must have an authorized medical reason to view your medical records. Your commander must follow the proper chain of command.

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WHAT YOUR COMMANDER CAN AND CANNOT SEE

Your commander is able to obtain some medical data. Your commander needs it to make readiness decisions. However, the access is restricted.

The view from your commander's perspective:

If you are medically fit to deploy. If you have any restrictions on your duties. If you need to take medicine that can be used for performance.

What your commander can't see:

Your therapy notes. Your diagnosis details. Your treatment plan. What you talk about with your provider.

Your commander is given the same information he receives for a broken leg or a case of pneumonia. Fit for duty or not fit for duty. The reason is not spelled out in detail.

The enemy would like you to think that everything you do in your therapy sessions is known by your chain of command. The enemy is a liar, and he is a deceiver of the world.

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THE ONE EXCEPTION YOU NEED TO KNOW

There are three situations where confidentiality is broken.

1. Duty to warn: Your provider will report any credible threat of harming yourself or another person. The safety of human life takes priority over confidentiality.
2. Command-directed evaluation: When your commander requests a behavioral health evaluation, the outcomes are reported to your commander. This is not of their own choosing. This is a different concept from self-referral.
3. Adjudication of security clearance: Behavioral health records are accessible during a security clearance investigation. The adjudicators, however, have been trained to recognize differences between routine treatment with regard to condition and untreated conditions, which impacts reliability.

The Record Protection Protocol is a self-referral protocol. Self-check before being checked. Refer yourself before the commander's evaluation.

"I sought the Lord, and He answered me; He delivered me from all my fears." — Psalm 34:4

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THE RECORD PROTECTION PROTOCOL

1. Refer yourself to the appropriate support

Self-referrals are safeguarded by the Limited Use Policy (LUP). Going to your commander, chaplain, or behavioral health and declaring, “I need help," is confidential. Protection is removed if the commander sends you due to a performance problem.

Do self-refer prior to the incident. Refer yourself before your commander sends you.

2. Know Your Rights

The Privacy Act gives you access rights to your records. If information is incorrect, you have the right to ask for this to be corrected. You can request information about who has seen your records.

Ask your provider for a copy of your records. Review them. Please ensure they are accurate.

3. Record All of This

When self-refer, make records. Starting Date. The service provider you encountered. You will receive a copy of the treatment you received. If ever your clearance is called into question, you can demonstrate that you voluntarily went for help and received successful treatment.

Documentation is your shield. Use it.

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THE NEBRASKA RESERVE CONTEXT

Nebraska is not a large state. The military community is tight. Everyone knows everyone. The enemy uses the smallness to make you afraid.

"They will find out. They always find out. You cannot hide anything in Nebraska."

The enemy is a liar. Your medical privacy is protected by federal law. Nebraska does not have a separate, weaker privacy standard. The same HIPAA protections apply in Lincoln that apply in Los Angeles.

Your behavioral health records are safe. Your career is safe. Your reputation is safe.

The Record Protection Protocol is not about hiding. The Record Protection Protocol is about knowing your rights.

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Conclusion

Nebraska Army Reserve, you asked, "Does behavioral health go on my permanent record?"

The answer is no. Not in the way you fear.

Your records are medical records. Medical records are protected. Your commander does not have real-time access to your therapy notes. Your permanent record does not contain your diagnosis details.

The Record Protection Protocol gives you the tools. Self-refer. Know your rights. Use confidential channels. Document everything.

The fear is not protecting your career. The fear is destroying your life. Get help. Your record is safe. Your career is safe. You are not alone.

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