A Preventative Law Guide to Mental Health for Fort Bliss Soldiers and Families

By Sgt. Ryan Hernandez, Fort Bliss Legal Assistance Office

Mental health is a vital part of military readiness, family resilience, and long-term financial and legal security. For Soldiers and their families at Fort Bliss, resources are available both on-post and in the surrounding El Paso community.

While much emphasis is placed on the medical side of mental health, the legal implications are often overlooked. Confidentiality rules, command notification policies, administrative actions, security clearance considerations, family law consequences, and even financial protections all play a role in how service members and their families navigate mental health challenges.

Confidentiality and Command Notification

One of the most common concerns Soldiers have is whether their commander will find out if they seek counseling. The general rule is that voluntary mental health care is private. However, Department of War policy creates exceptions where notification is required. DoD Instruction 6490.08 specifies these circumstances: if a Soldier poses an imminent risk of harm to themselves or others, if they are admitted for inpatient treatment, or if their mental health condition directly impacts mission-critical duties such as aviation, weapons use, or convoy operations.

Even in those cases, only the minimum necessary information is shared, and the commander is not entitled to a full account of the Soldier’s diagnosis or treatment. The Army’s intent is to protect both privacy and readiness.

When a commander believes that a Soldier’s behavior creates risk, they may order a command-directed mental health evaluation under DoD Instruction 6490.04. These evaluations must follow strict procedures. The Soldier receives written notice of the referral, is informed of their rights, and the evaluation must be performed by a qualified provider. The process is not disciplinary— it is protective. If Soldiers believe procedures were not followed, the Fort Bliss Legal Assistance Office can help review and advise.

Helpful resources for confidentiality concerns:

Fort Bliss Behavioral Health Services (Mendoza Clinic, East Bliss Clinic) – confidential counseling and treatment.
Military & Family Life Counselors – provide short-term, confidential, non-medical counseling with no permanent records kept.
Military OneSource – free, confidential counseling available by phone, video, or in person, 24/7.

Mental Health, Privacy Rights, and Medical Records

An often-overlooked issue is how medical and mental health records are protected—or disclosed—in the military. Under the Health Insurance Portability and Accountability Act, treatment records are private, but HIPAA applies differently within the military than in the civilian world. DoD and Army policies permit limited disclosures to commanders if the information is necessary for mission safety.

It is also important to understand the distinction between treatment records and communications during therapy. While private conversations with a psychotherapist may be protected in court by evidentiary rules, treatment records themselves, including diagnoses, prescriptions, and appointment dates, are often administrative documents that can be accessed in certain proceedings. For example, they may be reviewed during a Line of Duty investigation or as part of a Medical Evaluation Board.

Families should also be aware that in custody disputes in Texas courts, a parent’s mental health records may be requested if directly relevant to the child’s best interests. Texas law allows judges to review mental health evidence in family law cases when parenting or safety is at issue. Spouses should consult with an attorney before voluntarily disclosing records in a divorce or custody case.

Helpful resources for privacy and records questions:

Fort Bliss Patient Administration Division assists with medical records requests.
Army Privacy Office provides guidance on HIPAA and Privacy Act rights.
Fort Bliss Legal Assistance Office can advise on how records may be used in administrative or legal proceedings.

Security Clearances and Mental Health

Fear of losing a security clearance often prevents Soldiers from seeking care. In reality, the Department of War considers proactive mental health treatment to be a sign of responsibility, not weakness. Under the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, mental health is evaluated holistically. The question is not whether a Soldier has ever seen a counselor, but whether the condition is managed in a way that protects reliability, judgment, and trustworthiness.

For example, a Soldier who seeks counseling for stress and follows treatment recommendations is likely to be viewed more favorably than one who hides symptoms, ignores treatment, or self-medicates with alcohol. Clearance adjudicators consider treatment a mitigating factor, and Soldiers always have the right to respond if questions about mental health arise in their clearance process.

If a Soldier is ever notified of a potential clearance denial or revocation related to mental health, they have the right to review the evidence, respond in writing, and appeal. The Fort Bliss LAO can help prepare these responses.

Helpful resources for clearance issues:

Unit Security Manager – Every unit has a designated Security Manager or S2 (for battalion/brigade-level units) who handles clearance paperwork, investigations, and status checks.
Defense Counterintelligence and Security Agency publishes guidance on mental health and clearance adjudications.
Fort Bliss Legal Assistance Office assists with responding to clearance concerns.

Fitness for Duty and Administrative Actions

Mental health issues may sometimes impact a Soldier’s ability to perform duties safely, particularly in combat arms, aviation, or leadership roles. When this occurs, providers may recommend a temporary or permanent medical profile under Army Regulation 40-501. Profiles are intended to protect the Soldier and the unit, not to punish.

If limitations last longer than expected, a MEB may be initiated. While the MEB is primarily medical, it has legal implications. Soldiers are entitled to notice, to review their file, and to appeal determinations. Commanders may also recommend administrative separation if mental health limits duty performance, but Soldiers are entitled to due process, including written notice, the opportunity to consult with counsel, and the ability to respond to the proposed action.

From a legal standpoint, Soldiers should remember that profiles and evaluations are structured, regulated processes—not automatic career-enders. The LAO can review documentation, explain rights, and assist with appeals when needed.

Helpful resources for duty limitations:

Primary Care Manager / Behavioral Health Provider – The first point of contact for obtaining or updating a temporary or permanent profile under AR 40-501. Soldiers should always start here when seeking clarification on medical restrictions.
Fort Bliss Soldier Readiness Processing Center – Handles deployability and readiness status. Soldiers with new or updated duty limitations often process through the SRP to update medical readiness.
Physical Evaluation Board Liaison Officer Office – For Soldiers referred to a MEB due to long-term conditions, including mental health. PEBLOs explain the process, timelines, and Soldier rights.
Army Physical Disability Agency – Provides policy, regulations, and appeal procedures for Soldiers undergoing MEB/PEB proceedings.

Family Law and Domestic Violence

Mental health concerns sometimes intersect with family stress or domestic violence. The Army’s Family Advocacy Program, located under Army Community Service at Fort Bliss, provides prevention, reporting, and support services. Victims of domestic violence may choose between restricted reporting, which keeps the matter confidential while still providing support, and unrestricted reporting, which triggers command and law enforcement involvement but also ensures protective measures such as Military Protective Orders.

Spouses should be aware that family law in Texas also provides for civilian protective orders, which are enforceable by civilian courts and law enforcement agencies. Legal Assistance attorneys can help victims understand how MPOs and CPOs can work together to provide layers of protection. Additionally, in divorce or custody disputes, mental health evidence may come into play. Judges in Texas must consider the “best interests of the child,” which may include reviewing parental fitness and mental health. Soldiers and spouses should obtain legal advice before allowing their records to be used in court.

Helpful resources for families:

Fort Bliss Family Advocacy Program (ACS, Building 2494 Ricker Road) – prevention and victim advocacy services.
National Domestic Violence Hotline: 1-800-799-7233 – 24/7 confidential support.
Fort Bliss Legal Assistance Office – family law advice and safety planning support.

Substance Use and Line of Duty Determinations

Substance use is closely tied to mental health, and it carries serious legal implications. Alcohol-related incidents may lead to command counseling, rehabilitation enrollment, or administrative separation. When an injury or illness occurs in connection with substance use, a Line of Duty investigation may be required.

LOD findings matter because they determine eligibility for benefits. A finding of “in line of duty” preserves access to medical care, disability compensation, and continuation of pay. A finding of “not in line of duty,” often due to misconduct such as intoxication or drug use, can result in the loss of benefits.

The LOD process is not automatic or arbitrary. Soldiers may submit statements, witnesses may be interviewed, and evidence is reviewed before a determination is made. Legal Assistance attorneys can help Soldiers prepare their cases, especially when a negative finding may jeopardize long-term medical and financial security.

Helpful resources for substance use concerns:

Army Substance Abuse Program, Fort Bliss – education, counseling, and rehabilitation services.
Emergence Health Network (El Paso) – 24/7 crisis and substance use treatment services.
Fort Bliss Legal Assistance Office – guidance on LOD investigations and benefit protections.

Legal Preventative Planning for Families

Mental health crises may require hospitalization or intensive treatment, leaving families vulnerable if legal planning has not been completed. Soldiers should ensure they have up-to-date powers of attorney, wills, and family care plans. These tools allow spouses or trusted individuals to manage finances, make decisions, and provide for children if the Soldier becomes unavailable due to medical reasons.

In addition, federal protections such as the Servicemembers Civil Relief Act can safeguard Soldiers and families from foreclosure, eviction, or default judgments when a service member cannot participate in civil proceedings due to service or hospitalization. Legal Assistance attorneys can also help victims of domestic violence obtain protective orders and understand how those orders interact with housing rights, financial obligations, and custody matters.

The best legal protection is preparation. By setting up these safeguards before a crisis, Soldiers and families can focus on recovery without worrying about financial or legal complications.

Helpful resources for legal planning:

Fort Bliss Legal Assistance Office (Building 1741, Marshall Road) – free legal help for Soldiers and families.
Army Community Service – assistance with Family Care Plans and financial readiness.

Mental health challenges affect more than just medical well-being. They have legal implications for confidentiality, command notification, medical records and privacy rights, security clearances, fitness for duty, family law, and benefits eligibility. Service members and families who understand these rules are better prepared to seek care confidently, protect their rights, and prevent problems before they escalate.

The Fort Bliss Legal Assistance Office is committed to helping Soldiers and families navigate these issues. Seeking help is a sign of strength, and knowing your legal rights ensures that care strengthens rather than undermines your readiness, your family, and your future.

To speak with an attorney in the Fort Bliss Legal Assistance Office on this or any other topic, please schedule an appointment by emailing usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil any time, or calling (915) 568-7141 during LAO business hours.