II 

115TH CONGRESS 

1ST SESSION S. 1543 

To amend title 10, United States Code, to improve protections for a member 

of the Armed Forces who is a survivor of a sexual assault during 

military service regarding the separation, or the characterization of any 

separation, of the member from the Armed Forces, to make additional 

changes to the authorities and procedures of boards for the correction 

of military records and discharge review boards, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2017 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to improve protections for a member of the Armed Forces who is a survivor of a sexual assault during military service regarding 

the separation, or the characterization of any separation, 

of the member from the Armed Forces, to make additional changes to the authorities and procedures of 

boards for the correction of military records and discharge review boards, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Protecting Military Honor Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Confidential review of characterization of terms of discharge of members 

who are survivors of sexual assault. 

Sec. 3. Authority for discharge review boards to refer certain applications for 

relief to the Physical Disability Board of Review. 

Sec. 4. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when 

the claims involve sexual assault. 

Sec. 5. Training requirements. 

Sec. 6. Other improvements to authorities and procedures for the correction of 

military records. 

Sec. 7. Burdens of proof applicable to investigations and reviews related to protected communications of members of the Armed Forces and 

prohibited retaliatory actions. 

Sec. 8. Administrative separation protections for members of the Armed Forces 

who are survivors of sexual assault. 

Sec. 9. Department of Defense working group on administrative review boards. 

6 SEC. 2. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF 

7 TERMS OF DISCHARGE OF MEMBERS WHO 

8 ARE SURVIVORS OF SEXUAL ASSAULT. 

9 (a) CODIFICATION OF CURRENT CONFIDENTIAL

10 PROCESS.— 

11 (1) CODIFICATION.—Chapter 79 of title 10, 

12 United States Code, is amended by inserting after 

13 section 1554a a new section 1554b consisting of— 

14 (A) a heading as follows: 

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1 ‘‘§ 1554b. Confidential review of characterization of 

2 terms of discharge of members of the 

3 armed forces who are survivors of sexual 

4 assault’’; 

5 and 

6 (B) a text consisting of the text of section 

7 547 of the Carl Levin and Howard P. ‘‘Buck’’ 

8 McKeon National Defense Authorization Act 

9 for Fiscal Year 2015 (Public Law 113–291; 

10 128 Stat. 3375; 10 U.S.C. 1553 note). 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 79 of such title is 

13 amended by inserting after the item relating to sec14 tion 1554a the following new item: 

‘‘1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are survivors of sexual assault.’’. 

15 (3) CONFORMING REPEAL.—Section 547 of the 

16 Carl Levin and Howard P. ‘‘Buck’’ McKeon Na17 tional Defense Authorization Act for Fiscal Year 

18 2015 is repealed. 

19 (b) TERMINOLOGY.—Section 1554b of title 10, 

20 United States Code, as added by subsection (a) of this 

21 section, is amended— 

22 (1) in subsection (a), by striking ‘‘victim’’ each 

23 place it appears and inserting ‘‘survivor’’; and 

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1 (2) by striking ‘‘sex-related’’ each place it ap2 pears and inserting ‘‘sexual assault’’. 

3 (c) CLARIFICATION OF APPLICABILITY TO INDIVID4 UALS WHO ALLEGE THEY WERE A SURVIVOR OF SEXUAL

5 ASSAULT DURING MILITARY SERVICE.—Subsection (a) of 

6 such section 1554b, as so added, is further amended by 

7 inserting after ‘‘sexual assault offense’’ the following: ‘‘, 

8 or alleges that the individual was the survivor of a sexual 

9 assault offense,’’. 

10 (d) ADDITIONAL REQUIREMENTS FOR CONSIDER11 ATION OF EVIDENCE.—Subsection (b) of such section 

12 1554b, as so added, is amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (1); 

15 (2) by striking the period at the end of para16 graph (2) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) to give liberal consideration to all available 

20 evidence that a sexual assault occurred, including 

21 evidence from sources other than records of the 

22 armed force concerned that may corroborate the in23 dividual’s account of the sexual assault (including 

24 evidence of changes in the individual’s behavior after 

25 the offense and other circumstantial evidence that 

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1 may corroborate the individual’s account of the sex2 ual assault).’’. 

3 (e) MEDICAL ADVISORY OPINIONS IN CONNECTION

4 WITH SURVIVORS OF SEXUAL ASSAULT.—Such section 

5 1554b, as so added, is further amended— 

6 (1) by redesignating subsection (d) as sub7 section (e); and 

8 (2) by inserting after subsection (c) the fol9 lowing new subsection (d): 

10 ‘‘(d) MEDICAL ADVISORY OPINIONS.—Any medical 

11 advisory opinion issued to a board established in accord12 ance with this chapter in the case of a review carried out 

13 in accordance with the process established under this sec14 tion shall include the opinion of a psychiatrist or psycholo15 gist with training in sexual trauma cases.’’. 

16 (f) CONFORMING AMENDMENTS.—Such section 

17 1554b, as so added, is further amended— 

18 (1) by striking ‘‘Armed Forces’’ each place it 

19 appears in subsections (a) and (b) and inserting 

20 ‘‘armed forces’’; 

21 (2) in subsection (a)— 

22 (A) by striking ‘‘boards for the correction 

23 of military records of the military department 

24 concerned’’ and inserting ‘‘boards of the milimstockstill on DSK30JT082PROD with BILLS

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1 tary department concerned established in ac2 cordance with this chapter’’; and 

3 (B) by striking ‘‘such an offense’’ and in4 serting ‘‘a sexual-assault offense’’; 

5 (3) in subsection (b), by striking ‘‘boards for 

6 the correction of military records’’ and inserting 

7 ‘‘boards of the military department concerned estab8 lished in accordance with this chapter’’; and 

9 (4) in subsection (e), as redesignated by sub10 section (e)(1) of this section— 

11 (A) in the subsection heading, by striking 

12 ‘‘SEX-RELATED’’ and inserting ‘‘SEXUAL AS13 SAULT’’; 

14 (B) in paragraph (1), by striking ‘‘title 10, 

15 United States Code’’ and inserting ‘‘this title’’; 

16 and 

17 (C) in paragraphs (2) and (3), by striking 

18 ‘‘such title’’ and inserting ‘‘this title’’. 

19 SEC. 3. AUTHORITY FOR DISCHARGE REVIEW BOARDS TO 

20 REFER CERTAIN APPLICATIONS FOR RELIEF 

21 TO THE PHYSICAL DISABILITY BOARD OF RE22 VIEW. 

23 (a) AUTHORITY FOR DISCHARGE REVIEW BOARDS

24 TO REFER FOR DISABILITY REVIEW.— 

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1 (1) AUTHORITY.—Subsection (b) of section 

2 1553 of title 10, United States Code, is amended to 

3 read as follows: 

4 ‘‘(b)(1) To reflect its findings, a board established 

5 under this section may— 

6 ‘‘(A) change a discharge or dismissal; 

7 ‘‘(B) issue a new discharge; or 

8 ‘‘(C) in the case of a former member whose ap9 plication for relief is based in whole or in part on 

10 matters relating to a sexual assault, post-traumatic 

11 stress disorder, or traumatic brain injury, refer the 

12 application for relief to the Physical Disability 

13 Board of Review established under section 1554a of 

14 this title for review under such section. 

15 ‘‘(2) Any action of the board under this subsection 

16 is subject to review by the Secretary concerned.’’. 

17 (b) TREATMENT OF REFERRAL.—Section 1554a of 

18 title 10, United States Code, is amended— 

19 (1) by redesignating subsection (f) as sub20 section (g); and 

21 (2) by inserting after subsection (e) the fol22 lowing new subsection (f): 

23 ‘‘(f) REFERRALS FROM DISCHARGE REVIEW

24 BOARD.—(1) Except as provided in paragraph (2), a re25 ferral for review pursuant to section 1553(b)(1)(C) of this 

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1 title shall be treated as a request for review by a covered 

2 individual for purposes of this section. 

3 ‘‘(2) In the case of a referral for review pursuant to 

4 section 1553(b)(1)(C) of this title— 

5 ‘‘(A) a previous disability determination by a 

6 Physical Evaluation Board shall not be required; 

7 and 

8 ‘‘(B) subsection (c)(4) shall not apply.’’. 

9 SEC. 4. PUBLIC AVAILABILITY OF INFORMATION RELATED 

10 TO DISPOSITION OF CLAIMS REGARDING DIS11 CHARGE OR RELEASE OF MEMBERS OF THE 

12 ARMED FORCES WHEN THE CLAIMS INVOLVE 

13 SEXUAL ASSAULT. 

14 (a) BOARDS FOR THE CORRECTION OF MILITARY

15 RECORDS.—Section 1552(h) of title 10, United States 

16 Code, as added by section 533(a) of the National Defense 

17 Authorization Act for Fiscal Year 2017 (Public Law 114– 

18 328), is amended by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) The number and disposition of claims de21 cided during the calendar quarter preceding the cal22 endar quarter in which such information is made 

23 available in which sexual assault is alleged to have 

24 contributed, whether in whole or in part, to the 

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1 original characterization of the discharge or release 

2 of the claimant.’’. 

3 (b) DISCHARGE REVIEW BOARDS.—Section 1553(f) 

4 of title 10, United States Code, as added by section 533(b) 

5 of the National Defense Authorization Act for Fiscal Year 

6 2017, is amended by adding at the end the following new 

7 paragraph: 

8 ‘‘(4) The number and disposition of claims de9 cided during the calendar quarter preceding the cal10 endar quarter in which such information is made 

11 available in which sexual assault is alleged to have 

12 contributed, whether in whole or in part, to the 

13 original characterization of the discharge or release 

14 of the claimant.’’. 

15 SEC. 5. TRAINING REQUIREMENTS. 

16 (a) MEMBERS OF BOARDS FOR THE CORRECTION OF

17 MILITARY RECORDS.—Section 534(c)(1) of the National 

18 Defense Authorization Act for Fiscal Year 2017 (Public 

19 Law 114–328; 10 U.S.C. 1552 note) is amended by add20 ing at the end the following new sentence: ‘‘This cur21 riculum shall also address the proper handling of claims 

22 in which sexual assault is alleged to have contributed to 

23 the original characterization of the discharge or release 

24 of the claimant, including guidelines for the consideration 

25 of evidence substantiating such allegations in accordance 

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1 with the requirements of section 1554b(b)(3) of title 10, 

2 United States Code.’’. 

3 (b) DEPARTMENT OF DEFENSE PERSONNEL WHO

4 INVESTIGATE CLAIMS OF RETALIATION.—Section 546(a) 

5 of the National Defense Authorization Act for Fiscal Year 

6 2017 is amended by striking ‘‘section.’’ and inserting ‘‘sec7 tion, including guidelines for the consideration of evidence 

8 substantiating such allegations in accordance with the re9 quirements of section 1554b(b)(3) of title 10, United 

10 States Code.’’. 

11 SEC. 6. OTHER IMPROVEMENTS TO AUTHORITIES AND PRO12 CEDURES FOR THE CORRECTION OF MILI13 TARY RECORDS. 

14 (a) BOARDS FOR THE CORRECTION OF MILITARY

15 RECORDS.— 

16 (1) USE OF SECRETARIAL AUTHORITY TO COR17 RECT MILITARY RECORDS.—Section 1552(a)(1) of 

18 title 10, United States Code, is amended by striking 

19 ‘‘may’’ both places it appears and inserting ‘‘shall’’. 

20 (2) INDEXING OF PUBLISHED DECISIONS.— 

21 Paragraph (5) of section 1552(a) of title 10, United 

22 States Code, is amended to read as follows: 

23 ‘‘(5) Each final decision of a board under this sub24 section shall be made available to the public in electronic 

25 form on a centralized Internet website. The information 

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1 provided shall include a summary of each decision, to be 

2 indexed by subject matter, except that the Secretary shall 

3 protect the privacy of claimants by redacting all personally 

4 identifiable information.’’. 

5 (b) DISCHARGE REVIEW BOARDS.— 

6 (1) REPEAL OF 15-YEAR STATUTE OF LIMITA7 TIONS ON MOTIONS OR REQUESTS FOR REVIEW.— 

8 Section 1553(a) of title 10, United States Code, is 

9 amended by striking the second sentence. 

10 (2) TELEPHONIC PRESENTATION OF EVI11 DENCE.—Section 1553(c) of title 10, United States 

12 Code, is amended in the second sentence by striking 

13 ‘‘or by affidavit’’ and inserting ‘‘, by affidavit, or by 

14 telephone or video conference’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on October 1, 2018. 

17 SEC. 7. BURDENS OF PROOF APPLICABLE TO INVESTIGA18 TIONS AND REVIEWS RELATED TO PRO19 TECTED COMMUNICATIONS OF MEMBERS OF 

20 THE ARMED FORCES AND PROHIBITED RE21 TALIATORY ACTIONS. 

22 (a) IN GENERAL.—Section 1034 of title 10, United 

23 States Code, is amended— 

24 (1) by redesignating subsections (i) and (j) as 

25 subsections (j) and (k), respectively; and 

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1 (2) by inserting after subsection (h) the fol2 lowing new subsection (i): 

3 ‘‘(i)(1) For purposes of this section, there is sufficient 

4 basis to conclude that a personnel action prohibited by 

5 subsection (b) has occurred if the communication made 

6 by the member or former member was a contributing fac7 tor in the personnel action that was taken, or is to be 

8 taken, against the member or former member unless there 

9 is clear and convincing evidence that the same personnel 

10 action would have been taken in the absence of the com11 munication. 

12 ‘‘(2) A member or former member may demonstrate 

13 that the communication was a contributing factor in the 

14 personnel action through circumstantial evidence, such as 

15 evidence that— 

16 ‘‘(A) the official taking the personnel action 

17 knew of the communication; and 

18 ‘‘(B) the personnel action occurred within a pe19 riod of time such that a reasonable person could 

20 conclude that the communication was a contributing 

21 factor in the personnel action.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall take effect on the date that is 30 days 

24 after the date of the enactment of this Act, and shall apply 

25 with respect to allegations pending or submitted under 

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1 section 1034 of title 10, United States Code, on or after 

2 that date. 

3 SEC. 8. ADMINISTRATIVE SEPARATION PROTECTIONS FOR 

4 MEMBERS OF THE ARMED FORCES WHO ARE 

5 SURVIVORS OF SEXUAL ASSAULT. 

6 (a) COVERED MEMBER DEFINED.—In this section, 

7 the term ‘‘covered member’’ means a member of the 

8 Armed Forces who is diagnosed with a mental health con9 dition related to a sexual assault that occurred during the 

10 member’s service in the Armed Forces. 

11 (b) LIMITATIONS ON SEPARATION FOR A MENTAL

12 DISORDER NOT CONSTITUTING A PHYSICAL DIS13 ABILITY.— 

14 (1) REVIEW OF DIAGNOSIS.—A covered member 

15 shall not be separated on the basis of a personality 

16 disorder or other mental disorder not constituting a 

17 physical disability, unless the diagnosis of such dis18 order has been— 

19 (A) corroborated by a peer or higher-level 

20 mental health professional; and 

21 (B) endorsed by the Surgeon General of 

22 the military department concerned. 

23 (2) CO-MORBID PTSD DIAGNOSIS.—Unless 

24 found fit for duty by the disability evaluation sys25 tem, a covered member shall not be separated on the 

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1 basis of a personality disorder or other mental dis2 order not constituting a physical disability if service3 related post-traumatic stress disorder is also diag4 nosed. 

5 (c) EFFECTIVE DATE.—This section shall take effect 

6 180 days after the date of the enactment of this Act. 

7 SEC. 9. DEPARTMENT OF DEFENSE WORKING GROUP ON 

8 ADMINISTRATIVE REVIEW BOARDS. 

9 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

10 of Defense shall establish a Department of Defense work11 ing group for the purpose of identifying and making rec12 ommendations to the Secretary on best practices and pro13 cedures to be used by boards for the correction of military 

14 records and discharge review boards in carrying out their 

15 responsibilities under chapter 79 of title 10, United States 

16 Code, and in granting relief to claimants under that chap17 ter. 

18 (b) CONSULTATION.—In carrying out the responsibil19 ities of the working group, members of the group shall 

20 consult, as appropriate, with civilian practitioners of mili21 tary law and representatives of organizations that have ex22 perience in cases before boards for the correction of mili23 tary records and discharge review boards. 

24 (c) REPORTS.— 

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1 (1) INITIAL REPORT.—Not later than 180 days 

2 after the date of the establishment of the working 

3 group, the Secretary shall submit to the Committees 

4 on Armed Services of the Senate and the House of 

5 Representatives a report containing the findings and 

6 recommendations of the working group. 

7 (2) SUBSEQUENT REPORT.— 

8 (A) IN GENERAL.—Not later than two 

9 years after the date of the establishment of the 

10 working group, the Secretary shall submit to 

11 the committees of Congress referred to in sub12 paragraph (B) a report containing an evalua13 tion conducted by the working group of all the 

14 recommendations of the working group that 

15 have been or are being implemented by boards 

16 for the correction of military records and dis17 charge review boards of the military depart18 ments, including the results of the implementa19 tion of such recommendations. 

20 (B) COMMITTEES OF CONGRESS.—The 

21 committees of Congress referred to in this sub22 paragraph are— 

23 (i) the Committee on Armed Services 

24 and the Committee on Veterans’ Affairs of 

25 the Senate; and 

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1 (ii) the Committee on Armed Services 

2 and the Committee on Veterans’ Affairs of 

3 the House of Representatives. 

Æ 

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