II 

114TH CONGRESS 

1ST SESSION S. 1130 

To amend title 10, United States Code, to improve procedures for legal 

justice for members of the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2015 

Mrs. BOXER (for herself, Mr. WYDEN, and Mr. MARKEY) 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 procedures for legal justice for members of the Armed Forces, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legal Justice for 

5 Servicemembers Act of 2015’’. 

6 SEC. 2. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION 

7 PROCEDURES. 

8 (a) MODIFICATION OF ACTIONS TREATABLE AS PRO9 HIBITED PERSONNEL ACTIONS.—Paragraph (2) of submstockstill on DSK4VPTVN1PROD with BILLS

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1 section (b) of section 1034 of title 10, United States Code, 

2 is amended to read as follows: 

3 ‘‘(2) The following actions shall be considered for the 

4 purposes of this section to be a personnel action prohibited 

5 by this subsection: 

6 ‘‘(A) Any action prohibited by paragraph (1) 

7 (including the threat to take any unfavorable action, 

8 the withholding or threat to withhold any favorable 

9 action, making or threatening to make a significant 

10 change in the duties or responsibilities of a member 

11 of the armed forces not commensurate with the 

12 member’s grade, a retaliatory investigation, and the 

13 failure of a superior to respond to retaliatory action 

14 or harassment by one or more subordinates taken 

15 against a member of which the superior knew or 

16 should have known). 

17 ‘‘(B) Any other action that could be reasonably 

18 understood as an attempt to dissuade a member of 

19 the armed forces from making or preparing a com20 munication, or participating in any other activity, 

21 described in paragraph (1).’’. 

22 (b) OPTION OF MEMBER CONCERNED TO DECLINE

23 DELEGATION OF INVESTIGATION BY DOD IG TO MILI24 TARY DEPARTMENT IG.—Subparagraph (D) of subsection 

25 (c)(4) of such section is amended in the second sentence 

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1 by inserting before the period the following: ‘‘unless the 

2 member submitting the allegation declines the delegation’’. 

3 (c) TEMPORARY STAY OF PERSONNEL ACTIONS.— 

4 Subsection (c)(4) of such section is further amended— 

5 (1) by redesignating subparagraph (E) as sub6 paragraph (F); and 

7 (2) by inserting after subparagraph (D) the fol8 lowing new subparagraph (E): 

9 ‘‘(E)(i) If the Inspector General makes a preliminary 

10 determination in an investigation under subparagraph (D) 

11 that there are reasonable grounds to believe that a per12 sonnel action prohibited by subsection (b) has occurred 

13 and the personnel action will result in an immediate hard14 ship to the member alleging the personnel action, the In15 spector General may impose a stay of the personnel action 

16 of not more than 90 days in order to prevent undue hard17 ship to the member. 

18 ‘‘(ii) If the Inspector General has not completed the 

19 investigation described in clause (i) upon the expiration 

20 of the stay of the personnel action with respect to a mem21 ber imposed by the Inspector General under that clause, 

22 the Secretary of the military department concerned or the 

23 Secretary of Homeland Security, as applicable, may con24 tinue the stay of the personnel action with respect to the 

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1 member for such additional time as is required for the 

2 completion of the investigation by the Inspector General.’’. 

3 (d) PERIODIC NOTICE TO MEMBERS ON PROGRESS

4 OF IG INVESTIGATIONS.—Paragraph (3) of subsection (e) 

5 of such section is amended to read as follows: 

6 ‘‘(3)(A) Not later than 180 days after the commence7 ment of an investigation of an allegation under subsection 

8 (c)(4), and every 90 days thereafter until the transmission 

9 of the report on the investigation under paragraph (1) to 

10 the member concerned, the Inspector General conducting 

11 the investigation shall submit a notice on the investigation 

12 described in subparagraph (B) to the following: 

13 ‘‘(i) The member. 

14 ‘‘(ii) The Secretary of Defense. 

15 ‘‘(iii) The Secretary of the military department 

16 concerned, or the Secretary of Homeland Security in 

17 the case of a member of the Coast Guard when the 

18 Coast Guard is not operating as a service in the 

19 Navy. 

20 ‘‘(B) Each notice on an investigation under subpara21 graph (A) shall include the following: 

22 ‘‘(i) A description of the current progress of the 

23 investigation, including the number of witnesses 

24 interviewed and the number of documents reviewed. 

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1 ‘‘(ii) An estimate of the time remaining until 

2 the completion of the investigation and the trans3 mittal of the report required by paragraph (1) to the 

4 member concerned.’’. 

5 (e) IG RECOMMENDATIONS REGARDING DISPOSITION

6 OF COMPLAINTS.—Paragraph (4) of subsection (e) of such 

7 section is amended to read as follows: 

8 ‘‘(4) The report on the results of the investigation 

9 shall contain the following: 

10 ‘‘(A) A thorough review of the facts and cir11 cumstances relevant to the allegation and the com12 plaint or disclosure. 

13 ‘‘(B) The documents acquired during the course 

14 of the investigation, including summaries of inter15 views conducted. 

16 ‘‘(C) A recommendation as to the disposition of 

17 the complaint. 

18 ‘‘(D) Recommendations, made in consultation 

19 with the appropriate Judge Advocate General, for 

20 disciplinary actions against the person who com21 mitted the prohibited personnel action, against a su22 perior who failed to address such action of which the 

23 superior knew or should have known, or both.’’. 

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1 (f) ACTIONS IN CASE OF VIOLATIONS.—Subpara2 graph (B) of subsection (f)(3) of such section is amended 

3 to read as follows: 

4 ‘‘(B) refer the report to the appropriate board 

5 for the correction of military records for further re6 view under subsection (g) unless the member or 

7 former member requests, in writing, during the 30- 

8 day period beginning on the date of the making of 

9 the determination, that the report not be so re10 ferred.’’. 

11 (g) CORRECTION OF RECORDS.—Subsection (g) of 

12 such section is amended— 

13 (1) by redesignating paragraphs (3) through 

14 (6) as paragraphs (4) through (7), respectively; 

15 (2) by striking paragraph (2) and inserting the 

16 following new paragraphs (2) and (3): 

17 ‘‘(2) In resolving an application described in para18 graph (1) for which there is a report of the Inspector Gen19 eral under subsection (e)(1), a correction board— 

20 ‘‘(A) shall review the report of the Inspector 

21 General; 

22 ‘‘(B) may request the Inspector General to 

23 gather further evidence; 

24 ‘‘(C) may receive oral argument, examine and 

25 cross-examine witnesses, and take depositions; and 

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1 ‘‘(D) if requested by the member or former 

2 member, in writing, shall hold an evidentiary hear3 ing. 

4 ‘‘(3) In resolving an application described in para5 graph (1) for which there is no final action of the Inspec6 tor General within 365 days after the claimant submits 

7 an application to the Inspector General, the correction 

8 board— 

9 ‘‘(A) may receive oral argument, examine and 

10 cross-examine witnesses, and take depositions; and 

11 ‘‘(B) if requested by the member or former 

12 member, in writing, shall hold an evidentiary hear13 ing.’’; and 

14 (3) in paragraph (7), as redesignated by para15 graph (1) of this subsection, by inserting before the 

16 period at the end the following: ‘‘, against a superior 

17 who failed to address such action of which the supe18 rior knew or should have known, or both’’. 

19 (h) BURDENS OF PROOF.—Such section is further 

20 amended— 

21 (1) by redesignating subsections (h), (i), and (j) 

22 as subsections (i), (j), and (k), respectively; and 

23 (2) by inserting after subsection (g) the fol24 lowing new subsection (h): 

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1 ‘‘(h) BURDENS OF PROOF.—The burdens of proof 

2 specified in section 1221(e) of title 5 shall apply in any 

3 investigation conducted by an Inspector General, in any 

4 board for the correction of military records, and in any 

5 review conducted by the Secretary of Defense and the Sec6 retary of Homeland Security, under this section.’’. 

7 (i) CONFORMING AMENDMENT.—Subsection 

8 (b)(1)(B)(ii) of such section is amended by striking ‘‘sub9 section (i)’’ and inserting ‘‘subsection (k)’’. 

10 (j) UNIFORM STANDARDS FOR IG INVESTIGATIONS

11 OF PROHIBITED PERSONNEL ACTIONS AND OTHER MAT12 TERS.— 

13 (1) IN GENERAL.—Not later than one year 

14 after the date of the enactment of this Act, the In15 spector General of the Department of Defense shall 

16 prescribe uniform standards for the following: 

17 (A) The investigation of allegations of pro18 hibited personnel actions under section 1034 of 

19 title 10, United States Code (as amended by 

20 this section), by the Inspector General, the In21 spectors General of the military departments, 

22 and the Inspector General of the Department of 

23 Homeland Security. 

24 (B) The training of the staffs of the In25 spectors General referred to in subparagraph 

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1 (A) on the conduct of investigations described 

2 in that subparagraph. 

3 (2) USE.—Commencing 180 days after pre4 scription of the standards required by paragraph 

5 (1), the Inspectors General referred to in that para6 graph shall comply with such standards in the con7 duct of investigations described in that paragraph 

8 and in the training of the staffs of such Inspectors 

9 General in the conduct of such investigations. 

10 SEC. 3. IMPROVEMENTS TO AUTHORITIES AND PROCE11 DURES FOR THE CORRECTION OF MILITARY 

12 RECORDS. 

13 (a) REQUIREMENT FOR CORRECTION OF MILITARY

14 RECORDS.—Paragraph (1) of subsection (a) of section 

15 1552 of title 10, United States Code, is amended in the 

16 first sentence by striking ‘‘may correct’’ and inserting 

17 ‘‘shall correct’’. 

18 (b) AJS AS PRESIDING OFFICERS AT MEETINGS OF

19 BOARDS FOR CORRECTION OF MILITARY RECORDS.— 

20 Such subsection is further amended— 

21 (1) by redesignating paragraphs (3) and (4) as 

22 paragraphs (5) and (8), respectively; and 

23 (2) by inserting after paragraph (2) the fol24 lowing new paragraph (3): 

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1 ‘‘(3) Each meeting of a board under this subsection, 

2 including any evidentiary hearing under paragraph (6), 

3 shall, to the extent practicable, have as its presiding officer 

4 an administrative judge serving on a part-time basis for 

5 that purpose under a contract with the Secretary con6 cerned for that purpose.’’. 

7 (c) QUALIFICATIONS AND TERMS OF SERVICE ON

8 BOARDS.— 

9 (1) IN GENERAL.—Such subsection is further 

10 amended by inserting after paragraph (3), as in11 serted by subsection (b)(2) of this section, the fol12 lowing new paragraph (4): 

13 ‘‘(4)(A) The members of each board under this sub14 section shall be individuals who, by demonstrated ability, 

15 background, training, or experience are especially qualified 

16 to carry out the functions of a board under this section. 

17 No member of a board may hold another office or position 

18 in the Federal Government except as otherwise provided 

19 by law. 

20 ‘‘(B) The term of service of an individual on a board 

21 may not exceed five years.’’. 

22 (2) APPLICATION OF TERM OF SERVICE LIMITA23 TION TO MEMBERS SERVING ON DATE OF ENACT24 MENT.—For purposes of the application of para25 graph (4)(B) of subsection (a) of section 1552 of 

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1 title 10, United States Code (as amended by para2 graph (1) of this subsection), to individuals serving 

3 on boards for the correction of military records as 

4 of the date of the enactment of this Act, the term 

5 of service of such individuals on such boards shall be 

6 deemed to have commenced on the date of the enact7 ment of this Act. 

8 (d) PROCEDURES OF BOARDS.—Paragraph (5) of 

9 such subsection, as redesignated by subsection (b)(1) of 

10 this section, is further amended— 

11 (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and 

12 (2) by adding at the end the following new sub13 paragraphs: 

14 ‘‘(B) If a board makes a preliminary determination 

15 that a claim under this section lacks sufficient information 

16 or documents to support the claim, the board shall notify 

17 the claimant, in writing, indicating the specific informa18 tion or documents necessary to make the claim complete 

19 and reviewable by the board. 

20 ‘‘(C) If a claimant is unable to provide military per21 sonnel or medical records applicable to a claim under this 

22 section, the board shall make reasonable efforts to obtain 

23 the records. A claimant shall provide the board with docu24 mentary evidence of the efforts of the claimant to obtain 

25 such records. The board shall inform the claimant of the 

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1 results of the board’s efforts, and shall provide the claim2 ant copies of any records so obtained upon request of the 

3 claimant. 

4 ‘‘(D) Any request for reconsideration of a determina5 tion of a board under this section, no matter when filed, 

6 shall be reconsidered by a board under this section if sup7 ported by materials not previously presented to or consid8 ered by the board in making such determination.’’. 

9 (e) EVIDENTIARY HEARINGS ON CERTAIN CLAIMS.— 

10 Such subsection is further amended by inserting after 

11 paragraph (5), as redesignated by subsection (b)(1) of this 

12 section and amended by subsection (d) of this section, the 

13 following new paragraph (6): 

14 ‘‘(6)(A) A board shall hold an evidentiary hearing on 

15 a claim that presents a genuine issue of material fact, if 

16 requested by the claimant. 

17 ‘‘(B) A board holding an evidentiary hearing shall 

18 have broad discretion (as specified in the procedures re19 quired by paragraph (5)) to allow and limit discovery on 

20 matters covered by the hearing in order to expedite the 

21 hearing and action on the claim concerned. 

22 ‘‘(C) A claimant may, at the election and expense of 

23 the claimant, be represented by outside counsel in connec24 tion with an evidentiary hearing.’’. 

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1 (f) FINAL DECISIONS OF BOARDS.—Such subsection 

2 is further amended by inserting after paragraph (6), as 

3 inserted by subsection (e) of this section, the following new 

4 paragraph (7): 

5 ‘‘(7)(A) Each final decision of a board under this sub6 section shall be made available to the public in electronic 

7 form on a centralized Internet website. In any decision so 

8 made available to the public— 

9 ‘‘(i) there shall be redacted all personally identi10 fiable information; but 

11 ‘‘(ii) if the decision relates to or arises from an 

12 investigation under section 1034 of this title, there 

13 shall not be redacted the names and position of such 

14 categories of officers investigated, above the grade of 

15 lieutenant colonel (or commander in the case of the 

16 Navy and the Coast Guard) as the Secretary of De17 fense or the Secretary of Homeland Security, as ap18 plicable, shall prescribe in the procedures under 

19 paragraph (5). 

20 ‘‘(B)(i) Under procedures jointly developed by the 

21 Secretaries of the military departments and the Secretary 

22 of Homeland Security, each final decision of a board shall 

23 be characterized by the board as having precedential value 

24 or non-precedential value for purposes of subsequent deci25 sions of boards under this section. 

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1 ‘‘(ii) For purposes of this subparagraph— 

2 ‘‘(I) a decision having precedential value is any 

3 decision determined by a board in accordance with 

4 the procedures required by clause (i) to add signifi5 cantly to the case law of boards under this section; 

6 and 

7 ‘‘(II) a decision having non-precedential value is 

8 any decision that does not have precedential value. 

9 ‘‘(iii) Any decision having precedential value for pur10 poses of this subparagraph may be cited or referred to 

11 by any party in a claim under this section.’’. 

12 (g) JUDICIAL REVIEW OF DETERMINATIONS OF

13 BOARDS.—Paragraph (8) of such subsection, as redesig14 nated by subsection (b)(1) of this section, is further 

15 amended— 

16 (1) by inserting ‘‘(A)’’ after ‘‘(8)’’; 

17 (2) in subparagraph (A), as so designated, by 

18 inserting ‘‘or subject to review or appeal as de19 scribed in subparagraph (B)’’ after ‘‘Except when 

20 procured by fraud’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(B) A claimant may seek judicial review of a deter24 mination of a board under this section in an appropriate 

25 court of the United States. The scope of judicial review 

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1 under this subparagraph shall be as specified in section 

2 706 of title 5.’’. 

3 (h) TRAINING OF MEMBERS OF BOARDS.— 

4 (1) IN GENERAL.—Not later than one year 

5 after the date of the enactment of this Act, each 

6 Secretary concerned shall develop and implement a 

7 comprehensive training curriculum for members of 

8 boards for the correction of military records under 

9 the jurisdiction of such Secretary in the duties of 

10 such boards under section 1552 of title 10, United 

11 States Code. The curriculum shall address all areas 

12 of administrative law applicable to the duties of such 

13 boards. 

14 (2) UNIFORM CURRICULA.—The Secretary of 

15 Defense and the Secretary of Homeland Security 

16 shall jointly ensure that the curricula developed and 

17 implemented pursuant to this subsection are, to the 

18 extent practicable, uniform. 

19 (3) TRAINING.— 

20 (A) IN GENERAL.—Each member of a 

21 board for the correction of military records 

22 shall undergo retraining (consistent with the 

23 curriculum developed and implemented pursu24 ant to this subsection) regarding the duties of 

25 boards for the correction of military records 

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1 under section 1552 of title 10, United States 

2 Code, at least once during the member’s tenure 

3 on the board. 

4 (B) CURRENT MEMBERS.—Each member 

5 of a board for the correction of military records 

6 as of the date of the implementation of the cur7 riculum required by paragraph (1) (in this 

8 paragraph referred to as the ‘‘curriculum imple9 mentation date’’) the shall undergo training de10 scribed in subparagraph (A) not later than 90 

11 days after the curriculum implementation date. 

12 (C) NEW MEMBERS.—Each individual who 

13 becomes a member of a board for the correction 

14 of military records after the curriculum imple15 mentation date shall undergo training described 

16 in subparagraph (A) by not later than 90 days 

17 after the date on which such individual becomes 

18 a member of the board. 

19 (4) REPORTS.—Not later than 18 months after 

20 the date of the enactment of this Act, each Secretary 

21 concerned shall submit to Congress a report setting 

22 forth the following: 

23 (A) A description and assessment of the 

24 progress made by such Secretary in imple25 menting training requirements for members of 

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1 boards for the correction of military records 

2 under the jurisdiction of such Secretary. 

3 (B) A detailed description of the training 

4 curriculum required of such Secretary by para5 graph (1). 

6 (C) A description and assessment of any 

7 impediments to the implementation of training 

8 requirements for members of boards for the 

9 correction of military records under the juris10 diction of such Secretary. 

11 (5) SECRETARY CONCERNED DEFINED.—In this 

12 subsection, the term ‘‘Secretary concerned’’ means a 

13 ‘‘Secretary concerned’’ as that term is used in sec14 tion 1552 of title 10, United States Code. 

15 SEC. 4. INCLUSIONS OF INSPECTORS GENERAL OF THE 

16 MILITARY DEPARTMENTS AND CERTAIN 

17 OTHER INSPECTORS GENERAL IN COUNCIL 

18 OF THE INSPECTORS GENERAL ON INTEG19 RITY AND EFFICIENCY. 

20 Section 11(b)(1) of the Inspector General Act of 

21 1978 (5 U.S.C. App.) is amended by adding at the end 

22 the following new subparagraph: 

23 ‘‘(J) The Inspectors General of the Army, 

24 the Navy, the Air Force, the Marine Corps, the 

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1 National Guard Bureau, and the Coast 

2 Guard.’’. 

Æ 

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