I 

114TH CONGRESS 

1ST SESSION H. R. 2190 

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 HOUSE OF REPRESENTATIVES 

APRIL 30, 2015 

Ms. SPEIER introduced the following bill; which was referred to the Committee 

on Armed Services, and in addition to the Committee on Oversight and 

Government Reform, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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’’. 


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1 SEC. 2. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION 

2 PROCEDURES. 

3 (a) MODIFICATION OF ACTIONS TREATABLE AS PRO4 HIBITED PERSONNEL ACTIONS.—Paragraph (2) of sub5 section (b) of section 1034 of title 10, United States Code, 

6 is amended to read as follows: 

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

8 purposes of this section to be a personnel action prohibited 

9 by this subsection: 

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

11 (including the threat to take any unfavorable action, 

12 the withholding or threat to withhold any favorable 

13 action, making or threatening to make a significant 

14 change in the duties or responsibilities of a member 

15 of the armed forces not commensurate with the 

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

17 failure of a superior to respond to retaliatory action 

18 or harassment by one or more subordinates taken 

19 against a member of which the superior knew or 

20 should have known). 

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

22 understood as an attempt to dissuade a member of 

23 the armed forces from making or preparing a com24 munication, or participating in any other activity, 

25 described in paragraph (1).’’. 


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1 (b) OPTION OF MEMBER CONCERNED TO DECLINE

2 DELEGATION OF INVESTIGATION BY DOD IG TO MILI3 TARY DEPARTMENT IG.—Subparagraph (D) of subsection 

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

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

6 member submitting the allegation declines the delegation’’. 

7 (c) TEMPORARY STAY OF PERSONNEL ACTIONS.— 

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

9 (1) by redesignating subparagraph (E) as sub10 paragraph (F); and 

11 (2) by inserting after subparagraph (D) the fol12 lowing new subparagraph (E): 

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

14 determination in an investigation under subparagraph (D) 

15 that there are reasonable grounds to believe that a per16 sonnel action prohibited by subsection (b) has occurred 

17 and the personnel action will result in an immediate hard18 ship to the member alleging the personnel action, the In19 spector General may impose a stay of the personnel action 

20 of not more than 90 days in order to prevent undue hard21 ship to the member. 

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

23 investigation described in clause (i) upon the expiration 

24 of the stay of the personnel action with respect to a mem25 ber imposed by the Inspector General under that clause, 


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1 the Secretary of the military department concerned or the 

2 Secretary of Homeland Security, as applicable, may con3 tinue the stay of the personnel action with respect to the 

4 member for such additional time as is required for the 

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

6 (d) PERIODIC NOTICE TO MEMBERS ON PROGRESS

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

8 of such section is amended to read as follows: 

9 ‘‘(3)(A) Not later than 180 days after the commence10 ment of an investigation of an allegation under subsection 

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

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

13 the member concerned, the Inspector General conducting 

14 the investigation shall submit a notice on the investigation 

15 described in subparagraph (B) to the following: 

16 ‘‘(i) The member. 

17 ‘‘(ii) The Secretary of Defense. 

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

19 concerned, or the Secretary of Homeland Security in 

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

21 Coast Guard is not operating as a service in the 

22 Navy. 

23 ‘‘(B) Each notice on an investigation under subpara24 graph (A) shall include the following: 


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

2 investigation, including the number of witnesses 

3 interviewed and the number of documents reviewed. 

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

5 the completion of the investigation and the trans6 mittal of the report required by paragraph (1) to the 

7 member concerned.’’. 

8 (e) IG RECOMMENDATIONS REGARDING DISPOSITION

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

10 section is amended to read as follows: 

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

12 shall contain the following: 

13 ‘‘(A) A thorough review of the facts and cir14 cumstances relevant to the allegation and the com15 plaint or disclosure. 

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

17 of the investigation, including summaries of inter18 views conducted. 

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

20 the complaint. 

21 ‘‘(D) Recommendations, made in consultation 

22 with the appropriate Judge Advocate General, for 

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1 perior who failed to address such action of which the 

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

3 (f) ACTIONS IN CASE OF VIOLATIONS.—Subpara4 graph (B) of subsection (f)(3) of such section is amended 

5 to read as follows: 

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

7 for the correction of military records for further re8 view under subsection (g) unless the member or 

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

10 day period beginning on the date of the making of 

11 the determination, that the report not be so re12 ferred.’’. 

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

14 such section is amended— 

15 (1) by redesignating paragraphs (3) through 

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

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

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

19 ‘‘(2) In resolving an application described in para20 graph (1) for which there is a report of the Inspector Gen21 eral under subsection (e)(1), a correction board— 

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

23 General; 

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

25 gather further evidence; 


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

2 cross-examine witnesses, and take depositions; and 

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

4 member, in writing, shall hold an evidentiary hear5 ing. 

6 ‘‘(3) In resolving an application described in para7 graph (1) for which there is no final action of the Inspec8 tor General within 365 days after the claimant submits 

9 an application to the Inspector General, the correction 

10 board— 

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

12 cross-examine witnesses, and take depositions; and 

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

14 member, in writing, shall hold an evidentiary hear15 ing.’’; and 

16 (3) in paragraph (7), as redesignated by para17 graph (1) of this subsection, by inserting before the 

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

19 who failed to address such action of which the supe20 rior knew or should have known, or both’’. 

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

22 amended— 

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

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


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

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

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

5 investigation conducted by an Inspector General, in any 

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

7 review conducted by the Secretary of Defense and the Sec8 retary of Homeland Security, under this section.’’. 

9 (i) CONFORMING AMENDMENT.—Subsection 

10 (b)(1)(B)(ii) of such section is amended by striking ‘‘sub11 section (i)’’ and inserting ‘‘subsection (k)’’. 

12 (j) UNIFORM STANDARDS FOR IG INVESTIGATIONS

13 OF PROHIBITED PERSONNEL ACTIONS AND OTHER MAT14 TERS.— 

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

16 after the date of the enactment of this Act, the In17 spector General of the Department of Defense shall 

18 prescribe uniform standards for the following: 

19 (A) The investigation of allegations of pro20 hibited personnel actions under section 1034 of 

21 title 10, United States Code (as amended by 

22 this section), by the Inspector General, the In23 spectors General of the military departments, 

24 and the Inspector General of the Department of 

25 Homeland Security. 


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1 (B) The training of the staffs of the In2 spectors General referred to in subparagraph 

3 (A) on the conduct of investigations described 

4 in that subparagraph. 

5 (2) USE.—Commencing 180 days after pre6 scription of the standards required by paragraph 

7 (1), the Inspectors General referred to in that para8 graph shall comply with such standards in the con9 duct of investigations described in that paragraph 

10 and in the training of the staffs of such Inspectors 

11 General in the conduct of such investigations. 

12 SEC. 3. IMPROVEMENTS TO AUTHORITIES AND PROCE13 DURES FOR THE CORRECTION OF MILITARY 

14 RECORDS. 

15 (a) REQUIREMENT FOR CORRECTION OF MILITARY

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

17 1552 of title 10, United States Code, is amended in the 

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

19 ‘‘shall correct’’. 

20 (b) AJS AS PRESIDING OFFICERS AT MEETINGS OF

21 BOARDS FOR CORRECTION OF MILITARY RECORDS.— 

22 Such subsection is further amended— 

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

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


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1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph (3): 

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

4 including any evidentiary hearing under paragraph (6), 

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

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

7 that purpose under a contract with the Secretary con8 cerned for that purpose.’’. 

9 (c) QUALIFICATIONS AND TERMS OF SERVICE ON

10 BOARDS.— 

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

12 amended by inserting after paragraph (3), as in13 serted by subsection (b)(2) of this section, the fol14 lowing new paragraph (4): 

15 ‘‘(4)(A) The members of each board under this sub16 section shall be individuals who, by demonstrated ability, 

17 background, training, or experience are especially qualified 

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

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

20 in the Federal Government except as otherwise provided 

21 by law. 

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

23 may not exceed five years.’’. 

24 (2) APPLICATION OF TERM OF SERVICE LIMITA25 TION TO MEMBERS SERVING ON DATE OF ENACTVerDate Sep 11 2014 01:10 May 12, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2190.IH H2190

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1 MENT.—For purposes of the application of para2 graph (4)(B) of subsection (a) of section 1552 of 

3 title 10, United States Code (as amended by para4 graph (1) of this subsection), to individuals serving 

5 on boards for the correction of military records as 

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

7 of service of such individuals on such boards shall be 

8 deemed to have commenced on the date of the enact9 ment of this Act. 

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

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

12 this section, is further amended— 

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

14 (2) by adding at the end the following new sub15 paragraphs: 

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

17 that a claim under this section lacks sufficient information 

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

19 the claimant, in writing, indicating the specific informa20 tion or documents necessary to make the claim complete 

21 and reviewable by the board. 

22 ‘‘(C) If a claimant is unable to provide military per23 sonnel or medical records applicable to a claim under this 

24 section, the board shall make reasonable efforts to obtain 

25 the records. A claimant shall provide the board with docuVerDate Sep 11 2014 01:10 May 12, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2190.IH H2190

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1 mentary evidence of the efforts of the claimant to obtain 

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

3 results of the board’s efforts, and shall provide the claim4 ant copies of any records so obtained upon request of the 

5 claimant. 

6 ‘‘(D) Any request for reconsideration of a determina7 tion of a board under this section, no matter when filed, 

8 shall be reconsidered by a board under this section if sup9 ported by materials not previously presented to or consid10 ered by the board in making such determination.’’. 

11 (e) EVIDENTIARY HEARINGS ON CERTAIN CLAIMS.— 

12 Such subsection is further amended by inserting after 

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

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

15 following new paragraph (6): 

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

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

18 requested by the claimant. 

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

20 have broad discretion (as specified in the procedures re21 quired by paragraph (5)) to allow and limit discovery on 

22 matters covered by the hearing in order to expedite the 

23 hearing and action on the claim concerned. 


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

2 the claimant, be represented by outside counsel in connec3 tion with an evidentiary hearing.’’. 

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

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

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

7 paragraph (7): 

8 ‘‘(7)(A) Each final decision of a board under this sub9 section shall be made available to the public in electronic 

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

11 made available to the public— 

12 ‘‘(i) there shall be redacted all personally identi13 fiable information; but 

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

15 investigation under section 1034 of this title, there 

16 shall not be redacted the names and position of such 

17 categories of officers investigated, above the grade of 

18 lieutenant colonel (or commander in the case of the 

19 Navy and the Coast Guard) as the Secretary of De20 fense or the Secretary of Homeland Security, as ap21 plicable, shall prescribe in the procedures under 

22 paragraph (5). 

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

24 Secretaries of the military departments and the Secretary 

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


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1 be characterized by the board as having precedential value 

2 or non-precedential value for purposes of subsequent deci3 sions of boards under this section. 

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

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

6 decision determined by a board in accordance with 

7 the procedures required by clause (i) to add signifi8 cantly to the case law of boards under this section; 

9 and 

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

11 any decision that does not have precedential value. 

12 ‘‘(iii) Any decision having precedential value for pur13 poses of this subparagraph may be cited or referred to 

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

15 (g) JUDICIAL REVIEW OF DETERMINATIONS OF

16 BOARDS.—Paragraph (8) of such subsection, as redesig17 nated by subsection (b)(1) of this section, is further 

18 amended— 

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

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

21 inserting ‘‘or subject to review or appeal as de22 scribed in subparagraph (B)’’ after ‘‘Except when 

23 procured by fraud’’; and 

24 (3) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(B) A claimant may seek judicial review of a deter2 mination of a board under this section in an appropriate 

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

4 under this subparagraph shall be as specified in section 

5 706 of title 5.’’. 

6 (h) TRAINING OF MEMBERS OF BOARDS.— 

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

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

9 Secretary concerned shall develop and implement a 

10 comprehensive training curriculum for members of 

11 boards for the correction of military records under 

12 the jurisdiction of such Secretary in the duties of 

13 such boards under section 1552 of title 10, United 

14 States Code. The curriculum shall address all areas 

15 of administrative law applicable to the duties of such 

16 boards. 

17 (2) UNIFORM CURRICULA.—The Secretary of 

18 Defense and the Secretary of Homeland Security 

19 shall jointly ensure that the curricula developed and 

20 implemented pursuant to this subsection are, to the 

21 extent practicable, uniform. 

22 (3) TRAINING.— 

23 (A) IN GENERAL.—Each member of a 

24 board for the correction of military records 

25 shall undergo retraining (consistent with the 


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1 curriculum developed and implemented pursu2 ant to this subsection) regarding the duties of 

3 boards for the correction of military records 

4 under section 1552 of title 10, United States 

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

6 on the board. 

7 (B) CURRENT MEMBERS.—Each member 

8 of a board for the correction of military records 

9 as of the date of the implementation of the cur10 riculum required by paragraph (1) (in this 

11 paragraph referred to as the ‘‘curriculum imple12 mentation date’’) the shall undergo training de13 scribed in subparagraph (A) not later than 90 

14 days after the curriculum implementation date. 

15 (C) NEW MEMBERS.—Each individual who 

16 becomes a member of a board for the correction 

17 of military records after the curriculum imple18 mentation date shall undergo training described 

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

20 after the date on which such individual becomes 

21 a member of the board. 

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

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

24 concerned shall submit to Congress a report setting 

25 forth the following: 


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1 (A) A description and assessment of the 

2 progress made by such Secretary in imple3 menting training requirements for members of 

4 boards for the correction of military records 

5 under the jurisdiction of such Secretary. 

6 (B) A detailed description of the training 

7 curriculum required of such Secretary by para8 graph (1). 

9 (C) A description and assessment of any 

10 impediments to the implementation of training 

11 requirements for members of boards for the 

12 correction of military records under the juris13 diction of such Secretary. 

14 (5) SECRETARY CONCERNED DEFINED.—In this 

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

16 ‘‘Secretary concerned’’ as that term is used in sec17 tion 1552 of title 10, United States Code. 

18 SEC. 4. INCLUSIONS OF INSPECTORS GENERAL OF THE 

19 MILITARY DEPARTMENTS AND CERTAIN 

20 OTHER INSPECTORS GENERAL IN COUNCIL 

21 OF THE INSPECTORS GENERAL ON INTEG22 RITY AND EFFICIENCY. 

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

24 1978 (5 U.S.C. App.) is amended by adding at the end 

25 the following new subparagraph: 


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

2 the Navy, the Air Force, the Marine Corps, the 

3 National Guard Bureau, and the Coast 

4 Guard.’’. 

Æ 


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