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‘‘920a. 120a. Stalking. 
‘‘920b. 120b. Rape and sexual assault of a child. 
‘‘920c. 120c. Other sexual misconduct.’’; 
and 
(2) by striking the item relating to section 925 
(article 125). 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act and shall apply with respect to offenses committed on 
or after such date. 
SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCU-
MENTARY EVIDENCE. 
(a) SUBPOENA DUCES TECUM.—Section 847 of title 
10, United States Code (article 47 of the Uniform Code of 
Military Justice), is amended— 
(1) in subsection (a)(1), by striking ‘‘board;’’ 
and inserting ‘‘board, or has been duly issued a sub-
poena duces tecum for an investigation, including an 
investigation pursuant to section 832(b) of this title 
(article 32(b)); and’’; and 
(2) in subsection (c), by striking ‘‘or board’’ and 
inserting ‘‘board, trial counsel, or convening author-
ity’’. 
(b) REPEAL OF OBSOLETE PROVISIONS RELATING TO 
FEES AND MILEAGE PAYABLE TO WITNESSES.—Such sec-
tion is further amended— 
(1) in subsection (a)—
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(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as 
paragraph (2); and 
(2) by striking subsection (d). 
(c) TECHNICAL AMENDMENTS.—Subsection (a) of such 
section is further amended by striking ‘‘subpenaed’’ in 
paragraphs (1) and (2), as redesignated by subsection 
(b)(1)(B), and inserting ‘‘subpoenaed’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to subpoenas issued 
after the date of the enactment of this Act. 
SEC. 553. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN 
MILITARY PERSONNEL DECISIONS. 
(a) PROHIBITED PERSONNEL ACTIONS.—Section 1034 
of title 10, United States Code, is amended— 
(1) in subsection (f), by adding at the end the 
following new paragraph: 
‘‘(7) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction of the member or former member’s 
record, the member or former member shall be provided a 
concise written statement of the factual and legal basis for 
the decision, together with a statement of the procedure and 
time for obtaining review of the decision pursuant to section 
1560 of this title.’’;
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(2) in subsection (g)— 
(A) by inserting ‘‘(1)’’ before ‘‘Upon the 
completion of all’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) A submittal to the Secretary of Defense under 
paragraph (1) must be made within 90 days of the receipt 
of the final decision of the Secretary of the military depart-
ment concerned in the matter. In any case in which the 
final decision of the Secretary of Defense results in denial, 
in whole or in part, of any requested correction of the mem-
ber or former member’s record, the member or former mem-
ber shall be provided a concise written statement of the basis 
for the decision, together with a statement of the procedure 
and time for obtaining review of the decision pursuant to 
section 1560 of this title.’’; 
(3) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(4) by inserting after subsection (g) the following 
new subsection (h): 
‘‘(h) JUDICIAL REVIEW.—A decision of the Secretary 
of Defense under subsection (g) or, in a case in which review 
by the Secretary of Defense under subsection (g) was not 
sought or in a case arising out of the Coast Guard when 
the Coast Guard is not operating as a service in the Navy,
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a decision of the Secretary of a military department or the 
Secretary of Homeland Security under subsection (f) shall 
be subject to judicial review only as provided in section 
1560 of this title.’’. 
(b) CORRECTION
OF MILITARY RECORDS.—Section 
1552 of such title is amended— 
(1) by redesignating subsection (g) as subsection 
(j); and 
(2) by inserting after subsection (f) the following 
new subsections: 
‘‘(g) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction, the claimant shall be provided a 
concise written statement of the factual and legal basis for 
the decision, together with a statement of the procedure and 
time for obtaining review of the decision pursuant to section 
1560 of this title. 
‘‘(h) If an application for correction of military 
records involves a historically significant military event (as 
defined by the Secretary concerned), or would, if the appli-
cation is approved, substantially modify the results of any 
disciplinary action or promotion decision regarding a gen-
eral or flag officer which includes in the remedy a pro-
motion by and with the advice and consent of the Senate, 
the Secretary concerned shall ensure that an advisory opin-
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ion is included in the record of the decision that includes 
a detailed chronology of the events in question and, at a 
minimum, considers the following information: 
‘‘(1) A thorough compilation of the information 
available in the historical record, including testi-
mony, contemporary written statements, and all 
available records which formed the basis for the mili-
tary records in question. 
‘‘(2) The testimony or written views of contem-
porary decision makers, if available, regarding the 
matters raised in the application for relief regarding 
the military records in question. 
‘‘(3) A summary of the available evidence for 
and against the position taken by the applicant. 
‘‘(i) A decision by the Secretary concerned under this 
section shall be subject to judicial review only as provided 
in section 1560 of this title.’’. 
(c) JUDICIAL REVIEW.— 
(1) IN GENERAL.—Chapter 79 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 1560. Judicial review of decisions 
‘‘(a) After a final decision is issued pursuant to section 
1552 of this title, or is issued by the Secretary of a military 
department or the Secretary of Homeland Security pursu-
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ant to section 1034(f) of this title or the Secretary of Defense 
pursuant to section 1034(g) of this title, any person ag-
grieved by the decision may obtain judicial review. 
‘‘(b) In exercising its authority under this section, the 
reviewing court shall review the record and may hold un-
lawful and set aside any decision demonstrated by the peti-
tioner in the record to be— 
‘‘(1) arbitrary or capricious; 
‘‘(2) not based on substantial evidence; 
‘‘(3) a result of material error of fact or material 
administrative error, but only if the petitioner identi-
fied to the correction board how the failure to follow 
procedures substantially prejudiced the petitioner’s 
right to relief, and shows to the reviewing court by a 
preponderance of the evidence that the error was 
harmful; or 
‘‘(4) otherwise contrary to law. 
‘‘(c) Upon review under this section, the reviewing 
court shall affirm, modify, vacate, or reverse the decision, 
or remand the matter, as appropriate. 
‘‘(d) No judicial review may be made under this sec-
tion unless the petitioner shall first have requested a correc-
tion under section 1552 of this title, and the Secretary con-
cerned shall have rendered a final decision denying that 
correction in whole or in part. In a case in which the final
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decision of the Secretary concerned is subject to review by 
the Secretary of Defense under section 1034(g) of this title, 
the petitioner is not required to seek such review by the Sec-
retary of Defense before obtaining judicial review under this 
section. If the petitioner seeks review by the Secretary of 
Defense under section 1034(g) of this title, no judicial re-
view may be made until the Secretary of Defense shall have 
rendered a final decision denying that request in whole or 
in part. 
‘‘(e) In the case of a final decision described in sub-
section (a) made on or after the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 
2012, a petition for judicial review under this section must 
be filed within three years of the date on which the final 
decision was actually received by the petitioner. 
‘‘(f) Notwithstanding subsections (a), (b), and (c), a 
reviewing court does not have jurisdiction to entertain any 
matter or issue raised in a petition of review under this 
section that is not justiciable. 
‘‘(g)(1) In the case of a cause of action arising after 
the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2012, no court shall have jurisdic-
tion to entertain any request for correction of records cog-
nizable under section 1552 of this title, except as provided 
in this section.