I 
115TH CONGRESS 
1ST SESSION H. R. 3209 
To amend title 10, United States Code, to improve protections for a member 
of the Armed Forces who is a survivor of a sex-related offense 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 HOUSE OF REPRESENTATIVES 
JULY 12, 2017 
Ms. HERRERA BEUTLER (for herself and Ms. TSONGAS) introduced the 
following bill; which was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to improve protec-
tions for a member of the Armed Forces who is a sur-
vivor of a sex-related offense during military service re-
garding the separation, or the characterization of any 
separation, of the member from the Armed Forces, to 
make additional changes to the authorities and proce-
dures of boards for the correction of military records 
and discharge review boards, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting Military Honor Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 sex-related offenses. 
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 regard-
ing discharge or release of members of the Armed Forces when 
the claims involve sex-related offenses. 
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 pro-
tected 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 sex-related offenses. 
Sec. 9. Department of Defense working group on administrative review boards. 
SEC. 2. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF 
TERMS OF DISCHARGE OF MEMBERS WHO 
ARE SURVIVORS OF SEX-RELATED OFFENSES. 
(a) CODIFICATION
OF
CURRENT
CONFIDENTIAL 
PROCESS.— 
(1) CODIFICATION.—Chapter 79 of title 10, 
United States Code, is amended by inserting after 
section 1554a a new section 1554b consisting of— 
(A) a heading as follows: 
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‘‘§ 1554b. Confidential review of characterization of 
terms of discharge of members of the 
armed forces who are survivors of sex-re-
lated offenses’’; 
and 
(B) a text consisting of the text of section 
547 of the National Defense Authorization Act 
for Fiscal Year 2015 (10 U.S.C. 1553 note, 
Public Law 113–291). 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 79 of such title is 
amended by inserting after the item relating to sec-
tion 1554a the following new item: 
‘‘1554b. Confidential review of characterization of terms of discharge of mem-
bers of the armed forces who are survivors of sex-related of-
fenses.’’. 
(3) CONFORMING REPEAL.—Section 547 of the 
National Defense Authorization Act for Fiscal Year 
2015 (10 U.S.C. 1553 note, Public Law 113–291) 
is repealed. 
(b) CLARIFICATION OF APPLICABILITY TO INDIVID-
UALS WHO ALLEGE SEX-RELATED OFFENSES DURING 
MILITARY SERVICE.—Subsection (a) of section 1554b of 
title 10, United States Code, as added by subsection (a) 
of this section, is amended by striking ‘‘sex-related of-
fense’’ and inserting the following: ‘‘sex-related offense, or 
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alleges that the individual was the survivor of a sex-related 
offense,’’. 
(c) ADDITIONAL REQUIREMENTS
FOR CONSIDER-
ATION OF EVIDENCE.—Subsection (b) of section 1554b of 
title 10, United States Code, as added by subsection (a) 
of this section, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) to give liberal consideration to all available 
evidence that a sex-related offense occurred, includ-
ing evidence from sources other than records of the 
armed force concerned that may corroborate the in-
dividual’s account of the sex-related offense (includ-
ing evidence of changes in the individual’s behavior 
after the offense and other circumstantial evidence 
that may corroborate the individual’s account of the 
sex-related offense).’’. 
(d) MEDICAL ADVISORY OPINIONS IN CONNECTION 
WITH SEX-RELATED OFFENSES.—Section 1554b of title 
10, United States Code, as added by subsection (a), is 
amended— 
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(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) MEDICAL ADVISORY OPINIONS.—Any medical 
advisory opinion issued to a board established in accord-
ance with this chapter in the case of a review carried out 
in accordance with the process established under this sec-
tion shall include the opinion of a psychologist or psychia-
trist with training in sexual trauma cases.’’. 
(e) CONFORMING AMENDMENTS.—Section 1554b of 
title 10, United States Code, as added by subsection (a), 
is further amended— 
(1) by striking ‘‘Armed Forces’’ each place it 
appears in subsections (a) and (b) and inserting 
‘‘armed forces’’; 
(2) in subsection (a)— 
(A) by striking ‘‘boards for the correction 
of military records of the military department 
concerned’’ and inserting ‘‘boards of the mili-
tary department concerned established in ac-
cordance with this chapter’’; and 
(B) by striking ‘‘such an offense’’ and in-
serting ‘‘a sex-related offense’’; 
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(3) in subsection (b), striking ‘‘boards for the 
correction of military records’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘boards of the 
military department concerned established in accord-
ance with this chapter’’; and 
(4) in subsection (e), as redesignated by sub-
section (d)(1)— 
(A) in paragraph (1), by striking ‘‘title 10, 
United States Code’’ and inserting ‘‘this title’’; 
and 
(B) in paragraphs (2) and (3), by striking 
‘‘such title’’ and inserting ‘‘this title’’. 
SEC. 3. AUTHORITY FOR DISCHARGE REVIEW BOARDS TO 
REFER CERTAIN APPLICATIONS FOR RELIEF 
TO THE PHYSICAL DISABILITY BOARD OF RE-
VIEW. 
(a) AUTHORITY FOR DISCHARGE REVIEW BOARDS 
TO REFER FOR DISABILITY REVIEW.—Section 1553(b) of 
title 10, United States Code, is amended to read as fol-
lows: 
‘‘(b)(1) To reflect its findings, a board established 
under this section may— 
‘‘(A) change a discharge or dismissal; 
‘‘(B) issue a new discharge; or 
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‘‘(C) in the case of a former member whose ap-
plication for relief is based in whole or in part on 
matters relating to a sex-related offense, post-trau-
matic stress disorder, or traumatic brain injury, 
refer the application for relief to the Physical Dis-
ability Board of Review established under section 
1554a of this title for review under such section. 
‘‘(2) Any action of the board under this subsection 
is subject to review by the Secretary concerned.’’. 
(b) TREATMENT OF REFERRAL.—Section 1554a of 
title 10, United States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) 
REFERRALS
FROM
DISCHARGE
REVIEW 
BOARD.—(1) Except as provided in paragraph (2), a re-
ferral for review pursuant to section 1553(b)(1)(C) of this 
title shall be treated as a request for review by a covered 
individual for purposes of this section. 
‘‘(2) In the case of a referral for review pursuant to 
section 1553(b)(1)(C) of this title— 
‘‘(A) a previous disability determination by a 
Physical Evaluation Board shall not be required; 
and 
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‘‘(B) subsection (c)(4) shall not apply.’’. 
SEC. 4. PUBLIC AVAILABILITY OF INFORMATION RELATED 
TO DISPOSITION OF CLAIMS REGARDING DIS-
CHARGE OR RELEASE OF MEMBERS OF THE 
ARMED FORCES WHEN THE CLAIMS INVOLVE 
SEX-RELATED OFFENSES. 
(a) BOARDS FOR THE CORRECTION OF MILITARY 
RECORDS.—Section 1552(h) of title 10, United States 
Code, as added by section 533(a) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328), is amended by adding at the end the following new 
paragraph: 
‘‘(4) The number and disposition of claims sub-
mitted during the calendar quarter preceding the 
calendar quarter in which such information is made 
available in which a sex-related offense is alleged to 
have contributed, whether in whole or in part, to the 
original characterization of the discharge or release 
of the claimant.’’. 
(b) DISCHARGE REVIEW BOARDS.—Section 1553(f) 
of title 10, United States Code, as added by section 533(b) 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328), is amended by adding at the 
end the following new paragraph: 
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‘‘(4) The number and disposition of claims sub-
mitted during the calendar quarter preceding the 
calendar quarter in which such information is made 
available in which a sex-related offense is alleged to 
have contributed, whether in whole or in part, to the 
original characterization of the discharge or release 
of the claimant.’’. 
SEC. 5. TRAINING REQUIREMENTS. 
(a) MEMBERS OF BOARDS FOR THE CORRECTION OF 
MILITARY RECORDS.—Section 534(c)(1) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114–328; 10 U.S.C. 1552 note) is amended by add-
ing at the end the following new sentence: ‘‘This cur-
riculum shall also address the proper handling of claims 
in which a sex-related offense is alleged to have contrib-
uted to the original characterization of the discharge or 
release of the claimant, including guidelines for the consid-
eration of evidence substantiating such allegations in ac-
cordance with the requirements of section 1554b(b)(3) of 
title 10, United States Code.’’. 
(b) DEPARTMENT OF DEFENSE PERSONNEL WHO 
INVESTIGATE CLAIMS OF RETALIATION.—Section 546(a) 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328) is amended by striking ‘‘sec-
tion.’’ and inserting ‘‘section, including guidelines for the 
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consideration of evidence substantiating such allegations 
in 
accordance 
with 
the 
requirements 
of 
section 
1554b(b)(3) of title 10, United States Code.’’. 
SEC. 6. OTHER IMPROVEMENTS TO AUTHORITIES AND PRO-
CEDURES FOR THE CORRECTION OF MILI-
TARY RECORDS. 
(a) BOARDS FOR THE CORRECTION OF MILITARY 
RECORDS.— 
(1) USE OF SECRETARIAL AUTHORITY TO COR-
RECT
MILITARY
RECORDS.—Section 1552(a)(1) of 
title 10, United States Code, is amended by striking 
‘‘may’’ both places it appears and inserting ‘‘shall’’. 
(2) INDEXING
OF
PUBLISHED
DECISIONS.— 
Paragraph (5) of section 1552(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(5) Beginning October 1, 2018, each final decision 
of a board under this subsection shall be made available 
to the public in electronic form on a centralized Internet 
website. The information provided shall include a sum-
mary of each decision, to be indexed by subject matter, 
except that the Secretary shall protect the privacy of 
claimants by redacting all personally identifiable informa-
tion.’’. 
(b) DISCHARGE REVIEW BOARDS.— 
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(1) REPEAL OF 15-YEAR STATUTE OF LIMITA-
TIONS ON MOTIONS OR REQUESTS FOR REVIEW.— 
Section 1553(a) of title 10, United States Code, is 
amended by striking the second sentence. 
(2) 
TELEPHONIC
PRESENTATION
OF
EVI-
DENCE.—Section 1553(c) of title 10, United States 
Code, is amended in the second sentence by striking 
‘‘or by affidavit’’ and inserting ‘‘, by affidavit, or by 
telephone or video conference’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2018. 
SEC. 7. BURDENS OF PROOF APPLICABLE TO INVESTIGA-
TIONS AND REVIEWS RELATED TO PRO-
TECTED COMMUNICATIONS OF MEMBERS OF 
THE ARMED FORCES AND PROHIBITED RE-
TALIATORY ACTIONS. 
(a) IN GENERAL.—Section 1034 of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing new subsection (i): 
‘‘(i)(1) For purposes of this section, there is sufficient 
basis to conclude that a personnel action prohibited by 
subsection (b) has occurred if the communication made 
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by the member or former member was a contributing fac-
tor in the personnel action that was taken, or is to be 
taken, against the member or former member unless there 
is clear and convincing evidence that the same personnel 
action would have been taken in the absence of the com-
munication. 
‘‘(2) A member or former member may demonstrate 
that the communication was a contributing factor in the 
personnel action through circumstantial evidence, such as 
evidence that— 
‘‘(A) the official taking the personnel action 
knew of the communication; and 
‘‘(B) the personnel action occurred within a pe-
riod of time such that a reasonable person could 
conclude that the communication was a contributing 
factor in the personnel action.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 30 days 
after the date of the enactment of this Act, and shall apply 
with respect to allegations pending or submitted under 
section 1034 of title 10, United States Code, on or after 
that date. 
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SEC. 8. ADMINISTRATIVE SEPARATION PROTECTIONS FOR 
MEMBERS OF THE ARMED FORCES WHO ARE 
SURVIVORS OF SEX-RELATED OFFENSES. 
(a) COVERED MEMBER DEFINED.—In this section, 
the term ‘‘covered member’’ means a member of the 
Armed Forces who is diagnosed with a mental health con-
dition related to a sex-related offense that occurred during 
the member’s service in the Armed Forces. 
(b) LIMITATIONS ON SEPARATION FOR A MENTAL 
DISORDER
NOT
CONSTITUTING
A
PHYSICAL
DIS-
ABILITY.— 
(1) REVIEW OF DIAGNOSIS.—A covered member 
shall not be separated on the basis of a personality 
disorder or other mental disorder not constituting a 
physical disability, unless the diagnosis of such dis-
order has been— 
(A) corroborated by a peer or higher-level 
mental health professional; and 
(B) endorsed by the Surgeon General of 
the military department concerned. 
(2) 
CO-MORBID
PTSD
DIAGNOSIS.—Unless 
found fit for duty by the disability evaluation sys-
tem, a covered member shall not be separated on the 
basis of a personality disorder or other mental dis-
order not constituting a physical disability if service- 
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related post-traumatic stress disorder is also diag-
nosed. 
(c) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of the enactment of this Act. 
SEC. 9. DEPARTMENT OF DEFENSE WORKING GROUP ON 
ADMINISTRATIVE REVIEW BOARDS. 
(a) ESTABLISHMENT AND PURPOSE.—The Secretary 
of Defense shall establish a Department of Defense work-
ing group for the purpose of identifying and making rec-
ommendations to the Secretary of Defense on best prac-
tices and procedures to be used by boards for the correc-
tion of military records and discharge review boards in 
carrying out their responsibilities under chapter 79 of title 
10, United States Code, and in granting relief to claim-
ants under that chapter. 
(b) CONSULTATION.—In carrying out the responsibil-
ities of the working group, members of the group shall 
consult, as appropriate, with civilian practitioners of mili-
tary law and representatives of organizations that have ex-
perience in cases before boards for the correction of mili-
tary records and discharge review boards. 
(c) REPORTS REQUIRED.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the establishment of the working 
group, the Secretary of Defense shall submit to the 
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Committees on Armed Services of the Senate and 
the House of Representatives a report containing the 
findings and recommendations of the working group. 
(2) SUBSEQUENT REPORT.—Not later than two 
years after the date of the establishment of the 
working group, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the 
Senate and the House of Representatives a report 
containing an evaluation conducted by the working 
group of— 
(A) all recommendations of the working 
group that have been or are being implemented 
by boards for the correction of military records 
and discharge review boards; and 
(B) the results of the implementation of 
such recommendations. 
Æ 
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