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 proce-
dures for legal justice for members of the Armed Forces, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Legal Justice for 
Servicemembers Act of 2015’’. 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
SEC. 2. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION 
PROCEDURES. 
(a) MODIFICATION OF ACTIONS TREATABLE AS PRO-
HIBITED PERSONNEL ACTIONS.—Paragraph (2) of sub-
section (b) of section 1034 of title 10, United States Code, 
is amended to read as follows: 
‘‘(2) The following actions shall be considered for the 
purposes of this section to be a personnel action prohibited 
by this subsection: 
‘‘(A) Any action prohibited by paragraph (1) 
(including the threat to take any unfavorable action, 
the withholding or threat to withhold any favorable 
action, making or threatening to make a significant 
change in the duties or responsibilities of a member 
of the armed forces not commensurate with the 
member’s grade, a retaliatory investigation, and the 
failure of a superior to respond to retaliatory action 
or harassment by one or more subordinates taken 
against a member of which the superior knew or 
should have known). 
‘‘(B) Any other action that could be reasonably 
understood as an attempt to dissuade a member of 
the armed forces from making or preparing a com-
munication, or participating in any other activity, 
described in paragraph (1).’’. 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
(b) OPTION OF MEMBER CONCERNED TO DECLINE 
DELEGATION OF INVESTIGATION BY DOD IG TO MILI-
TARY DEPARTMENT IG.—Subparagraph (D) of subsection 
(c)(4) of such section is amended in the second sentence 
by inserting before the period the following: ‘‘unless the 
member submitting the allegation declines the delegation’’. 
(c) TEMPORARY STAY OF PERSONNEL ACTIONS.— 
Subsection (c)(4) of such section is further amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E): 
‘‘(E)(i) If the Inspector General makes a preliminary 
determination in an investigation under subparagraph (D) 
that there are reasonable grounds to believe that a per-
sonnel action prohibited by subsection (b) has occurred 
and the personnel action will result in an immediate hard-
ship to the member alleging the personnel action, the In-
spector General may impose a stay of the personnel action 
of not more than 90 days in order to prevent undue hard-
ship to the member. 
‘‘(ii) If the Inspector General has not completed the 
investigation described in clause (i) upon the expiration 
of the stay of the personnel action with respect to a mem-
ber imposed by the Inspector General under that clause, 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
the Secretary of the military department concerned or the 
Secretary of Homeland Security, as applicable, may con-
tinue the stay of the personnel action with respect to the 
member for such additional time as is required for the 
completion of the investigation by the Inspector General.’’. 
(d) PERIODIC NOTICE TO MEMBERS ON PROGRESS 
OF IG INVESTIGATIONS.—Paragraph (3) of subsection (e) 
of such section is amended to read as follows: 
‘‘(3)(A) Not later than 180 days after the commence-
ment of an investigation of an allegation under subsection 
(c)(4), and every 90 days thereafter until the transmission 
of the report on the investigation under paragraph (1) to 
the member concerned, the Inspector General conducting 
the investigation shall submit a notice on the investigation 
described in subparagraph (B) to the following: 
‘‘(i) The member. 
‘‘(ii) The Secretary of Defense. 
‘‘(iii) The Secretary of the military department 
concerned, or the Secretary of Homeland Security in 
the case of a member of the Coast Guard when the 
Coast Guard is not operating as a service in the 
Navy. 
‘‘(B) Each notice on an investigation under subpara-
graph (A) shall include the following: 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(i) A description of the current progress of the 
investigation, including the number of witnesses 
interviewed and the number of documents reviewed. 
‘‘(ii) An estimate of the time remaining until 
the completion of the investigation and the trans-
mittal of the report required by paragraph (1) to the 
member concerned.’’. 
(e) IG RECOMMENDATIONS REGARDING DISPOSITION 
OF COMPLAINTS.—Paragraph (4) of subsection (e) of such 
section is amended to read as follows: 
‘‘(4) The report on the results of the investigation 
shall contain the following: 
‘‘(A) A thorough review of the facts and cir-
cumstances relevant to the allegation and the com-
plaint or disclosure. 
‘‘(B) The documents acquired during the course 
of the investigation, including summaries of inter-
views conducted. 
‘‘(C) A recommendation as to the disposition of 
the complaint. 
‘‘(D) Recommendations, made in consultation 
with the appropriate Judge Advocate General, for 
disciplinary actions against the person who com-
mitted the prohibited personnel action, against a su-
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
perior who failed to address such action of which the 
superior knew or should have known, or both.’’. 
(f) ACTIONS IN CASE OF VIOLATIONS.—Subpara-
graph (B) of subsection (f)(3) of such section is amended 
to read as follows: 
‘‘(B) refer the report to the appropriate board 
for the correction of military records for further re-
view under subsection (g) unless the member or 
former member requests, in writing, during the 30- 
day period beginning on the date of the making of 
the determination, that the report not be so re-
ferred.’’. 
(g) CORRECTION OF RECORDS.—Subsection (g) of 
such section is amended— 
(1) by redesignating paragraphs (3) through 
(6) as paragraphs (4) through (7), respectively; 
(2) by striking paragraph (2) and inserting the 
following new paragraphs (2) and (3): 
‘‘(2) In resolving an application described in para-
graph (1) for which there is a report of the Inspector Gen-
eral under subsection (e)(1), a correction board— 
‘‘(A) shall review the report of the Inspector 
General; 
‘‘(B) may request the Inspector General to 
gather further evidence; 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(C) may receive oral argument, examine and 
cross-examine witnesses, and take depositions; and 
‘‘(D) if requested by the member or former 
member, in writing, shall hold an evidentiary hear-
ing. 
‘‘(3) In resolving an application described in para-
graph (1) for which there is no final action of the Inspec-
tor General within 365 days after the claimant submits 
an application to the Inspector General, the correction 
board— 
‘‘(A) may receive oral argument, examine and 
cross-examine witnesses, and take depositions; and 
‘‘(B) if requested by the member or former 
member, in writing, shall hold an evidentiary hear-
ing.’’; and 
(3) in paragraph (7), as redesignated by para-
graph (1) of this subsection, by inserting before the 
period at the end the following: ‘‘, against a superior 
who failed to address such action of which the supe-
rior knew or should have known, or both’’. 
(h) BURDENS OF PROOF.—Such section is further 
amended— 
(1) by redesignating subsections (h), (i), and (j) 
as subsections (i), (j), and (k), respectively; and 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
(2) by inserting after subsection (g) the fol-
lowing new subsection (h): 
‘‘(h) BURDENS OF PROOF.—The burdens of proof 
specified in section 1221(e) of title 5 shall apply in any 
investigation conducted by an Inspector General, in any 
board for the correction of military records, and in any 
review conducted by the Secretary of Defense and the Sec-
retary of Homeland Security, under this section.’’. 
(i) 
CONFORMING
AMENDMENT.—Subsection 
(b)(1)(B)(ii) of such section is amended by striking ‘‘sub-
section (i)’’ and inserting ‘‘subsection (k)’’. 
(j) UNIFORM STANDARDS FOR IG INVESTIGATIONS 
OF PROHIBITED PERSONNEL ACTIONS AND OTHER MAT-
TERS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the In-
spector General of the Department of Defense shall 
prescribe uniform standards for the following: 
(A) The investigation of allegations of pro-
hibited personnel actions under section 1034 of 
title 10, United States Code (as amended by 
this section), by the Inspector General, the In-
spectors General of the military departments, 
and the Inspector General of the Department of 
Homeland Security. 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
(B) The training of the staffs of the In-
spectors General referred to in subparagraph 
(A) on the conduct of investigations described 
in that subparagraph. 
(2) USE.—Commencing 180 days after pre-
scription of the standards required by paragraph 
(1), the Inspectors General referred to in that para-
graph shall comply with such standards in the con-
duct of investigations described in that paragraph 
and in the training of the staffs of such Inspectors 
General in the conduct of such investigations. 
SEC. 3. IMPROVEMENTS TO AUTHORITIES AND PROCE-
DURES FOR THE CORRECTION OF MILITARY 
RECORDS. 
(a) REQUIREMENT FOR CORRECTION OF MILITARY 
RECORDS.—Paragraph (1) of subsection (a) of section 
1552 of title 10, United States Code, is amended in the 
first sentence by striking ‘‘may correct’’ and inserting 
‘‘shall correct’’. 
(b) AJS AS PRESIDING OFFICERS AT MEETINGS OF 
BOARDS
FOR CORRECTION
OF MILITARY RECORDS.— 
Such subsection is further amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (8), respectively; and 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) Each meeting of a board under this subsection, 
including any evidentiary hearing under paragraph (6), 
shall, to the extent practicable, have as its presiding officer 
an administrative judge serving on a part-time basis for 
that purpose under a contract with the Secretary con-
cerned for that purpose.’’. 
(c) QUALIFICATIONS AND TERMS OF SERVICE ON 
BOARDS.— 
(1) IN GENERAL.—Such subsection is further 
amended by inserting after paragraph (3), as in-
serted by subsection (b)(2) of this section, the fol-
lowing new paragraph (4): 
‘‘(4)(A) The members of each board under this sub-
section shall be individuals who, by demonstrated ability, 
background, training, or experience are especially qualified 
to carry out the functions of a board under this section. 
No member of a board may hold another office or position 
in the Federal Government except as otherwise provided 
by law. 
‘‘(B) The term of service of an individual on a board 
may not exceed five years.’’. 
(2) APPLICATION OF TERM OF SERVICE LIMITA-
TION TO MEMBERS SERVING ON DATE OF ENACT-
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
MENT.—For purposes of the application of para-
graph (4)(B) of subsection (a) of section 1552 of 
title 10, United States Code (as amended by para-
graph (1) of this subsection), to individuals serving 
on boards for the correction of military records as 
of the date of the enactment of this Act, the term 
of service of such individuals on such boards shall be 
deemed to have commenced on the date of the enact-
ment of this Act. 
(d) PROCEDURES OF BOARDS.—Paragraph (5) of 
such subsection, as redesignated by subsection (b)(1) of 
this section, is further amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(B) If a board makes a preliminary determination 
that a claim under this section lacks sufficient information 
or documents to support the claim, the board shall notify 
the claimant, in writing, indicating the specific informa-
tion or documents necessary to make the claim complete 
and reviewable by the board. 
‘‘(C) If a claimant is unable to provide military per-
sonnel or medical records applicable to a claim under this 
section, the board shall make reasonable efforts to obtain 
the records. A claimant shall provide the board with docu-
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
mentary evidence of the efforts of the claimant to obtain 
such records. The board shall inform the claimant of the 
results of the board’s efforts, and shall provide the claim-
ant copies of any records so obtained upon request of the 
claimant. 
‘‘(D) Any request for reconsideration of a determina-
tion of a board under this section, no matter when filed, 
shall be reconsidered by a board under this section if sup-
ported by materials not previously presented to or consid-
ered by the board in making such determination.’’. 
(e) EVIDENTIARY HEARINGS ON CERTAIN CLAIMS.— 
Such subsection is further amended by inserting after 
paragraph (5), as redesignated by subsection (b)(1) of this 
section and amended by subsection (d) of this section, the 
following new paragraph (6): 
‘‘(6)(A) A board shall hold an evidentiary hearing on 
a claim that presents a genuine issue of material fact, if 
requested by the claimant. 
‘‘(B) A board holding an evidentiary hearing shall 
have broad discretion (as specified in the procedures re-
quired by paragraph (5)) to allow and limit discovery on 
matters covered by the hearing in order to expedite the 
hearing and action on the claim concerned. 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(C) A claimant may, at the election and expense of 
the claimant, be represented by outside counsel in connec-
tion with an evidentiary hearing.’’. 
(f) FINAL DECISIONS OF BOARDS.—Such subsection 
is further amended by inserting after paragraph (6), as 
inserted by subsection (e) of this section, the following new 
paragraph (7): 
‘‘(7)(A) Each final decision of a board under this sub-
section shall be made available to the public in electronic 
form on a centralized Internet website. In any decision so 
made available to the public— 
‘‘(i) there shall be redacted all personally identi-
fiable information; but 
‘‘(ii) if the decision relates to or arises from an 
investigation under section 1034 of this title, there 
shall not be redacted the names and position of such 
categories of officers investigated, above the grade of 
lieutenant colonel (or commander in the case of the 
Navy and the Coast Guard) as the Secretary of De-
fense or the Secretary of Homeland Security, as ap-
plicable, shall prescribe in the procedures under 
paragraph (5). 
‘‘(B)(i) Under procedures jointly developed by the 
Secretaries of the military departments and the Secretary 
of Homeland Security, each final decision of a board shall 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
be characterized by the board as having precedential value 
or non-precedential value for purposes of subsequent deci-
sions of boards under this section. 
‘‘(ii) For purposes of this subparagraph— 
‘‘(I) a decision having precedential value is any 
decision determined by a board in accordance with 
the procedures required by clause (i) to add signifi-
cantly to the case law of boards under this section; 
and 
‘‘(II) a decision having non-precedential value is 
any decision that does not have precedential value. 
‘‘(iii) Any decision having precedential value for pur-
poses of this subparagraph may be cited or referred to 
by any party in a claim under this section.’’. 
(g) JUDICIAL REVIEW
OF DETERMINATIONS
OF 
BOARDS.—Paragraph (8) of such subsection, as redesig-
nated by subsection (b)(1) of this section, is further 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(8)’’; 
(2) in subparagraph (A), as so designated, by 
inserting ‘‘or subject to review or appeal as de-
scribed in subparagraph (B)’’ after ‘‘Except when 
procured by fraud’’; and 
(3) by adding at the end the following new sub-
paragraph: 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(B) A claimant may seek judicial review of a deter-
mination of a board under this section in an appropriate 
court of the United States. The scope of judicial review 
under this subparagraph shall be as specified in section 
706 of title 5.’’. 
(h) TRAINING OF MEMBERS OF BOARDS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, each 
Secretary concerned shall develop and implement a 
comprehensive training curriculum for members of 
boards for the correction of military records under 
the jurisdiction of such Secretary in the duties of 
such boards under section 1552 of title 10, United 
States Code. The curriculum shall address all areas 
of administrative law applicable to the duties of such 
boards. 
(2) UNIFORM
CURRICULA.—The Secretary of 
Defense and the Secretary of Homeland Security 
shall jointly ensure that the curricula developed and 
implemented pursuant to this subsection are, to the 
extent practicable, uniform. 
(3) TRAINING.— 
(A) IN
GENERAL.—Each member of a 
board for the correction of military records 
shall undergo retraining (consistent with the 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
curriculum developed and implemented pursu-
ant to this subsection) regarding the duties of 
boards for the correction of military records 
under section 1552 of title 10, United States 
Code, at least once during the member’s tenure 
on the board. 
(B) CURRENT
MEMBERS.—Each member 
of a board for the correction of military records 
as of the date of the implementation of the cur-
riculum required by paragraph (1) (in this 
paragraph referred to as the ‘‘curriculum imple-
mentation date’’) the shall undergo training de-
scribed in subparagraph (A) not later than 90 
days after the curriculum implementation date. 
(C) NEW MEMBERS.—Each individual who 
becomes a member of a board for the correction 
of military records after the curriculum imple-
mentation date shall undergo training described 
in subparagraph (A) by not later than 90 days 
after the date on which such individual becomes 
a member of the board. 
(4) REPORTS.—Not later than 18 months after 
the date of the enactment of this Act, each Secretary 
concerned shall submit to Congress a report setting 
forth the following: 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
(A) A description and assessment of the 
progress made by such Secretary in imple-
menting training requirements for members of 
boards for the correction of military records 
under the jurisdiction of such Secretary. 
(B) A detailed description of the training 
curriculum required of such Secretary by para-
graph (1). 
(C) A description and assessment of any 
impediments to the implementation of training 
requirements for members of boards for the 
correction of military records under the juris-
diction of such Secretary. 
(5) SECRETARY CONCERNED DEFINED.—In this 
subsection, the term ‘‘Secretary concerned’’ means a 
‘‘Secretary concerned’’ as that term is used in sec-
tion 1552 of title 10, United States Code. 
SEC. 4. INCLUSIONS OF INSPECTORS GENERAL OF THE 
MILITARY 
DEPARTMENTS 
AND 
CERTAIN 
OTHER INSPECTORS GENERAL IN COUNCIL 
OF THE INSPECTORS GENERAL ON INTEG-
RITY AND EFFICIENCY. 
Section 11(b)(1) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by adding at the end 
the following new subparagraph: 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(J) The Inspectors General of the Army, 
the Navy, the Air Force, the Marine Corps, the 
National 
Guard 
Bureau, 
and 
the 
Coast 
Guard.’’. 
Æ 
VerDate Sep 11 2014 
01:10 May 12, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6301
E:\BILLS\H2190.IH
H2190
smartinez on DSK4TPTVN1PROD with BILLS