Sec. 521. Procedures for judicial review of military personnel decisions relating to correction of military records
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Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section: Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5, any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter. In this section, the term records correction final decision means any of the following decisions: A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title. A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title. A final decision issued by the Secretary concerned pursuant to section 1554a of this title. Except as provided in paragraphs
(3)and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless— the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and the Secretary concerned has rendered a final decision denying that correction in whole or in part. When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs: The Secretary of Defense makes a decision in the matter. The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires. If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs
(1)and
(2)do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. Paragraph
(1)shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction. A records correction final decision (other than in a matter to which paragraph
(2)applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision. In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision. Subparagraph
(A)applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under— chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or chapter 73 of this title. This section does not affect any cause of action arising under chapter 153 of title 28. . The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . Subsection
(g)of section 1034 of such title is amended by adding at the end the following new paragraph: In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member— a concise written statement of the basis for the decision; and a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . Subsection
(h)of such section is amended— by inserting
(1)before Upon the completion of all ; and by adding at the end the following new paragraph: The submittal of a matter to the Secretary of Defense by the member or former member under paragraph
(1)must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department 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 record of the member or former member, the Secretary of Defense shall provide the member or former member— a concise written statement of the basis for the decision; and a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . Such section is further amended— by redesignating subsections
(i)and
(j)as subsections
(j)and (k), respectively; and by inserting after subsection
(h)the following new subsection (i): A decision of the Secretary of Defense under subsection
(h)shall be subject to judicial review only as provided in section 1560 of this title. In a case in which review by the Secretary of Defense under subsection
(h)was not sought, a decision of the Secretary of a military department under subsection
(g)shall be subject to judicial review only as provided in section 1560 of this title. A decision by the Secretary of Homeland Security under subsection
(g)shall be subject to judicial review only as provided in section 1560 of this title. . Section 1552 of such title is amended by adding at the end the following new subsections: In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant— a concise written statement of the basis for the decision; and a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . Section 1554a of such title is amended— by redesignating subsection
(f)as subsection (h); and by inserting after subsection
(e)the following new subsections
(f)and (g): In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member— a concise written statement of the basis for the decision; and a written notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552, or 1554a of such title rendered on or after such date. This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1). The Secretary of the military department concerned and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.