Sec. 531. 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: 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: 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(f) of this title.
A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title. Notwithstanding subsection (a), a court in which judicial review of a records correction final decision is sought does not have jurisdiction to review any matter or issue raised in a petition of review that is not justiciable. Except as provided in paragraph (3), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section may not be obtained under this section or any other provision of law unless— the petitioner has requested a correction under section 1552 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.
In a case arising after the date of the enactment of this section in which the final 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 before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the Secretary of Defense has made a decision in the matter or the end of the period specified in that section for the Secretary to make such a decision, whichever occurs first.
In the case of a matter subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section in which judicial review is not precluded by reason of paragraph
(1)or (2), if judicial review of a records correction final decision of the matter is sought and if the petitioner for 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 such a request in a matter arising under section 1034 of this title) and if the court issues an order certifying a class in the case, the limitations of paragraphs
(1)and
(2)shall be inapplicable to any member of the class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. In the case of a records correction final decision that is issued on or after the date of the enactment of this section, such decision 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 two years after the date of the final decision other than in a matter to which paragraph
(2)applies. In the case of a records correction final decision that is issued on or after the date of the enactment of this section and which is described in subparagraph (B), such 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 not later than six years after 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. There shall be excluded from the computation of such six-year period the period
(i)beginning on the date of the filing with the Secretary of a request for correction of military records leading to the records correction final decision, and
(ii)ending on the date of such decision. A records correction final decision is described in this subparagraph to the extent that the decision, or portion of the decision, is a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination. In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to review any matter subject to correction under a provision of law specified in subsection (a)(2) except as provided in this section. 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
(f)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 notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. . Subsection
(g)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 notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. . Such section is further amended— by redesignating subsections
(h)and
(i)as subsections
(i)and (j), respectively; and by inserting after subsection
(g)the following new subsection (h): A decision of the Secretary of Defense under subsection
(g)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
(g)was not sought, a decision of the Secretary of a military department under subsection
(f)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
(f)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 notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review. 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 one year after the date of the enactment of this Act. The amendments made by this section shall apply to all final decisions of the Secretary of Defense under section 1034(g) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(f) or 1552 of such title, whether rendered before, on, or after the date of the enactment of this Act. During the period between the date of the enactment of this Act and the effective date specified in paragraph (1), in any case in which the final decision of the Secretary of Defense under section 1034(g) of title 10, United States Code, or the Secretary concerned under sections 1034(f) or 1552 of title 10, United States Code, results in denial, in whole or in part, of any requested correction of the record of a member or former member of the Armed Forces or the record of a claimant under such section 1552, the individual shall be informed in writing of the time for obtaining review of the decision pursuant to section 1560 of such title, as added by subsection (a). The Secretaries concerned (as defined in section 101(a)(9) of title 10, United States Code) may prescribe appropriate regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. In the case of the Secretary of a military department, such regulations may not take effect until approved by the Secretary of Defense. 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 subsection (d)(1).