,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #cbji  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ab1 #bjag,ms4 
,herrera ,beutler 7for herself and ,ms4 
,tsongas7 introduced the following bill2
 which was referred to the ,committee on
 ,armed ,services  ,a ,,bill  ,to amend 
title #aj1 ,united ,states ,code1 to    
improve protections for a member of the 
,armed ,forces who is a survivor of a   
sex-related offense during military     
service regarding the separation1 or the
 characterization of any separation1 of 
the member from the ,armed ,forces1 to  
make additional changes to the          
authorities and procedures of boards for
 the correction of military records and 
discharge review boards1 and for other  
purposes4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,protecting         
,military ,honor ,act4  7b7 ,table of   
contents ,the table of contents for this
 ,act is as follows3  ,sec4 #a4 ,short  
title2 table of contents4 ,sec4 #b4     

,confidential review of characterization
 of terms of discharge of members who   
are survivors of sex-related offenses4  
,sec4 #c4 ,authority for discharge      
review boards to refer certain          
applications for relief to the ,physical
 ,disability ,board of ,review4 ,sec4   
#d4 ,public availability of information 
related to disposition of claims        
regarding discharge or release of       
members of the ,armed ,forces when the  
claims involve sex-related offenses4    
,sec4 #e4 ,training requirements4 ,sec4 
#f4 ,other improvements to authorities  
and procedures for the correction of    
military records4 ,sec4 #g4 ,burdens of 
proof applicable to investigations and  
reviews related to protected            
communications of members of the ,armed 
,forces and prohibited retaliatory      
actions4 ,sec4 #h4 ,administrative      
separation protections for members of   
the ,armed ,forces who are survivors of 
sex-related offenses4 ,sec4 #i4         
,department of ,defense working group on

 administrative review boards4  #b4     
,confidential review of characterization
 of terms of discharge of members who   
are survivors of sex-related offenses   
7a7 ,codification of current            
confidential process  7#a7 ,codification
 ,chapter #gi of title #aj1 ,united     
,states ,code1 is amended by inserting  
after section #aeed;a a new section     
#aeed;b consisting of--  7,a7 a heading 
as follows3  #aeed;b4 ,confidential     
review of characterization of terms of  
discharge of members of the armed forces
 who are survivors of sex-related       
offenses  2  and  7,b7 a text consisting
 of the text of section #edg of the     
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjae 7#aj ,u4,s4,c4  
#aeec note1 ,public ,law #aac-bia74     
7#b7 ,clerical amendment ,the table of  
sections at the beginning of chapter #gi
 of such title is amended by inserting  
after the item relating to section      
#aeed;a the following new item3         
#aeed;b4 ,confidential review of        

characterization of terms of discharge  
of members of the armed forces who are  
survivors of sex-related offenses4  4   
7#c7 ,conforming repeal ,section #edg of
 the ,national ,defense ,authorization  
,act for ,fiscal ,year #bjae 7#aj       
,u4,s4,c4 #aeec note1 ,public ,law      
#aac-bia7 is repealed4  7b7             
,clarification of applicability to      
individuals who allege sex-,related     
offenses during military service        
,subsection 7a7 of section #aeed;b of   
title #aj1 ,united ,states ,code1 as    
added by subsection 7a7 of this section1
 is amended by striking sex-related     
offense and inserting the following3    
sex-related offense1 or alleges that the
 individual was the survivor of a       
sex-related offense14  7c7 ,additional  
requirements for consideration of       
evidence ,subsection 7b7 of section     
#aeed;b of title #aj1 ,united ,states   
,code1 as added by subsection 7a7 of    
this section1 is amended--  7#a7 by     
striking and at the end of paragraph    

7#a72  7#b7 by striking the period at   
the end of paragraph 7#b7 and inserting 
2 and2 and  7#c7 by adding at the end   
the following new paragraph3  7#c7 to   
give liberal consideration to all       
available evidence that a sex-related   
offense occurred1 including evidence    
from sources other than records of the  
armed force concerned that may          
corroborate the individual's account of 
the sex-related offense 7including      
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 offense74  4  7d7       
,medical advisory opinions in connection
 with sex-,related offenses ,section    
#aeed;b of title #aj1 ,united ,states   
,code1 as added by subsection 7a71 is   
amended-- 7#a7 by redesignating         
subsection 7d7 as subsection 7e72 and   
7#b7 by inserting after subsection 7c7  
the following new subsection 7d73  7d7  
,medical advisory opinions ,any medical 

advisory opinion issued to a board      
established in accordance with this     
chapter in the case of a review carried 
out in accordance with the process      
established under this section shall    
include the opinion of a psychologist or
 psychiatrist with training in sexual   
trauma cases4  4  7e7 ,conforming       
amendments ,section #aeed;b of title    
#aj1 ,united ,states ,code1 as added by 
subsection 7a71 is further amended--    
7#a7 by striking ,armed ,forces each    
place it appears in subsections 7a7 and 
7b7 and inserting armed forces2  7#b7 in
 subsection 7a7-- 7,a7 by striking      
boards for the correction of military   
records of the military department      
concerned and inserting boards of the   
military department concerned           
established in accordance with this     
chapter2 and  7,b7 by striking such an  
offense and inserting a sex-related     
offense2  7#c7 in subsection 7b71       
striking boards for the correction of   
military records in the matter preceding

 paragraph 7#a7 and inserting boards of 
the military department concerned       
established in accordance with this     
chapter2 and  7#d7 in subsection 7e71 as
 redesignated by subsection 7d77#a7--   
7,a7 in paragraph 7#a71 by striking     
title #aj1 ,united ,states ,code and    
inserting this title2 and  7,b7 in      
paragraphs 7#b7 and 7#c71 by striking   
such title and inserting this title4    
#c4 ,authority for discharge review     
boards to refer certain applications for
 relief to the ,physical ,disability    
,board of ,review  7a7 ,authority for   
discharge review boards ,to refer for   
disability review ,section #aeec7;b7 of 
title #aj1 ,united ,states ,code1 is    
amended to read as follows3  7b7  7#a7  
,to reflect its findings1 a board       
established under this section may--    
7,a7 change a discharge or dismissal2   
7,b7 issue a new discharge2 or  7,c7 in 
the case of a former member whose       
application for relief is based in whole
 or in part on matters relating to a    

sex-related offense1 post-traumatic     
stress disorder1 or traumatic brain     
injury1 refer the application for relief
 to the ,physical ,disability ,board of 
,review established under section       
#aeed;a of this title for review under  
such section4  7#b7 ,any action of the  
board under this subsection is subject  
to review by the ,secretary concerned4  
4  7b7 ,treatment of referral ,section  
#aeed;a of title #aj1 ,united ,states   
,code1 is amended--  7#a7 by            
redesignating subsection 7f7 as         
subsection 7g72 and  7#b7 by inserting  
after subsection 7e7 the following new  
subsection 7f73  7f7 ,referrals from    
discharge review board  7#a7 ,except as 
provided in paragraph 7#b71 a referral  
for review pursuant to section          
#aeec7;b77#a77;,c7 of this title shall  
be treated as a request for review by a 
covered individual for purposes of this 
section4  7#b7 ,in the case of a        
referral for review pursuant to section 
#aeec7;b77#a77;,c7 of this title-- 7,a7 

a previous disability determination by a
 ,physical ,evaluation ,board shall not 
be required2 and  7,b7 subsection       
7c77#d7 shall not apply4  4  #d4 ,public
 availability of information related to 
disposition of claims regarding         
discharge or release of members of the  
,armed ,forces when the claims involve  
sex-related offenses  7a7 ,boards for   
the correction of military records      
,section #aeeb7;h7 of title #aj1 ,united
 ,states ,code1 as added by section     
#ecc7;a7 of the ,national ,defense      
,authorization ,act for ,fiscal ,year   
#bjag 7,public ,law #aad-cbh71 is       
amended by adding at the end the        
following new paragraph3  7#d7 ,the     
number and disposition of claims        
submitted 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 contributed1 whether in whole or
 in part1 to the original               
characterization of the discharge or    

release of the claimant4  4  7b7        
,discharge review ,boards ,section      
#aeec7;f7 of title #aj1 ,united ,states 
,code1 as added by section #ecc7;b7 of  
the ,national ,defense ,authorization   
,act for ,fiscal ,year #bjag 7,public   
,law #aad-cbh71 is amended by adding at 
the end the following new paragraph3    
7#d7 ,the number and disposition of     
claims submitted 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 contributed1 whether
 in whole or in part1 to the original   
characterization of the discharge or    
release of the claimant4  4  #e4        
,training requirements  7a7 ,members of 
boards for the correction of military   
records ,section #ecd7;c77#a7 of the    
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjag 7,public ,law   
#aad-cbh2 #aj ,u4,s4,c4 #aeeb note7 is  
amended by adding at the end the        
following new sentence3 ,this curriculum

 shall also address the proper handling 
of claims in which a sex-related offense
 is alleged to have contributed to the  
original characterization of the        
discharge or release of the claimant1   
including guidelines for the            
consideration of evidence substantiating
 such allegations in accordance with the
 requirements of section #aeed;b7b77#c7 
of title #aj1 ,united ,states ,code44   
7b7 ,department of defense personnel who
 investigate claims of retaliation      
,section #edf7;a7 of the ,national      
,defense ,authorization ,act for ,fiscal
 ,year #bjag 7,public ,law #aad-cbh7 is 
amended by striking section4 and        
inserting section1 including guidelines 
for the consideration of evidence       
substantiating such allegations in      
accordance with the requirements of     
section #aeed;b7b77#c7 of title #aj1    
,united ,states ,code44  #f4 ,other     
improvements to authorities and         
procedures for the correction of        
military records  7a7 ,boards for the   

correction of military records  7#a7    
,use of secretarial authority to correct
 military records ,section #aeeb7;a77#a7
 of title #aj1 ,united ,states ,code1 is
 amended by striking may both places it 
appears and inserting shall4  7#b7      
,indexing of published decisions        
,paragraph 7#e7 of section #aeeb7;a7 of 
title #aj1 ,united ,states ,code1 is    
amended to read as follows3  7#e7       
,beginning ,october #a1 #bjah1 each     
final decision of a board under this    
subsection shall be made available to   
the public in electronic form on a      
centralized ,internet website4 ,the     
information provided shall include a    
summary of each decision1 to be indexed 
by subject matter1 except that the      
,secretary shall protect the privacy of 
claimants by redacting all personally   
identifiable information4  4  7b7       
,discharge ,review ,boards  7#a7 ,repeal
 of #ae-year statute of limitations on  
motions or requests for review ,section 
#aeec7;a7 of title #aj1 ,united ,states 

,code1 is amended by striking the second
 sentence4  7#b7 ,telephonic            
presentation of evidence ,section       
#aeec7;c7 of title #aj1 ,united ,states 
,code1 is amended in the second sentence
 by striking or by affidavit and        
inserting 1 by affidavit1 or by         
telephone or video conference4  7c7     
,effective date ,the amendments made by 
this section shall take effect on       
,october #a1 #bjah4  #g4 ,burdens of    
proof applicable to investigations and  
reviews related to protected            
communications of members of the ,armed 
,forces and prohibited retaliatory      
actions  7a7 ,in general ,section #ajcd 
of title #aj1 ,united ,states ,code1 is 
amended--  7#a7 by redesignating        
subsections 7i7 and 7j7 as subsections  
7j7 and 7k71 respectively2 and  7#b7 by 
inserting after subsection 7h7 the      
following new subsection 7i73  7i7  7#a7
 ,for purposes of this section1 there is
 sufficient basis to conclude that a    
personnel action prohibited by          

subsection 7b7 has occurred if the      
communication made by the member or     
former member was a contributing factor 
in the personnel action that was taken1 
or is to be taken1 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 communication4    
7#b7 ,a member or former member may     
demonstrate that the communication was a
 contributing factor in the personnel   
action through circumstantial evidence1 
such as evidence that--  7,a7 the       
official taking the personnel action    
knew of the communication2 and  7,b7 the
 personnel action occurred within a     
period of time such that a reasonable   
person could conclude that the          
communication was a contributing factor 
in the personnel action4  4  7b7        
,effective date ,the amendment made by  
subsection 7a7 shall take effect on the 
date that is #cj days after the date of 
the enactment of this ,act1 and shall   

apply with respect to allegations       
pending or submitted under section #ajcd
 of title #aj1 ,united ,states ,code1 on
 or after that date4  #h4               
,administrative separation protections  
for members of the ,armed ,forces who   
are survivors of sex-related offenses   
7a7 ,covered member defined ,in this    
section1 the term covered member means a
 member of the ,armed ,forces who is    
diagnosed with a mental health condition
 related to a sex-related offense that  
occurred during the member's service in 
the ,armed ,forces4  7b7 ,limitations on
 separation for a mental disorder not   
constituting a physical disability  7#a7
 ,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    
disability1 unless the diagnosis of such
 disorder has been--  7,a7 corroborated 
by a peer or higher-level mental health 
professional2 and  7,b7 endorsed by the 
,surgeon ,general of the military       

department concerned4  7#b7 ,co-morbid  
,,ptsd diagnosis ,unless found fit for  
duty by the disability evaluation       
system1 a covered member shall not be   
separated on the basis of a personality 
disorder or other mental disorder not   
constituting a physical disability if   
service-related post-traumatic stress   
disorder is also diagnosed4  7c7        
,effective date ,this section shall take
 effect #ahj days after the date of the 
enactment of this ,act4  #i4 ,department
 of ,defense working group on           
administrative review boards  7a7       
,establishment and purpose ,the         
,secretary of ,defense shall establish a
 ,department of ,defense working group  
for the purpose of identifying and      
making recommendations to the ,secretary
 of ,defense on best practices and      
procedures to be used by boards for the 
correction of military records and      
discharge review boards in carrying out 
their responsibilities under chapter #gi
 of title #aj1 ,united ,states ,code1   

and in granting relief to claimants     
under that chapter4  7b7 ,consultation  
,in carrying out the responsibilities of
 the working group1 members of the group
 shall consult1 as appropriate1 with    
civilian practitioners of military law  
and representatives of organizations    
that have experience in cases before    
boards for the correction of military   
records and discharge review boards4    
7c7 ,reports required  7#a7 ,initial    
report ,not later than #ahj days after  
the date of the establishment of the    
working group1 the ,secretary of        
,defense shall submit to the ,committees
 on ,armed ,services of the ,senate and 
the ,house of ,representatives a report 
containing the findings and             
recommendations of the working group4   
7#b7 ,subsequent report ,not later than 
two years after the date of the         
establishment of the working group1 the 
,secretary of ,defense shall submit 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--  7,a7 all recommendations of 
the working group that have been or are 
being implemented by boards for the     
correction of military records and      
discharge review boards2 and  7,b7 the  
results of the implementation of such   
recommendations4