Summary: S.1130 — 114th Congress (2015-2016)All Information (Except Text)

There is one summary for S.1130. Bill summaries are authored by CRS.

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Introduced in Senate (04/29/2015)

Legal Justice for Servicemembers Act of 2015

This bill revises whistle blower protections for members of the Armed Forces.

Prohibited personnel actions shall include:

  • a superior's failure to respond to retaliatory action or harassment taken against a subordinate; and
  • action that could be understood as an attempt to dissuade a service member from making or preparing a communication, or participating in any other activity.

A service member may opt out of a military branch investigation in favor of an investigation by the Department of Defense Office of the Inspector General (DODIG).

An investigating Inspector General (IG) may impose a 90-day stay of a personnel action, which may be extended by the military department concerned to complete an investigation, in order to prevent undue hardship to a service member if reasonable grounds exist to believe that a prohibited personnel action has occurred.

Periodic notice must be given to service members on the progress of IG investigations.

IG recommendations for disposition of complaints must include recommendations for disciplinary actions against the person who committed the prohibited personnel action, against a superior who knew or should have known but failed to address the action, or both.

An investigating IG shall submit a substantiated investigation to the appropriate military corrections board unless the service member requests otherwise.

Service members may request a corrections board hearing under specified circumstances.

DODIG shall prescribe uniform standards for: (1) investigation of allegations of prohibited personnel actions, and (2) staff training.

The investigative evidentiary burden of proof shall be "clear and convincing evidence."

Provisions are revised for improvements to authorities and procedures for correction of military records, including permitting a claimant to seek judicial review of a board's determination in an appropriate U.S. court.

The Inspector General Act of 1978 is amended to include the Inspectors General of the Army, the Navy, the Air Force, the Marine Corps, the National Guard Bureau, and the Coast Guard in the Council of Inspectors General on Integrity and Efficiency.