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Case 1:18-cv-00011-DAD-EPG Document 1 Filed 01/02/18 Page 2 of 13

COMPLAINT
Plaintiff Helen Grace James, a veteran of the United States Air Force and a resident of Clovis, California, hereby alleges:

INTRODUCTION
In 1955, Ms. James was forced to leave the United States Air Force and Air Force Reserves and denied an honorable discharge for only one reason: she is lesbian.  Ms. James is 90 years old, and she has petitioned the Air Force to upgrade her "general under honorable conditions" discharge to "honorable," to reflect her dedicated military service to our country and to right a wrong committed against her.  The Air Force has failed to act on Ms. James' petition within the statutorily required 18 months and thus Ms. James seeks an order from the Court requiring the Air Force to promptly upgrade her discharge status to "honorable."

JURISDICTION AND VENUE
1.   This action arises under the Fifth Amendment to the U.S. Constitution and the Administration Procedure Act, 5 U.S.C. 702, 706.  This Court has jurisdiction under 28 U.S.C. 1331, 1361, and 1651.
2.   Venue is proper in the Eastern District of California pursuant to 28 U.S.C. 139 (e)(1) because Plaintiff resides in Clovis, California, no real property is involved in this action, and Defendant Heather Wilson is sued in her official capacity as an officer of the United States.

PARTIES
3.   Plaintiff Helen Grace James is a veteran of the United States Air Force.  She is a citizen of the United States and resides in Clovis, California.
4.   Defendant Heather Wilson, Secretary of the Air Force, is sued in her official capacity.  Defendant has the power to act through the Air Force Board for Correction of Military Records ("AFBCMR") to change any record of a former member of the Air Force when necessary to correct an error or to remove an injustice.

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COMPLAINT

Transcription Notes:
Note: Left margin of document is numbered sequence in vertical fashion, numbers 1 thru 28 (numbers do not relate to content of document).