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Case 1:8-cv-00011-DAD-EPG Document 1 Field 01/02/18 Page 6 of 13

Fresno, which was initiating a new bachelor's degree program in physical therapy. Ms. James taught in the program for 15 years and was awarded the honor of Professor Emeritus in Physical Therapy in 1989. She then went into private practice.
  21.    Despite these successes, Ms. James continues to be haunted by what happened to her in the military. She still struggles to cope with the fears and anxieties that have been with her since her first interaction with OSI. Ms. James still suffers from depression, shame, and thoughts of suicide. She continues to have trouble sleeping, and grapples with nightmares, flashbacks, and hypervigilance. Although she is currently in therapy (and has been on and off since she left the military), she is still traumatized by the military investigation and interrogation that occurred over 62 years ago.
 22. As her 90th birthday approached, Ms. James decided that this ordeal had been going on for long enough. On April 8, 2016, she applied to the AFBCMR to upgrade her discharge status to "honorable."
 23. On March 31, 2017,the National Personnel Records Center sent a letter to Ms. James notifying her that it was unable to locate her military personnel records. The National Personnel Center concluded that Ms. James' records were most likely destroyed in a 1973 fire at the Center's facility in St. Louis, Missouri. (A copy of that letter is attached hereto as Exh. B.)
 24. By Statute, the AFBCMR must take final action on all discharge applications within 18 months of receipt. 10 U.S. C. § 1557(b).
 25.On October 11, 2017—three days after the expiration of the 18-month deadline for final action — the AFBCMR sent Ms. James a letter notifying her that her case would be prepared for consideration. (A copy of that letter is attached hereto as Exh. C.)
 26. Included with the AFBCMR's October 11, 2017 letter was a separate advisory opinion from the Air Force Military Retirements and Separations Section of the Headquarters Air Force Personnel Center ("AFMRS"), which stated that it could offer no recommendation on Ms. James' application to upgrade her discharge status because Ms. James' records had been




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