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Case 1:18-cv-00011-DAD-EPG Document 1 Filed 01/02/18 Page 7 of 13

destroyed in the 1973 fire. The AFMRS stated that because of the lack of records, it lacked documentary evidence demonstrating that Ms. James had been discharged based solely on her sexual orientation as she claimed in her application.

  27. In its October 11, 2017 letter, the AFBCMR required Ms. James to respond to the letter within 30 days, and Ms. James did so in rely mailed on November 9, 2017.

  28. The Air Force has not attempted to and cannot rebut the fact that Ms. James was discharged solely because she is lesbian. There is no evidence of any aggravating factors on the record that would otherwise explain Ms. James' discharge, and the destruction of her records cannot be held against her.
 
   29. On November 27, 2017, the Case Management Office of the AFBCMR confirmed in an email to one of Ms. James' attorneys, Chris Megaw, that the Board had reached a decision in Ms. James' case. The Case Management Office explained that it could not release that decision, however until it was reviewed and signed by the AFBCMR'S Executive Director. The Case Management Office refused to estimate when the decision would be finalized and sent to Ms. James.

   30.  That same day, Ms. James (through counsel) notified the AFBCMR that she intended to file suit no later than January 2, 2018 to seek Judicial intervention to compel the AFBCMR to act

   31.  The Case Management Office of the AFBCMR continues to refuse to provide any estimate of when it will finalize its decision, despite repeated requests from Ms. James' counsel.

    32.  Ms. James is a 90-year-old disabled veteran, anxious to receive a decision on her application for a discharge upgrade. For over 60 years, her less than honorable discharge has made her feel like a second-class citizen and not a true veteran. It has also prevented her from receiving benefits she rightfully earned, including education, insurance, and retirement benefits. Her less than honorable discharge will also prevent her from being buried in National

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COMPLAINT