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Case 1:18-cv-00011-DAD-EPG Document 1 Filed 01/02/18 Page 9 of 13

40. In 2010, Congress passed the Don't Ask, Don't Tell Repeal Act, Which allowed gays, lesbians, and bisexuals to serve openly in the United States Armed Forces. Pub. L. No. 111-321, 124 Stat. 3515 (2010)

41. In accordance with the repeal of DADT, the Under Secretary of Defense directed the boards for correction of military records to "normally grant request" for discharge upgrades or changes to narrative reasons for discharge "when the following conditions are met: (1) the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT and (2) there were no aggravating factors in the record, such as misconduct." 
Memorandum from Under Secretary of Defense Clifford L. Stanley, to the secretaries of the Military Departments, re: Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code (Sept. 20, 2011)(DADT Memo)(copy attached hereto as Exh. D)

42. The Under Secretary of Defense further explained that "the award of an honorable or general discharge"-such as the on Ms. James received in 1968-"should normally be considered to indicate the absence of aggravating factors." Id.

43. To apply for a discharge upgrade before the AFBCMR, the applicant must complete a form DD 149, which should include, at least, "(1) The name under which the member served. (2) The member's social security umber or Air Force service number. (3) The applicant's current mailing address. (4) The specific records correction being requested. (5) Proof of proper interest if requesting correction of another person's records. (6) The applicant's original signature." 32 U.S.C. [[?]] 865.3.
44. Since at least 1968-five years prior to the National Personnel Records Center fire-the Air Force has had an obligation to "make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of . . . persons directly affected by the agency's activities." 44 U.S.C. [[?]]3101 (emphasis added)

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Complaint