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Case 1:18-cv-00011-DAD-EPG Document 1 Filed 01/02/18 Page 10 of 13
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45. An individual aggrieved by agency action may seek judicial review in a United States District Court pursuant to the Administrative Procedure Act, 5 U.S.C  §§ 702, 706.
46. This Court has jurisdiction to issue a writ of mandamus under 28 U.S.C. § 1641 to compel an agency to take a discrete action that is legally required under 5 U.S.C. § 706(1) and unlawfully withheld. See Norton v. Southern Utah Wildlife Alliance, 542 U.S. 55, 63 (2004).

CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
Administrative Procedure Act, 5 U.S.C. § 706
Agency Action Unlawfully Withheld or Unreasonably Delayed

47. The allegations of the preceding paragraphs are incorporated by reference as if fully set forth herein.
48. Under the APA, a federal agency is required to act "within a reasonable time ... to conclude a matter presented to it." 5 U.S.C. § 555(b). Congress authorized U.S. District Courts to compel agency action that is "unlawfully withheld or unreasonably delayed." 5 U.S.C. § 706(1).
49. By statute, the AFBCMR was required to reach a decision on Ms. James; application within 18 months of receipt. 10 U.S. C. § 1557(b).
50. It has been more than 18 months since Ms. James filed her application to upgrade her discharge to "honorable" (mailed on April 8, 2016).
51. To the extent Defendant, through the AFBCMY, is still reviewing Ms. James' April 2016 application, she has unlawfully withheld or unreasonably delayed adjudication of a matter that was first brought before it over 18 months ago, does not involve an overly lengthy or voluminous record, and concerns a 90-year-old disabled veteran.
52.  Defendant, through the AFBCMR, has unlawfully withheld or unreasonably delayed a decision in adjudicating Ms. James' application in violation of 10 U.S. C. § 1557(b) and the Administrative Procedure Act, 5 U.S.C. § 706.

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COMPLAINT