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Case 1:18-cv-00011-DAD-EPG Document 1 Filed 01/02/18 Page 11 of 13 


SECOND CLAIM FOR RELIEF
Fifth Amendment to the U.S. Constitution 
Violation of Procedural Due Process 

53. The allegations of the preceding paragraphs are incorporated by reference as if fully set forth herein.

54. The Due Process Clause of the Fifth Amendment to the U.S. Constitution requires federal agencies to conduct adjudications in a fair manner. It also requires agencies to follow their own rules, procedures and deadlines. 

55. The failure of the Defendant through the AFBCMR, to issue a decision on Ms. James' application to upgrade her discharge status to "honorable" after 18 months violates 10 U.S.C. § 1557 and deprives Ms. James of the fundamental fairness in administrative adjudications guaranteed by the Due Process Claus of the Fifth Amendment.

THIRD CLAIM FOR RELIEF
Writ of Mandamus, 28 U.S.C § 1651

56. The allegations of the preceding paragraphs are incorporated by reference as if fully set forth herein.

57. This Court may issue a writ of mandamus pursuant to 28 U.S.C. § 1651 to compel Defendant, through the AFBCMR, to take an action it is legally required to take. 

58. Defendant, though the AFBCMR, failed to make a final decision on Ms. James' application within 18 months of submission, an action it was legally required to take under U.S.C. § 1557(b) and continues to unlawfully withhold with no indication of when it will be completed.

59. Ms. James is entitled to a writ of mandamus pursuant to 28 U.S.C § 1561 compelling Defendant to make a final decision on her application.

PRAYER FOR RELIEF

Plaintiff respectfully requests that this Court grant the following relief:

10 Case No.
COMPLAINT

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