Page:United States Statutes at Large Volume 115 Part 2.djvu/99

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1083 concerned has not convened a special board and has not denied consideration by a special board in that case, the Secretary shall be deemed for the purposes of this subsection to have denied consideration of the case by a special board. "(B) If, six months after the convening of a special board in any case, the Secretary concerned has not taken final action on the report of the special board, the Secretary shall be deemed for the purposes of this subsection to have denied relief in such case. "(C) Under regulations prescribed under subsection (e), the Secretary of a military department may waive the applicability of subparagraph (A) or (B) in a case if the Secretary determines that a longer period for consideration of the case is warranted. Such a waiver may be for an additional period of not more than six months. The Secretary concerned may not delegate authority to make a determination under this subparagraph. "(g) EXISTING JURISDICTION.— Nothing in this section limits— "(1) the jurisdiction of any court of the United States under any provision of law to determine the validity of any law, regulation, or policy relating to selection boards; or "(2) the authority of the Secretary of a military department to correct a military record under section 1552 of this title.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1558. Review of actions of selection boards: correction of military records by special boards; judicial review. ". (b) SPECIAL SELECTION BOARDS. —Section 628 of such title is amended— (1) by redesignating subsection (g) as subsection (k); and (2) by inserting after subsection (f) the following new subsections: "(g) JUDICIAL REVIEW.—(1)(A) A court of the United States may review a determination by the Secretary of a military department under subsection (a)(1) or (b)(1) not to convene a special selection board in the case of any person. In any such case, the court may set aside the Secretary's determination only if the court finds the determination to be— "(i) arbitrary or capricious; "(ii) not based on substantial evidence; "(iii) a result of material error of fact or material administrative error; or "(iv) otherwise contrary to law. "(B) If a court sets aside a determination by the Secretary of a military department not to convene a special selection board under this section, it shall remand the case to the Secretary concerned, who shall provide for consideration by such a board. "(2) A court of the United States may review the action of a special selection board convened under this section or an action of the Secretary of the military department concerned on the report of such a board. In any such case, a court may set aside the action only if the court finds that the action was— "(A) arbitrary or capricious; "(B) not based on substantial evidence; "(C) a result of material error of fact or material administrative error; or "(D) otherwise contrary to law.

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