Page:United States Statutes at Large Volume 102 Part 2.djvu/1024

This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2028


PUBLIC LAW 100-456—SEPT. 29, 1988

the armed forces meikes a complaint or discloses information that the member reasonably believes constitutes evidence of— "(A) a violation of a law or regulation; or "(B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. "(3) The Inspector General is not required to make an investigation under paragraph (1) in the case of an allegation made more than 60 days after the date on which the member becomes aware of the personnel action that is the subject of the allegation. "(4) If the Inspector General has not already done so, the Inspector General shall commence a separate investigation of the information that the member believes evidences wrongdoing as described in subparagraph (A) or (B) of paragraph (2). The Inspector General is not required to make such an investigation if the information that the member believes evidences wrongdoing relates to actions which took place during combat. "(5) Not later than 30 days after completion of an investigation under this subsection, the Inspector General shall submit a report on the results of the investigation to the Secretary of Defense and the member of the armed forces concerned. In the copy of the report submitted to the member, the Inspector General may exclude any information that would not otherwise be available to the member under section 552 of title 5. "(6) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by paragraph (5) within 90 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the member making the allegation a notice— "(A) of that determination (including the reasons why the report may not be submitted within that time); and "(B) of the time when the report will be submitted. "(7) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. "(d) CORRECTION OP RECORDS W H E N PROHIBITED ACTION TAKEN.—

(1) A board for the correction of military records acting under section 1552 of this title, in resolving an application for the correction of records made by a member or former member of the armed forces who has alleged a personnel action prohibited by subsection (b), on the request of the member or former member or otherwise, may review the matter. "(2) In resolving an application described in paragraph (1), a correction board— "(A) shall review the report of the Inspector General submitted under subsection (c)(5); "(B) may request the Inspector General to gather further evidence; and "(C) may receive oral argument, examine and cross-examine witnesses, take depositions, and, if appropriate, conduct an evidentiary hearing.