MJA News and Announcements

It was an exciting, fast-paced, and ground-breaking year for MJA filled with battles won, new clients we were proud to represent, and expansion into new and existing practice areas.

In 2023, MJA fought victoriously for clients at courts-martial, administrative separation boards, correction boards, and confinement review hearings. MJA also continued to fight for service members unfairly discharged under the military’s COVID-19 vaccine mandate and defended service members facing a host of adverse administrative actions—with specular results.

Through it all, MJA has worked diligently to provide our clients with the highest quality representation and to fulfill our mission to Defend Those Who Defend Us.

COURTS-MARTIAL DEFENSE

MJA’s court-martial practice saw continued success in 2023, resulting in full acquittals at trial, withdrawal of charges from numerous courts-martial, the release of service members from unlawful pretrial confinement, and even charges being dismissed with prejudice.

One memorable case involved a Corporal in the United States Marine Corps who was falsely accused at court-martial of sexually assaulting another service member’s spouse. Working closely with detailed defense counsel, MJA successfully litigated multiple pretrial motions critical to the defense case and obtained DNA testing to corroborate the Marine’s story. At trial, MJA and detailed counsel exposed deficiencies in the government’s evidence and the investigative bias of multiple government actors. After hearing all the evidence, the jury granted the Marine a “full acquittal” and returned a verdict of NOT GUILTY.

In another case, an Army Staff Sergeant was charged at court-martial with larceny and solicitation to commit larceny of government property in violation of Articles 82 and 121, UCMJ. After refusing to take a “deal” offered by the government, the SSG hired MJA to defend him at trial where he faced the possibility of confinement, a punitive discharge, and the loss of all medical benefits, if convicted. MJA worked closely with military counsel to expose weaknesses in the government’s case and demonstrated that the charges were the product of false assumptions and a defective investigation. The jury found the Soldier NOT GUILTY on all charges.

In addition to full acquittals, MJA successfully moved for charges to be dismissed with prejudice in one general court-martial. In that case, an Army Private First Class was charged with an alleged sexual assault. After refusing to take a “deal” offered by the Government, the Soldier retained MJA to defend him at court-martial. During trial, MJA discovered that the Government had failed to provide important evidence helpful to the client’s case and moved to dismiss the case with prejudice. MJA later learned that this was not the only violation that had occurred, and that other evidence helpful to the defense had also not been provided. After hearing all the evidence, the Court determined that the continual discovery violations prejudiced the defense and that dismissal “with prejudice” was the only just remedy.

Court-martial defense remains at the heart of MJA’s military law practice. It means the world to us that we are able to know our clients personally, fight for them in their darkest hour, and share in their celebration when we succeed!

CAMP LEJEUNE JUSTICE ACT

One of the most ground-breaking legal developments in 2022 was the passage of the Camp Lejeune Justice Act. In 2023, MJA filed claims and lawsuits on behalf of eligible clients and continues to take an active role representing Marines and their families in this litigation.

As background, for over 30 years Marines, their loved ones, and civilian contractors living and working aboard at Camp Lejeune and MCAS New River were exposed to drinking water systems contaminated with industrial chemicals. Numerous types of cancer, Parkinson’s disease, birth defects, female infertility, and other health conditions have been linked to these contaminants. After years of denying justice to those harmed by the contaminated water, the Camp Lejeune Justice Act became law in 2022, creating a federal cause of action to allow those who suffered from water contamination to file lawsuits for compensation.

As Marines ourselves, MJA immediately became involved in the litigation and is proud to represent Marines and their families who were harmed by the contaminated drinking water at Camp Lejeune.

COVID-19 VACCINE MANDATE RESCINDED

Christmas came early in 2022 with Congress deciding to rescind the COVID-19 vaccine mandate. On December 23, 2022, President Biden signed the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY23) into law, requiring the Secretary of Defense to rescind the mandate that members of the U.S. Armed Forces be vaccinated against COVID-19.

On 10 January 2023, the Secretary of Defense officially rescinded the vaccine mandate. Although recission of the inane mandate was the first step, thousands of service members were unjustly discharged for not taking the vaccine. Many others received adverse material in their military records, lost pay and retirement points, or experienced other adverse consequences.

Since the recission, MJA has begun working with veterans to appeal their discharges and characterizations of service. Pursuant to federal law, each military branch maintains a Discharge Review Board (DRB) which meets regularly to review submissions and hear oral arguments in favor of applicants. The DRBs are authorized to reconsider discharges not ordered by sentence of a general court-martial and non-medical in nature; upgrade characterizations of service; issue re-enlistment codes; and restore rank as a matter of propriety and/or equity and fairness.

ADMINISTRATIVE SEPARATION DEFENSE

MJA successfully represented numerous service members facing administrative separation in 2023 for allegations ranging from drug abuse to sexual assault.

In one notable case, a Soldier nearing his Expiration Term of Service (ETS) was notified of administrative separation for allegations of domestic violence, sexual assault, and adultery. Faced with multiple accusers and the possibility of an Other than Honorable (OTH) discharge, the Soldier retained MJA to fight the allegations. MJA zealously advocated for the Soldier both before and during the board, discovering evidence which contradicted the allegations and exposing weaknesses and bias in the government’s case. After hearing all the evidence, the members unsubstantiated the allegations of sexual assault and domestic violence and voted to RETAIN the Soldier on active duty, allowing him to reach his ETS.

In a National Guard separation action, a Captain in the Army National Guard was directed to show cause for retention at a Withdrawal of Federal Recognition (WOFR) proceeding, i.e., separation action. MJA successfully litigated allegations of assault/battery by conducting its own in-depth investigation and by preparing a sound legal defense that included presentation of key witness testimony as well as irrefutable video and documentary evidence. The Board unanimously voted to retain the officer to continue his military career.

MJA also fought to ensure Soldiers were not separated under the Army Qualitative Management Program (QMP). In one case, a Sergeant First Class was notified of an Immediate Reenlistment Prohibition (IMREPR) Code 13 based on adverse information being officially filed in his Army Military Human Resource Record (AMHRR), making him eligible for consideration by the QMP board. MJA worked with the Soldier to respond to the notification by rebutting the underlying allegations and providing evidence in extenuation and mitigation. After conducting a comprehensive review of the Soldier’s record and his written response, the QMP recommended the Soldier’s retention on active duty.

These are just a few of the many results MJA saw in its administrative separation defense. MJA is honored to fight for the careers of servicemembers.

ADMINISTRATIVE REBUTTALS / APPEALS

In our administrative rebuttals and appeals practice, MJA has helped numerous service members overcome adverse administrative actions they were facing.

In an Air Force demotion action, a Technical Sergeant (E-6) was administratively demoted to Staff Sergeant (E-5) following the Airman’s lawful refusal of non-judicial punishment. MJA petitioned the Appellate Authority for full restoration of rank and related relief. MJA presented evidence on appeal showing that the chain of command seemingly violated the Airman’s rights surrounding protected communications and abused its authority with respect to DAFI 36-2502. The Appellate Authority granted the Airman’s appeal, terminating the demotion proceeding and restoring the Airman’s rank.

In a suspected drug abuse case, a Sailor tested positive for a prescription drug following a random urinalysis. In response to the positive urinalysis, MJA provided evidence to the command showing that the Sailor had not knowingly and wrongfully used a controlled substance and that the positive urinalysis was not a drug abuse incident requiring mandatory separation processing. The Commanding Officer agreed, ruling that the incident was not drug abuse, and closed the matter without taking adverse action against the Sailor.

In another case, a Lance Corporal in the United States Marine Corps was placed on an extended legal hold beyond his End of Active Service (EAS) date pending adjudication of false allegations of domestic violence and a legally untenable initial determination of drug abuse. MJA expertly guided the client through the command’s drawn-out investigative process and legal hold. MJA zealously represented the Lance Corporal and advocated for no legal action. Ultimately, the convening authority agreed that no wrongful use occurred and there was no probable cause to prefer charges for domestic violence or assault consummated by battery.

In other administrative actions, MJA successfully worked to get sexual harassment allegations unsubstantiated, GOMORs rescinded or locally file, and other adverse action avoided.

MILITARY CORRECTION BOARD APPEALS

At the military’s correction boards, MJA helped clients upgrade their characterization of service, expunge titling and indexing determinations, and remove unfavorable records from their official military personnel file.

In a case before the Army Discharge Review Board (ADRB), a Private was involuntarily discharged from the United States Army under Other Than Honorable Conditions for Misconduct after receiving Article 15 punishment and a summary court-martial conviction for alleged violations of Articles 86, 87, 90, and 91, UCMJ. Due to his characterization of service, the Private was unable to receive critical VA medical treatment related to service-connected injuries. The Soldier retained MJA after unsuccessfully petitioning the ADRB for a discharge upgrade on his own and being denied relief. MJA reviewed the Soldier’s military records and submitted extensive evidence and arguments to the ADRB demonstrating that the Soldier did not commit serious misconduct and should not have been discharged with an OTH. The DRB agreed and upgraded the Soldier’s characterization of service to General Under Honorable Conditions, allowing him to reapply for VA medical coverage.

In another case, the Naval Discharge Review Board (NDRB) upgraded a Sailor’s discharge to fully honorable. In that case, a Hospitalman (E-3) in the United States Navy was administratively discharged with a general (under honorable conditions) characterization of service for a condition not a disability. MJA appealed to the NDRB and provided substantial evidence that the Sailor’s substantive and procedural rights were violated during the separation process and that a general discharge was unjust under the circumstances. The NDRB agreed with MJA that the Sailor’s service met the standards of acceptable conduct and performance and upgraded the Sailor’s characterization of service to fully honorable.

Titling appeals, in particular, are extremely difficult. In one memorable case, MJA represented an Army Private First Class (E-3) at the Army Board for Correction of Military Records (ABCMR). The PFC was titled and indexed by the Army Criminal Investigation Division for assault consummated by battery after a domestic incident with her spouse. The Soldier was never taken to court-martial or nonjudicial punishment and was later honorably discharged. Despite these facts, the Soldier remained titled and later learned that she was disqualified from working in the healthcare field due to the titling action. After USACID refused to remove the titling entry, MJA appealed the decision to the ABCMR. The Board determined that the Soldier was the victim of domestic physical abuse and should not have been titled. The ABCMR granted the Soldier full relief and recommended that all Department of the Army records concerning the Soldier be corrected by removing her name from the title block of the law enforcement report.

THANK YOU!

MJA is thankful for all the clients we were able to help in 2023 and looks forward to fighting for more service members in 2024. If you or a loved one need an experienced military attorney in your corner, contact us today for a free consultation.

May 1, 2023 – Press Release

MJA is excited to announce that Chip Hodge – who joined our firm last July – has moved into a full-time role as Partner. Chip’s practice areas include military administrative and criminal defense, civil litigation, and family law.

Chip, a retired Lieutenant Colonel in the United States Marine Corps, last served as the Deputy Staff Judge Advocate for Marine Forces Reserve and Marine Forces South, an organization of approximately 100,000 Marines serving in an active or reserve status.

Before that, Chip was hand-selected to serve as Deputy, Military Justice Branch, Judge Advocate Division at Headquarters Marine Corps, Pentagon. Chip also served as Senior Trial Counsel and Deputy Officer-in-Charge at the Legal Services Support Section-National Capital Region and Marine Forces Reserve.

Chip received his Juris Doctor from Georgia State University College of Law, his Master’s in Business Administration from the University of Memphis Fogelman College of Business and Economics, and his Bachelor of Arts in International Business from Rhodes College (TN). He is a member of the Georgia and South Carolina bar.

Chips lives in the foothills of the Blue Ridge mountains with his wife and kids and their newfoundland, Memphis. In his spare time, Chip enjoys playing soccer, watching the Pelicans play basketball, and working as a gentleman farmer. 

The post Chip Hodge Named as MJA Partner appeared first on Military Justice Attorneys.

It was an exciting, fast-paced, and ground-breaking year for MJA filled with battles won, grateful clients, and expansion into new and existing practice areas.

In 2022, MJA fought victoriously for clients at courts-martial, administrative separation hearings, and military correction boards. MJA also led the fight against the military’s unlawful COVID-19 vaccine mandates (which have now been rescinded), defended service members in civil actions whose statutory rights were violated, and expanded our practice to include parole and clemency hearings—all with spectacular results.

It was also a year that MJA welcomed a new team member to the firm, retired Marine Lieutenant Colonel Chip Hodge, and saw the Camp Lejeune Justice Act become law–creating, for the first time, a federal cause for those injured by contaminated water to pursue claims for damages. Through it all, MJA has worked diligently to provide the highest quality representation to our clients and to fulfill our mission to Defend Those Who Defend Us.

COURTS-MARTIAL

MJA’s court-martial practice saw unprecedented success in 2022, resulting in full acquittals at trial, withdrawal and dismissal of charges, the release of service members from unlawful pretrial confinement and restriction, parole for a post-trial veteran, and even dismissal with prejudice of charges at a general court-martial. 

One memorable case in 2022 involved a young Master-at-Arms Third Class (E-4) in the United States Navy who refused to take the “deal” offered by the Government and instead fought for his innocence at court-martial. After being charged with dereliction of duty for allegedly unholstering his firearm and pointing it at another Master-at-Arms, the Sailor retained MJA to defend him at court-martial where he faced the possibility of a punitive discharge, confinement, and reduction in rank, if convicted. At trial, MJA created reasonable doubt on whether the Sailor was acting in self-defense by unholstering his firearm. After hearing all the evidence, the jury deliberated for less than an hour before returning a verdict of “NOT GUILTY.”

MJA also expanded its practice in 2022 to include representation before the Department of Defense’s Clemency and Parole Boards.

MJA represented at the Naval Clemency and Parole Board a Marine convicted at general court-martial of violating Articles 92, 114, and 119, UCMJ, and sentenced to 69 months of confinement. While serving confinement, the Marine petitioned for and was denied parole. The Marine retained MJA to fight for his release. MJA prepared and submitted to the NC&PB an extensive petition showing that the Marine met the criteria for parole and appeared telephonically at the board hearing to advocate on his Marine. The NC&PB agreed with MJA and approved the Marine’s request for parole!

CAMP LEJEUNE JUSTICE ACT

One of the most ground-breaking legal developments in 2022 was the passage of the Camp Lejeune Justice Act.

For over 30 years, Marines, their loved ones, and civilian contractors stationed and/or working at MCB Camp Lejeune and MCAS New River were exposed to drinking water systems contaminated with industrial chemicals. Numerous types of cancer, Parkinson’s disease, birth defects, female infertility, and other health conditions have been linked to these contaminants.

After years of denying justice to those harmed by the contaminated water, the Camp Lejeune Justice Act became law in 2022, creating a federal cause of action to allow those who suffered from water contamination to file lawsuits for compensation. As Marines ourselves, MJA became involved in this litigation and is proud to represent Marines and their families who were harmed by the contaminated drinking water at Camp Lejeune.

(For more information about eligibility for a claim under the Camp Lejeune Justice Act, contact our Marine Corps veteran attorneys for a free consultation).

COVID-19 VACCINE MANDATE

Christmas came early in 2022 with Congress deciding to rescind the COVID-19 vaccine mandate.

On December 23, 2022, President Biden signed the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY23) into law. Section 525 of the FY23 NDAA requires the Secretary of Defense, within 30 days of the law being passed, to rescind the mandate that members of the U.S. Armed Forces be vaccinated against COVID-19.

Throughout 2022, MJA worked tirelessly to defend service members whose careers were threatened by the unjust vaccine mandate. MJA successfully helped a Midshipman receive a religious accommodation, saw clients receive fully honorable discharges (when most service members did not), and even got a Marine retained on active duty after refusing the COVID-19 vaccine.

In one of the first cases of its type, MJA represented a Sergeant (E-5) in the Marine Corps who was taken to an administrative separation board for allegedly violating Article 92, UCMJ, by not receiving a COVID-19 vaccine. During the hearing, MJA admitted extensive evidence showing that it was impossible for the Marine to comply with the COVID-19 vaccine order because the only two FDA approved vaccines—COMIRNATY AND SPIKEVAX—are not available to servicemembers. Based on this evidence, the Board determined there was “no basis” for misconduct and retained the Marine on active duty.

ADMINISTRATIVE ACTIONS

MJA also successfully represented service members under investigation, facing administrative separation, or who received administrative reprimands for allegations of misconduct or substandard performance of duty.

MJA fought for service members across the military branches, with allegations ranging from drug abuse to sexual assault, with spectacular results:

• In the Marine Corps , MJA represented a Private First Class (E-2) alleged to have sexually assaulted a fellow Marine in her barracks room. Upon being notified by his command that he was under investigation by NCIS for sexual assault, the PFC immediately retained MJA. MJA worked with the Marine to preserve critical evidence to the case and defended him at an administrative separation board. After hearing the evidence presented by MJA, the board unsubstantiated the allegations, allowing the PFC to finish his enlistment under Honorable conditions.
• In the Navy, MJA  defended a  Hospitalman (E-3) accused of two separate counts of sexual assault. MJA, along with the local DSO attorney, aggressively challenged the false narrative being pushed by the alleged victims and the government resulting in a finding of no basis for either of the allegations. The positive outcome allows the Hospitalman to continue his advancement in the Navy.
• In the Army, a Specialist (E-4) in the Army Reserve was notified of involuntary administrative separation for Misconduct – Commission of a Serious Offense, after being arrested for assault and battery with a domestic partner. MJA submitted extensive written matters to the command showing the Soldier was actually the victim of the assault and that his charges were adjudicated and dismissed in civilian court. Based on this evidence, the separation authority approved a conditional waiver (suspended), terminating the separation action and allowing the Specialist to stay in the U.S. Army Reserve.
• In the Coast Guard, allegations of alcohol and drug abuse under Article 112a of the UCMJ led to an administrative hearing for a First Class Petty Officer (E-6). MJA worked closely with the Petty Officer to make sure he was getting the proper treatment and help with underlying medical issues while also preparing for his administrative hearing. Through MJA’s efforts, the board found in favor of the servicemember regarding the alcohol abuse, found no misconduct regarding the 112a, and recommended retention in the Coast Guard.
• In the Air Force, a Master Sergeant (E-7) was investigated for 15 months by the Air Force Office of Special Investigations (OSI), Family Advocacy Program (FAP), and Child Welfare Services (CWS) for false allegations of sexually assaulting a minor. After a week-long administrative discharge board with eight Government witnesses, the board members found “no basis” for the alleged misconduct and retained the Master Sergeant on active duty.

In addition to separation boards, MJA successfully helped service members respond to investigations, rebut administrative reprimands, and achieve the local filing of GOMORs.

MILITARY CORRECTION BOARDS

At the military’s correction boards, MJA helped clients upgrade their characterization of service, expunge titling and indexing determinations, and remove unfavorable records from their official military personnel file.

In one titling appeal (which are notoriously difficult), MJA represented a Chief Petty Officer in the United States Navy at the Board for Correction of Naval Records (BCNR). The Chief was titled and indexed by the Naval Criminal Investigative Service (NCIS) during an investigation for a violation of Article 120, UCMJ. Despite substantial and overwhelming evidence showing that the Sailor did not commit the offense, NCIS refused to remove the titling determination. MJA appealed the decision to the BCNR, which determined that credible information did not exist to title the Sailor and that the titling was a “significant injustice.” The BCNR granted the Sailor full relief and recommended that NCIS expunge his name as a titled and indexed subject from the NCIC and DCII criminal history databases.

Our practice in front of military correction boards in 2022 also highlighted the value of having an experienced attorney. Veterans often try to achieve a discharge upgrade on their own but do not understand the standard of review or evidence required to be successful. It is not uncommon for these service members to be denied relief by the boards and reach out to MJA for help.

In one case, an Army Private (E-1) was involuntarily separated with a Other Than Honorable (OTH) discharge after receiving a Summary Court-Martial and Article 15 punishments for violating Articles 86, 87, 90, and 91, UCMJ. In 2008, the veteran submitted a petition to the Army Discharge Review Board (ADRB) requesting a discharge upgrade but was denied relief. The veteran retained MJA to help with the appeal. MJA submitted extensive evidence to the ADRB showing that the Soldier suffered from debilitating medical issues which adversely impacted his ability to perform his military duties. Based on the evidence presented, the ADRB determined that the Soldier’s discharge was inequitable and upgraded the Soldier to a General (Under Honorable Conditions) characterization of service. 

SERVICE MEMBERS’ CIVIL RELIEF ACT (SCRA)

In our civil litigation practice, MJA successfully fought for service members whose due process rights were violated.

In one case, a Staff Sergeant (E-5) in the Air Force terminated her residential lease after receiving orders for deployment. While deployed, the Staff Sergeant was unlawfully assessed a debt related to her housing lease which got referred to collection. The Staff Sergeant retained MJA to assert her rights under the SCRA and seek damages.MJA gathered evidence showing that the Staff Sergeant should not have been assessed a debt after properly terminating her lease, issued a demand letter to her housing provider, and coordinated with the debt collection agency to stop collection efforts. These efforts resulted in the complete elimination of the service member’s debt, termination of debt collection efforts, and significant compensation for her damages. 

WRAP UP

MJA is thankful for all the clients we were able to help in 2022 and look forward to fighting for more service members in 2023. If you or a loved one need an experienced military attorney in your corner, contact us today for a free consultation.

The post Looking Back on 2022: MJA’s Year in Review appeared first on Military Justice Attorneys.

PRESS RELEASE – JULY 28, 2022

Liberty-Life Media, a pro-military media outlet, reports that MJA will represent Marine veterans and their families harmed by Camp Lejeune Water Contamination.

After years of denying justice to those harmed by the toxic water, Congress recently passed the “Camp Lejeune Justice Act of 2022” which, once signed into law, will allow those who have been injured to file lawsuits for compensation.

If you or a loved one lived or worked at Camp Lejeune or MCAS New River for at least thirty (30) days between 1 August 1953 and 31 December 1987 and have been diagnosed with or experienced a qualifying medical condition, you may be entitled to significant financial compensation.

The attorneys at MJA all served on active-duty in the United States Marine Corps who will work tirelessly to give you the best possible representation.

Contact MJA today to determine your eligibility for the lawsuit.

The post PRESS RELEASE – MJA to Represent Camp Lejeune Families in Water Contamination Claims appeared first on Military Justice Attorneys.

July 1, 2022 – Press Release

MJA is pleased to announce that Clare C. (Chip) Hodge, III has joined our military criminal defense team. Chip is an experienced trial attorney who retired from active duty in the U.S. Marine Corps in 2022 as a Lieutenant Colonel, having served as a judge advocate in numerous key billets. He last served as the Deputy Staff Judge Advocate for Marine Forces Reserve and Marine Forces South, an organization of approximately 100,000 Marines serving in an active or reserve status.

“We are thrilled that Chip, an accomplished and seasoned litigator, has chosen to join us,” said Gerald Healy, founder and managing partner of MJA. “Chip will be an enormous asset to the firm, our worldwide criminal defense practice, and to the service members he represents.”  

Before joining MJA, Chip was recognized for his exemplary service in trial advocacy and hand-selected to serve as Deputy, Military Justice Branch, Judge Advocate Division at Headquarters Marine Corps, Pentagon. Chip also served as Senior Trial Counsel and Deputy Officer-in-Charge at the Legal Services Support Section-National Capital Region and Marine Forces Reserve.

Throughout his career, Chip has litigated both felony and misdemeanor-level matters involving alleged sex offenses, aggravated assault and battery crimes, domestic violence, theft, frauds against the United States, false official statements, drunken and reckless driving, dereliction of duty, adultery, fraternization, sexual harassment, and hazing, among others.

Chip also has extensive experience in civilian criminal defense and family law. He understands how military criminal matters and adverse administrative cases and even civilian criminal proceedings can negatively impact a service member’s career and post-service life. Chip knows how the military justice system operates and wholeheartedly embraces the MJA ethos of defending those who defend us, including their families.

Chip received his Juris Doctor from Georgia State University College of Law, his Master’s in Business Administration from the University of Memphis Fogelman College of Business and Economics, and his Bachelor of Arts in International Business from Rhodes College (TN). He is a member of the Georgia and South Carolina bar.

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On April 28, 2021, a class notice was issued that the Naval Discharge Review Board (NDRB) would automatically begin reconsidering discharge upgrade applications for Marines and Sailors who have served since October 7, 2001, and who were discharged with a less than honorable characterization of service while diagnosed with or showing symptoms attributable to post-traumatic stress disorder (“PTSD”) or related conditions. This new policy, which is the result of a class action settlement agreement, will provide many Department of the Navy veterans with a fresh opportunity to present their case to the NDRB.

MJA has successfully helped service members upgrade their discharge characterization of service. If you believe your discharge or dismissal was unjust, erroneous, or otherwise warrants an upgrade, contact us today for your free consultation.

CLASS ACTION LAWSUIT

On March 2, 2018, a class-action lawsuit was filed on behalf of thousands of Navy and Marine Corps veterans who served in Iraq and Afghanistan and were discharged under Other Than Honorable (“OTH”) or General (Under Honorable Conditions) (“GEN”) characterizations of service due to misconduct attributable to PTSD, traumatic brain injury (“TBI”), and related mental health conditions.

The lawsuit alleged that these service members were systematically denied discharge upgrades by the NDRB despite binding Department of Defense guidance that such applications receive “liberal” or “special” consideration when being reviewed.

On September 16, 2021, the Secretary of the Navy settled the lawsuit to allow former Marines and Sailors who were partially or fully denied relief between October 7, 2001 and March 1, 2012 to reapply to the NDRB for reconsideration of their case. Qualifying Department of the Navy veterans who were denied relief from March 2, 2012 until the date of the settlement would receive automatic reconsideration.

AUTOMATIC RECONSIDERATION OF 2012-2021 APPLICATIONS

The settlement requires the NDRB to automatically reconsider discharge upgrade applications which meet the following criteria:

• Applicants qualify as “Special Cases”, i.e. veterans who were discharged with less than a fully honorable conditions and have diagnoses of PTSD, TBI, or other related mental health conditions;
• Decision was issued on or after March 2, 2012, until the effective date of settlement; and
• The veteran did not receive a fully honorable discharge.

In these cases, known as “Group A Applicants”, the NDRB will automatically reconsider the veteran’s case without need for any action from the applicant. Veterans can, however, supplement their applications with additional evidence within 60 days of the notice. All “Group A” Applicants were required to receive a letter describing their rights.

REAPPLICATION RIGHTS FOR 2001-2012 APPLICANTS

Per the settlement agreement, the NRDB will also consider reconsider applications for discharge upgrade requests for Marines and Sailors who:

• Qualify as “Special Cases”;
• Decision was issued between October 7, 2001 and March 1, 2012; and
• The veteran did not receive a full upgrade to Honorable.

Applicants from both groups will have the ability to request a video-teleconference personal appearance hearing. Additional information about the settlement and applicants’ rights can be found on the NDRB’s website.

SERVICE MEMBERS MUST SHOW ERROR OR INJUSTICE

There is no guarantee that a Marine or Sailor whose case is reconsidered will receive a discharge upgrade. Importantly, veterans still bear the burden of proving that their discharge was erroneous or unjust. If the applicant cannot meet this burden, then their discharge will stay the same.

Applicants should submit relevant evidence in support of their petition to help the NDRB understand the circumstances surrounding their discharge. Such evidence may include:

• Diagnoses from a medical professional;
• Documentation recording symptoms associated with PTSD, TBI, MST, and/or other behavioral health issues;
• Letters from people who knew you before, during, or after your service that can describe any behavioral changes or symptoms related to the condition.

If possible, this evidence should explain how the veteran’s symptoms or diagnoses mitigate or outweigh the misconduct which formed the basis for separation.

CONTACT US TODAY

MJA has successfully helped service members upgrade their discharge characterization of service. If you believe your discharge or dismissal was unjust, erroneous, or warrants an upgrade, contact us today for your free consultation.

The post Class-Action Lawsuit Gives Sailors and Marines Another Shot at Discharge Upgrade appeared first on Military Justice Attorneys.

NPR’s Sarah McCammon asks military law expert Gerry Healy about President Trump’s latest policy restricting military service by transgender troops.

Click the link here to read more.

The post Attorney Gerry Healy Appears on NPR to Discuss Transgender Troop Restrictions appeared first on Military Justice Attorneys.

The AIOCLA recently announced their 2016 “10 Best” Criminal Law Attorneys for Client Satisfaction in South Carolina. After thoroughly researching each candidate by the AIOCLA, Mr. Healy was formally nominated by the institute, clients, and fellow attorneys. He was chosen based on receiving the highest degree of professional achievement in criminal and military law, and receiving an impeccable client satisfaction rating. This award is exclusive and extended only to those select few who reach the top of their profession while doing so with the client’s satisfaction being of the most paramount importance.

The AIOCLA is an impartial third-party attorney rating service and invitation-only organization recognizing excellence of practitioners in their fields. Mr. Healy is honored to accept this award and nomination on behalf of Military Justice Attorneys, PLLC.

“At MJA, we are very serious in our defense of each and every one of our clients. To be nominated, in part by my current and former clients, is truly gratifying, and I hope I can continue to aggressively defend my clients in their greatest time of need.”

– Gerald Healy

Mr. Healy, along with being awarded “10 Best” Criminal Law Attorneys,  is also a member of the prestigious National Legal Aid and Defender Association (NLADA), as well as the ABA Military Law Section. Mr. Healy also maintains a 5-Star Rating on Avvo.com.

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