Class Action Lawsuit Filed Against the Navy for Unfair Discharges

By Debbie Gregory.

A marine veteran has filed a federal class-action lawsuit against the Navy, alleging that post-traumatic stress disorder and other traumatic mental health issues were the reason he and veterans like him received less than honorable discharges.

Due to these “bad paper” discharges, the veterans have been denied VA benefits and other support.

The lawsuit, filed in federal court in Connecticut by Tyson Manker, seeks class-action status for thousands of Navy and Marine Corps veterans.

“The American public needs to know that hundreds of thousands of military veterans with service-connected PTSD and [traumatic brain injuries] are being denied support and VA resources because of an unfair discharge status,” said Manker.

The plaintiffs are being counseled by the Yale Law School Veterans Legal Services Clinic.

“In 2017, the Army and Air Force Discharge Review Boards granted approximately 51 percent of discharge upgrade applications involving PTSD, while the NDRB [Naval Discharge Review Board] granted a mere 16 percent of applications during the same period,” said Samantha Peltz, a law student intern in the Yale Veterans Legal Services Clinic. “The disparity is staggering.”

Manker is joined in the lawsuit by the National Veterans Council for Legal Redress, a Connecticut-based organization whose members include marines and other veterans with less-than-honorable discharges.

In a statement released by the plaintiffs, U.S. Sen. Tammy Duckworth (D-IL) said  that the unfair discharge status is “based on antiquated policies that fail to recognize invisible wounds like post-traumatic stress.”

“Systemic failures of the military departments have led to widespread legal rights violations of our most vulnerable men and women in uniform, myself included. It is a national disgrace,” Manker said. “By taking this action with the courts we intend to restore the rule of law along with honor for thousands of patriots who were treated so poorly by the nation they served.”

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