02/16/2022
Federal Court Approves Nationwide Settlement Securing Relief for Post-9/11 Navy and Marine Corps Veterans
A federal court has granted final approval to a settlement agreement impacting thousands of Iraq- and Afghanistan-era veterans affected by behavioral or mental health conditions, including post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), and experiences of military sexual trauma (MST).
Under the agreement, the Department of the Navy (“Navy”) has agreed to review the discharges of thousands of Veterans affected by PTSD, TBI, MST, and other conditions. The Navy has also agreed to change some of its administrative procedures for individuals who apply in the future to have their discharge statuses upgraded. This agreement settles claims in the nationwide class action lawsuit Manker v. Del Toro.
In an order granting final approval, U.S. District Court Judge Charles Haight wrote, “The Court regards the proposed settlement of this case as an impressive example of the manner in which a class action can be made the vehicle for doing substantial justice and advancing the rule of law.”
The Navy will automatically reconsider certain discharge-status-upgrade decisions made by the Naval Discharge Review Board (NDRB) between March 2, 2012, and February 15, 2022, which partially or fully denied upgrade relief to Navy and Marine Corps Veterans of the Iraq and Afghanistan era with General or Other-than-Honorable (OTH) discharges. The settlement also expands reapplication rights for eligible applicants who were discharged and received an adverse NDRB decision between Oct. 7, 2001 and March 1, 2012.
In addition, the Navy has agreed to implement certain procedures. These include a program to enable applicants to appear before the NDRB by video teleconference, more training for board members, and updated protocols for decision making in cases involving symptoms or diagnoses of PTSD or other behavioral or mental health conditions, TBI, or MST.
Veterans of the Navy and the Marine Corps, including the Reserve, who were discharged with a General or Other-than-Honorable service characterization while having a diagnosis of, or showing symptoms of, the conditions listed above may be eligible to benefit from the settlement.
Discharge upgrades are not guaranteed, and applications will be decided on a case-by-case basis.
The full text of the settlement can be found at
A lawsuit was filed alleging that since the start of military operations in Iraq and Afghanistan, the Navy and Marine Corps discharged thousands of Sailors and Marines with Other Than Honorable ("OTH") or General (Under Honorable Conditions) ("GEN") statuses due to misconduct attributable to post-tr...