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Update:
- The U.S. Air Force agreed to reconsider less-than-honorable discharges given to individuals struggling with mental health issues, including post-traumatic stress disorder.
- The decision will resolve allegations claiming the Air Force failed to take mental health into account when rejecting applications to upgrade discharge statuses.
- The Air Force’s disciplinary review board will reconsider discharge statuses for veterans who submitted applications on or after Sept. 13, 2015, according to the agreement.
- Veterans who submitted applications between Sept. 13, 2006, and Sept. 13, 2015, can reapply to the disciplinary review board, per the settlement.
- The Air Force will also provide public and individualized notice to veterans to inform them of their rights.
Air Force Discharge Class Action Lawsuit Overview:
- Who: Two Air Force veterans filed a class action lawsuit against Secretary of the Air Force Frank Kendall.
- Why: Plaintiffs claim the Air Force does not take their mental health conditions, or experiences with sexual violence, into account when discharging them for minor infractions.
- Where: The class action lawsuit was filed in Connecticut federal court.
(Sept. 15, 2021)
The Air Force does not take mental health conditions, or experiences of sexual or intimate violence, into account when discharging members for even the most minor infractions, a new class action lawsuit alleges.
Lead plaintiffs Martin Johnson and Jane Doe claim the Air Force rejects hundreds of meritorious claims annually while repeatedly failing to abide by “liberal consideration” standards set by Congress and the Department of Defense (DoD).
In 2017, the DoD declared that “liberal consideration should be given to veterans petitioning for discharge relief on the basis of all mental health conditions, including PTSD, or experiences of military sexual trauma,” according to the class action lawsuit.
Johnson and Doe want to represent a class of Air Force veterans who have received less-than-honorable discharges within the past 15 years while dealing with mental health conditions such as PTSD, or the effects of sexual or intimate misconduct which resulted in physical or mental impairment.
Doe claims she was raped by a fellow airman, which led to issues in her relationship with another service member that began to escalate into extreme instances of domestic violence.
Doe would end up being given a General (Under Honorable Conditions) Discharge after she failed multiple physical fitness tests, which she later attributed to PTSD stemming from the instances of sexual and intimate violence she endured, according to the class action lawsuit.
Doe was later diagnosed with PTSD, which she used to try and get her discharge upgraded to Honorable, however the Airforce Discharge Review Board (AFDRB) denied her request, asking if she didn’t just simply have a personality disorder.
“The AFDRB failed to apply ‘liberal consideration’ given Ms. Doe’s two documented diagnoses of PTSD – one by a VA practitioner and one by private doctors,” the class action lawsuit states.
To receive VA benefits through Air Force, veterans must receive an honorable discharge
Plaintiffs claim that in order to receive post-service VA benefits, veterans must either receive an honorable discharge or be released because of a disability that stemmed from your service.
Johnson, meanwhile, claims he began to suffer from depression after being near a bomb blast in Iraq and returning home to find his wife of two years had been having an extramarital affair.
Johnson would later be given a General (Under Honorable Conditions) Discharge, which, like Doe, the AFDRB denied to be upgraded to an Honorable Discharge, despite Johnson being diagnosed by a VA doctor with major depressive disorder, social anxiety, and PTSD, according to the class action lawsuit.
The plantiffs claim the defendant, Secretary of the Air Force Frank Kendall, is in violation of various acts of the Constitution of the United States, including the Fifth Amendment, and Section 504 of the Rehabilitation Act of 1973.
Johnson and Doe are demanding a jury trial and requesting all appropriate and equitable relief, along with having their discharge statuses upgraded to Honorable.
The Air Force was also in hot water last year after a four-star general had a sexual assault lodged against him for allegedly sexually assaulting a female Army officer at least nine times.
Do you believe the Air Force disregards the DoD’s policy on liberal consideration when discharging members suffering from mental health conditions? Let us know in the comments!
The plaintiffs are represented by Michael J. Wishnie, Meghan E. Brooks, David Bassali, Yael Caplan, Alexis Kallen, Shariful Khan and Bardia Faghihvaseghi of Yale Law School’s Veterans Legal Services Clinic and Jerome N. Frank Legal Services Organization, and Susan J. Kohlmann, Jeremy M. Creelan, Jacob Tracer and Laurel A. Raymond of Jenner & Block LLP.
The Air Force discharge class action lawsuit is Johnson, et al. v. Kendall, Case No. 3:21-cv-01214, in the U.S. District Court for the District of Connecticut.
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