The Military and Veterans' Room
Court allows class-action suit against Navy over ‘bad paper’ discharges
I am normally against civilian court oversight of military actions, particularly commander's actions. However, this is likely administrative and upper levels outside of the commanders' control.
These are allegations that the Navy and USMC gave punitive discharges to sailors and marines in order to save the government money-- in putting them outside of the VA system's coverage. If true, it is within the purview of civilian courts.
The Army had such a case a while back- an SOF guy who became a discipline problem- he was given a punitive discharge and barred from VA coverage. After his death his autopsy showed he had the human version of mad-cows' disease. Turns out he ate animal brains while on duty in Africa (SF soldiers typically eat with the locals to win heats and minds- I did, although not SF, in Iraq with multiple visits with Sheikhs.) His family went to civilian courts and won big time. Anyhow we will see how these cases go.
However, the VA can't handle its current caseload....Veterans forced from the Navy and Marine Corps for what they say were undiagnosed mental health problems will be able move ahead with a class-action lawsuit against the military asking for denied benefits, a federal court ruled Thursday.
The move could affect thousands of so-called “bad paper” veterans who allege Defense Department officials unjustly ended their careers rather than deal with their military-related injuries.
“This decision is a victory for the tens of thousands of military veterans suffering from service-connected PTSD and TBI who are denied the support of VA resources because of an unfair discharge status,” Tyson Manker, an Iraq War veteran and plaintiff in the case, said in a statement Friday.
He called the court’s favorable ruling “further evidence of the Department of Defense’s disgraceful violation of the legal rights of the men and women who have served their country.”
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