Air Force Discharge Review Board Class Action Settlement: A Guide
In a significant development for Air Force veterans, a class-action lawsuit—Johnson et al. v. Kendall—has led to a settlement that impacts thousands of former service members. This settlement addresses the review and potential upgrade of discharge statuses, particularly for those affected by mental health conditions or experiences of sexual trauma during their service.
Background of the Lawsuit
Filed in September 2021, the lawsuit alleged that the Air Force Discharge Review Board (AFDRB) failed to provide “liberal consideration” to veterans seeking discharge upgrades due to Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), other mental health conditions, or experiences of sexual assault or harassment during their service. The plaintiffs contended that this oversight resulted in unjust discharge characterizations, adversely affecting veterans’ access to benefits and services.
Key Provisions of the Settlement
The settlement, approved by the U.S. District Court for the District of Connecticut, includes several critical measures:
- Automatic Reconsideration: The AFDRB will automatically reconsider discharge upgrade applications submitted between September 13, 2015, and the settlement’s effective date, if the original application did not result in an Honorable discharge. Affected veterans will be notified and have 60 days to submit additional supporting evidence.
- Reapplication Opportunities: Veterans who applied for a discharge upgrade between September 13, 2006, and September 13, 2015, but were denied, can request reconsideration, with or without new evidence.
- Enhanced Resources and Support: The AFDRB will inform applicants of available resources to assist with the application process and allow for remote personal appearance hearings via video teleconference.
- Medical Professional Involvement: For applicants entitled to “liberal consideration,” a medical professional will review records to identify indications of mental health conditions or experiences of sexual trauma. If insufficient evidence is found, applicants will be advised on how to supplement their applications.
- Improved Training and Procedures: AFDRB members and staff will receive specialized training tailored to applicants entitled to “liberal consideration,” ensuring fair and informed decision-making.
Eligibility Criteria
You may be part of the settlement class if you:
- Served in the Air Force, Space Force, Air Force Reserve, or Air National Guard between October 7, 2001, and the settlement’s effective date.
- Received a discharge characterized as Under Honorable Conditions (General) or Under Other Than Honorable Conditions (UOTHC).
- Have a diagnosis of PTSD, TBI, another mental health condition, or have records showing symptoms of these conditions during service, or experienced sexual assault or harassment during service.
Next Steps for Affected Veterans
If you believe you are a member of the settlement class, it’s crucial to stay informed about the settlement’s implementation. Monitor communications from the AFDRB regarding automatic reconsideration or opportunities to reapply. Additionally, consider consulting with veterans’ service organizations or legal counsel to navigate the process effectively.
Additional Resources
For more detailed information, refer to the Notice of Class Action Settlement and the Frequently Asked Questions page on the official settlement website.
Conclusion
The Johnson et al. v. Kendall settlement represents a pivotal step toward rectifying past injustices faced by Air Force veterans. By understanding the settlement’s provisions and actively participating in the process, eligible veterans can seek the discharge upgrades they deserve, potentially unlocking access to vital benefits and services.
For personalized assistance, reach out to veterans’ service organizations or legal professionals experienced in military discharge matters.