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Manker v. Spencer
On March 2, 2018, Tyson Manker and the National Veterans Council for Legal Redress (NVCLR) filed a nationwide class-action lawsuit on behalf of thousands of less-than-Honorably discharged Navy and Marine Corps veterans with post-traumatic stress disorder (PTSD) and related conditions from the Iraq and Afghanistan era.
Since September 11, 2001, hundreds of thousands of veterans have received less-than-Honorable ("bad paper") discharges. This imposes a lifetime of stigma, impairs their employment prospects, and denies them access to critical government services including disability benefits, mental health treatment, and the GI Bill. Many of these "bad paper" discharges result from misconduct attributable to conditions like PTSD, traumatic brain injury, and related mental health conditions.
Congress created the Naval Discharge Review Board (NDRB) to correct these unjust and harsh discharges after veterans return to civilian life. But the NDRB denies 85% of the applications it receives. The class action lawsuit challenges the NDRB's refusal to adequately consider mental health conditions and its failure to adjudicate these applications consistent with constitutional due process guarantees.
Any Navy or Marine Corps veterans who were separated during the Iraq/Afghanistan era with a less-than-Honorable discharge potentially stemming from PTSD or other related mental health conditions should contact the clinic team at address: firstname.lastname@example.org
Complaint (filed March 2, 2018)
Order Granting Class Certification (Nov. 16, 2018)
Order Denying Defendant's Motion to Dismiss (Nov. 7, 2019)