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IAVA | October 31, 2023

READ: Discharges from Air Force May Be Eligible for Upgrade

Did you receive a discharge from the Air Force Discharge Review Board (AFDRB) between 2006 and 2023? There has been a recent settlement that could benefit you and we wanted to talk to you about it. The Johnson v. Kendall lawsuit alleges that the AFDRB did not properly consider the ramifications of post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and other mental health conditions, as a well as experiences of sexual harassment and assault, and calls for the reassessment of discharges between 2006 and 2023. Read some details below:

  • Automatic reconsideration for certain 2015-2023 discharge upgrade decisions by the AFDRB for veterans with PTSD, TBI, or other mental health conditions, or who experienced sexual trauma.
  • Notice of right to reapply to the review board for certain 2006-2015 applicants for veterans with PTSD, TBI, or other mental health conditions, or who experienced sexual trauma.  
  • Revised decisional documents and training procedures at the review board.  
  • Revised notices to new applicants containing information on medical and legal referrals, and other terms.  
  • Establishment of one-year pilot program giving veterans who claim a mental health condition or experience of sexual trauma, but who are deemed not to have submitted sufficient evidence of the condition or experience, an opportunity to supplement the record.  
  • Creation of a universal teleconference personal appearance program and an AFDRB telephone line for inquiries.  

If you think this applies to you, you have until November 13th to add further comment on how you were affected by the AFDRB. More information about the settlement is also available at www.JohnsonAirForceSettlement.com.

The federal court has scheduled a hearing to determine whether to grant final approval of the settlement will be held on December 4, 2023 at 10:00 a.m. ET. 

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