Your rights may be affected by an approved Settlement in the class action lawsuit of Tyson Manker and National Veterans Council for Legal Redress v. Carlos Del Toro if you are a former member of the Navy, Navy Reserve, Marine Corps, or Marine Corps Reserve who has served between October 7, 2001 and February 15, 2022, and were discharged with an OTH or GEN after experiencing military sexual trauma or while having a diagnosis of PTSD, TBI, or another mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or another mental conditions at the time of discharge. This approved Settlement will resolve the dispute between Plaintiffs and the Navy, dismiss the lawsuit, and obligate the parties to abide by the terms of the Settlement Agreement.

In 2018, plaintiffs Tyson Manker and the National Veterans Council for Legal Redress (“Plaintiffs”) filed a Complaint alleging that since the start of military operations in Iraq and Afghanistan in October 2001, the Navy and Marine Corps discharged thousands of people with Other Than Honorable (“OTH”) or General (Under Honorable Conditions) (“GEN”) statuses due to misconduct attributable to post-traumatic stress disorder (“PTSD”), traumatic brain injury (“TBI”), military sexual trauma (“MST”), and other behavioral health conditions (“OBH”). Specifically, the Complaint alleged that Navy and Marine Corps veterans who experienced PTSD, TBI, MST, or OBH in service and received OTH and GEN discharges were systematically denied status upgrades by the Navy Discharge Review Board (“NDRB”).

The Complaint further alleged that these veterans were denied status upgrades even as scientific and medical understandings of PTSD and TBI advanced and explained how these conditions can affect Sailors’ and Marines’ behavior. Plaintiffs further alleged that, despite the 1944 statute creating the NDRB, longstanding regulations, and binding Department of Defense guidance that clarified the NDRB’s obligation to give “liberal consideration” to the applications of former Sailors and Marines who incurred these mental health conditions, the NDRB systematically failed to apply appropriate decisional standards or provide veterans with due consideration, in violation of the Administrative Procedure Act (“APA”) and the Due Process Clause of the Fifth Amendment.

The Navy has denied and continues to deny each and all of the claims and contentions alleged by Plaintiffs. The Navy has expressly denied and continues to deny all charges of wrongdoing or liability against it arising out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged by Plaintiffs. The Navy specifically denies the allegations in the Complaint, including any allegation that the Navy violated the APA or the Constitution or failed to follow appropriate procedures.

Class Counsel and Defendant agreed to settle the litigation because of (1) the substantial benefits available to the Class under the terms of the agreement; (2) the risks and uncertainty of litigation, especially in complex actions such as this, as well as the difficulties and delays inherent in such litigation; and (3) the desirability of this Settlement Agreement to provide effective relief to the Class.

Defendant has decided to settle based on its conclusion that further defense of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in the Settlement Agreement. Defendant also has taken into account the uncertainty and risks inherent in any litigation. Defendant, therefore, has determined that it is desirable and beneficial to it that the Litigation be settled in the manner and upon the terms and conditions set forth in the Settlement Agreement.

On November 15, 2018, the Court certified a class in this civil action (the “Settlement Class”) defined as follows:

"Veterans who served during the Iraq and Afghanistan Era—defined as the period between October 7, 2001, and February 15, 2022—who:

a)  were discharged from the Navy, Navy Reserves, Marine Corps, or Marine Corps Reserve with less-than-Honorable statuses, including General and Other-than-Honorable discharges but excluding Bad Conduct or Dishonorable discharges;

b)  have not received upgrades of their discharge statuses to Honorable from the NDRB; and

c)  have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related mental health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration.

No.

The Settlement ensures that Class Members partially or fully denied relief between 2012 and 2022 will have their applications automatically reconsidered, and Class Members who applied between 2001 and 2012 and were partially or fully denied relief will have reapplication rights. The Settlement also provides that the Navy will establish a universal video-teleconference hearing program, reform certain NDRB procedures and training, and provide legal and medical referral information to future applicants. For more information about Settlement benefits, please review the Class Notice and the Stipulation and Agreement of Settlement on the Important Documents page.

The Court approved the settlement on February 15, 2022. If you are a Class Member whose application to the NDRB was decided from October 7, 2001 to March 2, 2012, then you are able to apply again to the NDRB (or the BCNR if you were discharged more than 15 years ago). Your application will be considered under the revised standards in the Settlement Agreement, including the use of new decisional documents and procedures. The Navy will establish a universal video-teleconference hearing option, which means you will be able to appear by video if you apply for a personal appearance hearing. You should also receive a written notice describing the benefits you receive under the Settlement. If you do reapply, the NDRB will also send you a letter explaining how you can find veterans service organizations and legal counsel to aid you in your application.

If you are a Class Member whose application to the NDRB was decided from March 2, 2012 to February 15, 2022, then your application will be automatically reconsidered by the NDRB under the revised standards in the Settlement Agreement, including the use of new decisional documents and procedures. You may supplement your application with new evidence, and you will receive a written notice describing the benefits you receive under the Settlement and instructing you in how to provide this additional evidence.

If you are a Class Member who has not yet applied to the NDRB, then any future application you submit will be considered under the revised standards in the Settlement Agreement, including the use of new decisional documents and procedures. You will also be able to appear by video if you apply for a personal appearance hearing, and the NDRB will send you a letter explaining how you can find veterans service organizations and legal counsel who might be able to help you with your application.

If you are not a Class Member but are eligible to apply to the NDRB, you will still be eligible for the universal video-teleconference hearing program and reformed NDRB procedures.

The deadline to object to the Settlement passed on November 25, 2021.

Following the fairness hearing on December 16, 2021, the Court approved the settlement on February 15, 2022.

You may contact the Settlement Administrator at 1-833-823-0048 and at info@mankersettlement.com. Additional details about the Settlement can be found in the Stipulation and Agreement of Settlement on the Important Documents page.