Settlement Structure: Claims Made
Active: OpenCase Summary:
This settlement resolves a case calling attention to other-than-honorable discharges that have been given since military operations began in Iraq and Afghanistan. The defendant in this case is Ryan D. McCarthy, Acting Secretary of the Army.
The complaint alleges that the Army discharged thousands of people with Other Than Honorable (OTH) or General (Under Honorable Conditions) (GEN) statuses because of conduct that might be attributed to post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma (MST), and other behavioral health conditions (OBH). These people, the complaint alleged, were denied status upgrades by the Army Discharge Review Board (ADRB), despite the increasing understanding of things like PTSD and TBI.Docket Number:
Company: United States Army
Filing Deadline: January 1, 2100
Class Period: October 7, 2001
Objection Deadline: March 3, 2021
Final Approval Hearing: March 24, 2021Proof of Purchase:
This settlement does not offer claim forms. Class members may be able to reapply to the ADRB. For more details, see the Notice at https://www.kennedysettlement.com/faq.Eligibility:
You may be eligible if you are a member or former member of the Army, Army Reserve, or Army National Guard who served during the Iraq and Afghanistan era, between October 2001 and the effective date of the settlement, who
(1) received a less-than-honorable service characterization (including GEN or OTH) but not a bad conduct or Dishonorable discharge,
(2) have not received discharge upgrades to Honorable, and
(3) have received a diagnosis of PTSD or PTSD-related conditions, or have records documenting one or more symptoms of PTSD or PTSD-related conditions when they were discharged attributable to their military service under the Hagel Memo standards of liberal and special consideration.
Applicants partially or fully denied relief between 2011 and 2021: Automatic reconsideration of certain decisions: (1) Special Cases that involve PTSD, TBI, MST, or OBH, that were (2) issued between April 17, 2011 and the effective date of the settlement, and (3) where the applicant did not receive the full relief requested.
Applicants from between 2001 and 2011 who were partially or fully denied relief: Right to reapply.
For more details, see the Notice and Stipulation of Settlement on the Documents page at the settlement website.
Total Settlement Amount: NAClass Representative Proposed Incentive Fee:
Jenner & Block, LLP
Jerome L. Frank Legal Services Organization of Yale Law School
Case Name: Stephen M. Kennedy and Alicia J. Carson, et al. v. Ryan D. McCarthy
Settlement Website: KENNEDY V. MCCARTHY SETTLEMENT WEBSITE
Kennedy v. McCarthy Settlement
c/o JND Legal Administration
P.O. Box 91343
Seattle, WA 98111