Air Force Will Review Discharges of Troops with Mental Health Conditions
In 2021, a class action lawsuit was filed against the Air Force by the name of Johnson v. Kendall. The lawsuit was filed to challenge the separation practices of the Air Force. The plaintiffs contended that other-than-honorable discharges unfairly punish veterans for the ways in which mental health diagnoses and sexual trauma affected their behavior while in uniform. Other-than-honorable discharges bar veterans from receiving benefits like Department of Veteran Affairs-run medical care, home loans and tuition assistance, and can hurt their chances of finding a civilian job.
The settlement will apply to Air Force, Space Force, Air National Guard and Air Force Reservist who were discharged after 10/7/01. If their separations classified as “under honorable conditions (general)” or “under other-than-honorable conditions” they are eligible for the review. The settlement does not apply to those who received bad conduct or dishonorable discharges, uncharacterized discharges, or dismissals. Those appealing their discharge must show a diagnosis of post-traumatic stress disorder, traumatic brain injury or other mental health condition, or evidence of sexual assault or harassment during their military service.
Veterans who unsuccessfully appealed their discharge on or after Sept. 13, 2015, will get an automatic review, according to the settlement’s website. Those who tried to get their discharge upgraded between Sept. 13, 2006, and Sept. 12, 2015, can apply for reconsideration.