George Mason University Antonin Scalia Law School

M-VETS Secures Honorable Discharge for Navy Veteran

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) successfully argued before the Navy Discharge Review Board for a Navy veteran to receive a fully Honorable conditions discharge, change in the narrative reason for separation, and an upgrade to his Reenlistment Code.  Filed in 2021, the M-VETS’s request was recently approved by the Navy Discharge Review Board and the veteran now has a fully Honorable conditions discharge and can rejoin the Navy if desired.

The veteran served in the active reserves in the Navy from 2007 through 2014 and, during this period of time, the veteran served honorably, which was reflected in his annual fitness reports.  After the veteran had served his initial period of enlistment, he applied to be transferred to the Inactive Ready Reserve (IRR), which was supported by the chain of command.  Unknown to the veteran at the time, the application was never submitted through the appropriate channels and was never approved or denied by the approval authority.  As a result of this administrative error and through no fault of his own, the veteran was determined to be a non-participant in the active reserves and was separated from the Navy with a General, Under Honorable conditions discharge certificate.

M-VETS Director, Timothy M. MacArthur, stated about the matter: “Thankfully, the veteran reached out to M-VETS for assistance with this matter and we are glad we were able to correct this issue.  There was a clear error in the processing of our client’s IRR application and how the veteran was ultimately discharged, resulting in an inequitable discharge.”

“I can’t thank M-VETS enough!” said the veteran.  “You all helped me when I started to lose hope. This will make a huge difference for my family and I. Thank you all again!”

MacArthur continued, “Our client served honorably in the Navy and to be able to correct this injustice before it potentially caused any more roadblocks was a great result.” MacArthur emphasized the contributions of the student-advisor that worked on this matter, Ms. Alana Nielson.  “Throughout the course of M-VETS representation, student-advisor Alana Nielson assisted with the client’s matter, and I am very appreciative of the time and effort she put into this case,” MacArthur said.  “Alana did a fantastic job and her hard work paid off.”

M-VETS assists veterans, Servicemembers, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, Discharge Upgrades, Boards for Correction of Military Records, and VA disability compensation appeals.