George Mason University Antonin Scalia Law School

M-VETS Prevails and Secures Honorable Discharge for Navy Veteran

(Pictured: Student Advisor Kyle Elzey)

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) successfully argued a claim before the Naval Discharge Review Board (NDRB) seeking a fully Honorable conditions discharge for a Navy veteran. M-VETS filed the claim on behalf of the veteran in 2023 and recently secured a fully Honorable discharge, allowing the veteran to access long-overdue educational benefits.

The veteran served honorably in the active Navy from 2008 through 2011; however, the veteran suffered an injury during service, which led to the veteran’s discharge. Without justification and through no fault, the veteran was separated from the Navy with a General, Under Honorable Conditions discharge characterization. This discharge characterization prevented the veteran from accessing his education benefits and did not accurately reflect his honorable service.

M-VETS Director Timothy M. MacArthur stated: “Thankfully, the veteran reached out to M-VETS for assistance, and we are glad we could correct this injustice. Unfortunately, the separation authority made a clear error in judgment regarding the discharge characterization. Since 2011, the veteran has not been eligible for educational benefits due to inaccurate discharge characterization and has carried the stigma of a discharge with less than fully honorable conditions. The stigma has been removed, and the veteran can use those hard-earned benefits due to the fully honorable conditions discharge.”

“Thank you so much!” said the veteran. “You all are amazing.”

MacArthur continued: “Our client served honorably in the Navy, and to correct this injustice was a fantastic result.” MacArthur emphasized the contributions of the student advisor who worked on this matter, Mr. Kyle Elzey. “Throughout M-VETS’s representation, student advisor Kyle Elzey assisted with the client’s matter. Kyle truly believed in this veteran’s cause, and he was able to see this matter through from start to finish. I appreciate the time and effort he put into this case,” MacArthur said. “Kyle did an incredible job, and his hard work paid off.”

Elzey stated: “I am thrilled that a deserving veteran was able to obtain justice and access to the benefits he rightfully earned! I want to thank Professor MacArthur for providing me the opportunity to support M-VETS as a student advisor; it was an honor and privilege to contribute to such a meaningful cause, and I am grateful for the valuable experience gained in the process.”

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.