Your rights may be affected by the approved Settlement in the class action lawsuit of Stephen M. Kennedy and Alicia J. Carson, et al. v. Ryan D. McCarthy if you are a former member of the Army, Army Reserve, or Army National Guard who has served between October 7, 2001, and April 26, 2021 (the Effective Date of this Settlement), and if you were discharged with OTH or GEN while having a diagnosis of, or showing symptoms attributable to, PTSD or PTSD-related conditions. The Settlement resolves the dispute between Plaintiffs and the Army, dismisses the lawsuit, and obligates the parties to abide by the terms of the Settlement Agreement.

In 2017, plaintiffs Stephen Kennedy and Alicia Carson (“Plaintiffs”) filed an Amended Complaint alleging that since the start of military operations in Iraq and Afghanistan in October 2001, the Army 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 Amended Complaint alleged that Army veterans who experienced PTSD, TBI, MST, or OBH in service and received OTH and GEN discharges were systematically denied status upgrades by the Army Discharge Review Board (“ADRB”).

The Amended 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 Soldiers’ behavior. Plaintiffs further alleged that, despite the 1944 statute creating the ADRB, longstanding regulations, and binding Department of Defense guidance that clarified the ADRB’s obligation to give liberal consideration to the applications of former Soldiers who incurred these mental health conditions, the ADRB 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 Army has denied and continues to deny each and all of the claims and contentions alleged by Plaintiffs. The Army 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 Army specifically denies the allegations in the Amended Complaint, including any allegation that the Army 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 December 28, 2020, the Court certified a class in this civil action (“the Settlement Class”) defined as follows:

"Members and former members of the Army, Army Reserve, and Army National Guard who served during the Iraq and Afghanistan era - the period between October 7, 2001 to April 26, 2021 (the Effective Date of the Settlement) - who:

1. were discharged with a less-than-Honorable service characterization (this includes GEN and OTH discharges from the Army, Army Reserve, and Army National Guard, but not Bad Conduct or Dishonorable discharges);

2. have not received discharge upgrades to Honorable; and

3. have diagnoses of PTSD or PTSD-related conditions or records documenting one or more symptoms of PTSD or PTSD-related conditions at the time of discharge attributable to their military service under the Hagel Memo standards of liberal and special consideration."

The Settlement ensures that applicants partially or fully denied relief between 2011 and 2021 will have their applications automatically reconsidered, and applicants who applied between 2001 and 2011 and were partially or fully denied relief will have reapplication rights. The Settlement also provides that the Army will establish a universal telephonic hearing program within 18 months, reform certain ADRB 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 granted final approval of the Settlement on April 26, 2021.

If you are a Class Member whose application to the ADRB was decided from October 7, 2001 to April 16, 2011, then you are able to apply again to the ADRB. Your application will be considered under the revised standards in the Settlement Agreement, including the use of new decisional documents and procedures. Within 18 months of the Settlement, the Army will establish a universal telephonic hearing option, which means you will be able to appear telephonically 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 ADRB 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 ADRB was decided from April 17, 2011 to April 26, 2021 (the Effective Date of Settlement), then your application will be automatically reconsidered by the ADRB 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 ADRB, 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 telephonically if you apply for a personal appearance hearing, and the ADRB 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 ADRB, you will still be eligible for the universal telephonic hearing program and reformed ADRB procedures.

The deadline to file objections with the Court was March 3, 2021 and has passed. 

The Fairness Hearing was held on March 24, 2021 and the Court has granted final approval of the Settlement. 

The Fairness Hearing was held on March 24, 2021 and has now passed. 

You may contact the Settlement Administrator at 1-888-906-0563 and at info@kennedysettlement.com. Additional details about the Settlement can be found in the Stipulation and Agreement of Settlement on the Important Documents page.