M-VETS secures honorable discharge for USMC combat veteran

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) at George Mason University successfully argued a claim before the Naval Discharge Review Board seeking an Honorable conditions discharge for a United States Marine Corps (USMC) combat veteran.

The first clinic of its kind at any law school in the United States of America, M-VETS provides free legal representation to active-duty servicemembers, veterans and their dependents while offering law students at the Antonin Scalia Law School the opportunity to receive supervised, practical legal experience by advocating for those who serve or have served in our armed forces.

M-VETS filed the application with a supporting brief and exhibits on behalf of the veteran in 2022 and recently secured an Honorable conditions discharge. The successful application will allow the veteran to access long-overdue medical treatment and Department of Veterans Affairs disability benefits.

The veteran served on active duty in the USMC from 2004 to 2007 as a rifleman. During his service, the veteran deployed twice to Iraq; the first deployment occurred in 2005, and the second was to Fallujah from 2006–07, where the veteran earned a Combat Action Ribbon. The veteran suffered from injuries due to combat, which led to self-medication to soothe the symptoms of post-traumatic stress disorder and a traumatic brain injury. As a result, the veteran was discharged under Other than Honorable conditions despite both conditions being diagnosed during service. This discharge characterization prevented the veteran from accessing medical treatment and disability benefits.

“I’m glad the veteran reached out to M-VETS, and we were able to assist with this issue,” said M-VETS Director Timothy M. MacArthur. “Our client served honorably in the USMC, and to correct this injustice was a fantastic result.”

MacArthur said that the veteran had not been eligible for disability benefits due to the discharge characterization and has carried the stigma of a discharge with less-than-honorable conditions. “The stigma has been removed, and the veteran can use those hard-earned benefits due to the honorable conditions discharge,” he said.

“Throughout M-VETS’s representation, student advisors Liz Faris and Doug Boyle assisted with the client’s matter. They truly believed in this veteran’s cause, and I appreciate the time and effort they put into this case,” MacArthur said. “Both student advisors did an incredible job, and their hard work paid off.”

 “It was a great experience working with this client, and I learned a lot while working on his case,” said Faris, JD ’23. “He fought and sacrificed for this country during his time in the USMC and deserved a discharge designation that reflected his service. I’m so glad that [the board] agreed and that he can now access the resources he deserves.”

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.