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The Mizzou Law Veterans Clinic recently won a landmark case in the United States District Court for the District of Columbia on behalf of a former U.S. Marine seeking long-overdue recognition of his service. The Court granted the Clinic’s motion for summary judgment, holding that the Naval Discharge Review Board acted unlawfully when it reconsidered its earlier decision upgrading the veteran’s discharge status.
The case centered on the Naval Discharge Review Board’s handling of a Marine Corps veteran’s discharge upgrade. The veteran, who deployed to Iraq during Operation Iraqi Freedom and later developed combat-related Post-Traumatic Stress Disorder (PTSD), initially received an Other-Than-Honorable discharge after returning from combat. Under the terms of a class action settlement, the Board reconsidered his application and determined he was entitled to a General, Under Honorable Conditions discharge. However, without any new evidence or legal basis, the Board subsequently reconsidered its own favorable decision and rendered a new negative decision—leaving the veteran with the stigma of his original discharge status.
The Clinic argued that the Board’s actions were arbitrary, capricious, and contrary to law under the Administrative Procedure Act, and that they violated the veteran’s Fifth Amendment right to due process. The Court agreed, granting summary judgment in favor of the veteran.
This significant outcome was achieved through the work of Mizzou Law students Meg Morris and Braden Wright—now Mizzou Law alumni—under the supervision of the Clinic’s director and counsel of record, Brent Filbert.
“This victory reflects what our Clinic strives to do every day—stand up for veterans who’ve been denied fairness,” said Brent Filbert. “Our students poured countless hours into this case, and the Court’s decision is not only a testament to their work but also to the idea that veterans deserve justice when bureaucratic processes go wrong.”
This case highlights the Clinic’s ongoing commitment to ensuring that veterans receive the benefits and recognition they have earned.