Soldiers Are Refused Honorable Discharge Due To Drug & Alcohol Use
June 06, 2022
A U.S. veteran can be discharged with a less-than-honorable status due to substance abuse and other disorders, which could affect their access to VA benefits.
Mr. Mark Stevenson, a U.S. Army vet, is currently challenging the state of affairs with the help of Yale Law students. The goal of the lawsuit is to have Mr. Stevenson’s discharge status upgraded and that of other veterans given less-than-honorable discharges due to substance abuse misconduct.
One of the critical arguments, in this case, is that the Army is in contravention of military policy to provide “liberal consideration” in situations relating to mental health issues causing misconduct. The Army may also be violating due process rights under the Fifth Amendment.
The Fifth Amendment mandates that federal agencies follow their guidance and regulations. The decisions made in denying honorable discharges to members with substance abuse problems driving their behavior are harmful and discriminatory.
If this lawsuit sounds familiar, it should be, as a similar one was filed for former military personnel with post-traumatic stress disorder (PTSD) and other mental health issues. The core issue was being denied honorable discharges because of misconduct (related to mental health issues). That case resulted in the Marines, Army, Air Force, and Navy reconsidering that decision based on new criteria giving the nod to mental health issues that can affect behavior.
Veteran Stevenson had drug and alcohol problems while stationed in Germany. He used hashish and heroin, which resulted in him going AWOL three times. He received a dishonorable discharge.
Stevenson is a certified substance abuse counselor and has maintained sobriety for more than 20 years. He recently applied to the Army Board for Correction of Military Records to upgrade his discharge, and was denied. It would not recognize substance use disorders as mental health conditions.
VA benefits are a well-deserved and earned benefit. If you have run into difficulties seeking veteran’s benefits, Legal Help For Veterans is here to help. We are a nationwide VA Disability law firm that assists veterans and their family members in federal VA benefit matters.
Legal Help for Veterans PLLC has a national practice representing veterans from across the country. We have helped veterans collect over $30,000,000 annually in future and retroactive benefits.