Peter Booker & Associates is currently in the process of accepting plaintiffs to be part of a class action claim against the Army for Veterans discharged in violation of Army Regulations after October 1, 2021 under the provisions of AR 635-200, Chapter 5-14 or 5-17 “Condition, Not a Disability”.

Below is a FAQ to see if you would qualify to join.

• Do all Veterans qualify to be part of the claim? No. All plaintiffs must have been chaptered under the provisions of AR 635-200, Chapter 5-14, “Condition, Not a Disability” (formerly known as Chapter 5-17) after October 1, 2021. Plaintiffs cannot have been in an “initial entry” status; this means you must have served at least 180 days on active duty prior to the medical discharge being initiated (365 days after December 23, 2022 due to DoD change of standard). “Initiation” of the discharge is considered the day your company commander presented you with a signed memorandum informing you he/she was beginning the chapter process. Also, your separation cannot have been approved by a General Officer. Lastly, you must have been separated prior to your ETS date. You will need to provide us with your separation documents so we can verify your eligibility.
• What do I stand to win? Every case is different and even those in a class action may receive different awards. First, we will ask to have your DD 214 voided and a new one created along with new separation orders. The new DD 214 will change your characterization of service to Honorable if you were given a General Discharge (though most will already have an Honorable separation), the narrative reason will change to “Completion of Required Active Service” and the reenlistment code will change to “1” allowing you to reenlist if desired. Finally, we will ask you be awarded constructive service credit from the date of your separation until your original ETS date. This means (on paper only) you are returned to active duty and your DD 214 end of active service date will be changed to your original ETS date. This change entitles you to back pay for the constructive service awarded from the day after discharge until the new separation date. Some Veterans may have had six months until ETS and some may have five years so back pay amounts are different for everyone. Years of back pay all at once with no additional service required is a huge win for Veterans.
• What does it cost to join? There are no upfront costs to you. We are proceeding on a contingency basis for this claim. This means we pay all the upfront costs and fees and only charge if we are successful in winning back pay for our clients. We encourage you to Google “Contingency claim fees”. You will find the normal fees range between 20%-50% of any monies won depending on the type of case. We are on the low end of this and only charge 20% of back pay won and are proud of our low costs at no risk to our clients. We never charge a fee if we fail our clients and don’t win. As Veterans ourselves, and unlike most out there, we do not collect anything if we can’t win your case.
• I think I qualify, how do I join? Simply send us a message through our Contact Page and let us know you would like to join the Class Action claim. To make things go quicker, you will eventually need provide us your DD214 and your separation file. The separation file will consist of numerous documents that normally include: the memorandum signed by the Separation Authority directing your separation from the Army, recommendations from the battalion and company commanders, your Election of Rights, and supporting evidence such as counselings and your medical documentation. Look at our Blog Page for ways to obtain these documents of you do not already have them. We cannot enjoin you to this claim until we can verify you meet the provision listed in the first FAQ question above.
• How long will this take? About three years from start to finish. One year to work with new clients, prepare briefs and gather supporting evidence. After we file the claim, it will take about two years to be scheduled for a hearing and to receive the final verdict. If we are successful, your packet will be forwarded to DFAS for payment and the Army will create a new DD214 and separation orders for each member of the claim. After the class action claim is submitted, you may still request our representation to file a claim against the Army as an individual plaintiff instead of as a member of a class action.