FH+H Attorneys Vindicate Rights of Retired Soldier in Case Challenging Denial of Benefits Under the Post 9/11 G.I. Bill


Recently, FH+H Attorneys, led by Managing Partner Tom Craig and Partner Jack White, helped a retired U.S. Army general win a case involving the denial of educational benefits under the Post 9/11 G.I. Bill. Our client was LTG N. Ross Thompson, III, USA, Ret., who previously served with FH+H Senior Counsel Dean G. Popps.  Subsequent to his retirement, Gen. Thompson learned that the Army had failed to provide him with the information and individualized counseling about his benefits under the Post 9/11 G.I. Bill, as was required by a U.S. Department of Defense Directive-Type Memorandum. Because the Army failed to provide him with this information and counseling, including the requirement to transfer his education benefits to his children while still on active duty and prior to his retirement, Gen. Thompson was allowed to retire without properly transferring his benefits, and without any notice of the consequences.

After speaking with various individuals and organizations within the Army, Gen. Thompson filed a request with the Army Board for the Correction of Military Records (“ABCMR”) to correct his military records to show that he had properly transferred his benefits. The ABCMR refused to correct Gen. Thompson's military record. 

Consequently, FH+H attorneys filed suit in federal court. FH+H attorneys persuade the Court that the mistakes made by the Army in Gen. Thompson’s case, including the violation of his right to receive proper notice about failing to properly transfer his benefits, were so significant that they required correction by the Court.

The Court agreed with Gen. Thompson and issued an order directing the ABCMR to reconsider its denial of Gen. Thompson’s request. In its opinion, the Court specifically noted that the ABCMR acted arbitrarily and capriciously when it denied Gen. Thompson’s request to correct his military records, and that the denial was not supported by competent evidence appearing in the record. 

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