After a three-year battle between the U.S. Army and several of its Reserve members in Wolfing, et al. v. United States of America, Court of Federal Claims case # 18-523C, the Soldiers achieved a major victory. The Army Board for Correction of Military Records (ABCMR), on behalf of the Secretary of the Army, ruled in favor of the servicemembers who were wrongfully subjected to wage garnishments, denial of housing allowances, and unlawful disciplinary actions since 2016. “The Board agreed that a careful reading of the JTR [(Joint Travel Regulation)] supports” the payment of both a Basic Allowance for Housing (BAH) entitlement for their primary residences and an Overseas Housing Allowance (OHA) at their duty stations where Government housing was not available. Further, the Board directed all official records to be corrected, monies returned, and removal of any records of discipline related to the matter.
The lawsuit, filed in April 2018 by Patriots Law Group of Lyons & Hughes, P.C., sounded the alarm on the U.S. Army for denying financial entitlements to servicemembers while serving overseas. The Army’s interpretation directly violated the DoD’s JTR and Army regulations. This month co-founder of Patriots Law Group, Patrick Hughes, was provided a very rare personal appearance to present this case on behalf of the servicemembers to the ABCMR, which generally decides each case on written submissions only.
This is an exceptional outcome for the named Plaintiffs. However, the actions of the Army extended far beyond these seven, possibly into the thousands of Army Reservists honorably serving overseas. With the ABCMR determination, Patriots Law Group will now continue the fight for the other Reserve Solders similarly subjected to this denial of housing entitlements through a class-action lawsuit. It is our goal to get this news out across the country and into military communities, so all servicemembers who were harmed can be made whole again.
Patriots Law Group is a veteran owned general practice law firm that provides legal services to the military and veteran communities. PLG was formed by attorneys who served in the military and understand the unique circumstances that service members and their families face when a legal issue arises. The attorneys at PLG have service in their DNA and have forged their values through years of military training and experience. PLG has attorneys experienced in military justice, family law, criminal defense, federal litigation, courts-martial, and more.
Learn more about Patriots Law Group at www.patriotslawgroup.com.
Contact: |
Patriots Law Group |
of Lyons & Hughes, P.C. |
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Phone: |
(301) 952-9000 |