Vietnam Veterans of Am. Connecticut Greater Hartford Chapter 120, No. 11-2009, 2014 WL 1281725 (D. Conn. Mar. 28, 2014) (Thompson, J.)
Re: Request for records concerning defendants' use of personality disorder discharges when separating service members from armed forces
Disposition: Denying defendants' motion to dismiss
- Litigation Considerations, Exhaustion of Administrative Remedies: The court holds that "[b]ecause the DoD failed to make a final determination within the statutory 20–day period, the plaintiffs were not required to appeal" and "[t]herefore, the plaintiffs did not fail to exhaust administrative remedies prior to filing the complaint in this action." The court explains that "the DoD's letter to the plaintiffs . . . did not constitute a determination which the plaintiffs were required to appeal in order to exhaust their administrative remedies because it was not a final determination." First, the court notes that "the letter did not state whether the DoD would comply with the request." Second, the court states "the letter did not advise the plaintiffs of their right to appeal." Finally, the court relates that "the letter does not request any information from the plaintiffs so as to toll the 20–day statutory period."