The Marine Corps originally decided to discharge Marine Maj. Jason Brezler for mishandling classified information but a federal judge has overturned the Marine Corps decision.
Brezler was accused of mishandling the information after he warned Marines in Afghanistan about an Afghan police chief days before a deadly insider attack in August 2012.
In December 2013, a board of inquiry recommended he be discharged for using his personal email account to send classified information to Marines about an Afghan police chief accused of sexually assaulting young boys.
Brezler contested the Marine Corps decision by filing a lawsuit, stating the wrongfully retaliated against him for contacting Washington about his concerns.
According to the Marine Corps Times, Joseph Bianco, U.S. District Judge in New York, ruled that the government had not granted Brezler full access to records related to his claim.
“For example, if communications prior to the Marine Corps Times article indicate that the Navy did not contemplate a BOI [board of inquiry] , or indicate an affirmative decision not to initiate a BOI, such communications would be highly relevant to Major Brezler’s claim that the BOI was retaliatory,” Bianco wrote in Tuesday’s decision.
Bianco ordered the Navy hold a new board of inquiry hearing, saying Brezler could “fully and fairly present relevant evidence” to support his claims of retaliation.
“This is a stunning rebuke of the fundamentally unjust proceedings to which this decorated Marine was subjected for over three years,” Brezler’s attorney Michael Bowe said in a statement on Tuesday.
According to the Times, Brezler will remain in the Marine Corps.
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