FOR IMMEDIATE RELEASE: May 1, 2026
ARLINGTON, VA— On April 24, 2026, the National Veterans Legal Services Program (NVLSP) and Dechert LLP filed a class action complaint in the United States District Court for the District of Columbia, on behalf of Anthony Gontarz, and a class of current and former members of a Reserve Component of the United States Armed Forces, challenging that policy under the Administrative Procedure Act. The lawsuit alleges Department of Defense’s (“DoD”) policy and practice unlawfully deprives Reserve Component servicemembers of the Transitional Assistance Management Program (“TAMP”) based on criteria not authorized by statute.
The lawsuit asks the court to declare the policy unlawful, enjoin its application in the future, and direct DoD to reprocess TAMP eligibility for Mr. Gontarz and class members.
Over 770,000 Americans serve in a Reserve Component of the United States Armed Forces—the Army Reserve, Army National Guard, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Air National Guard, and Coast Guard Reserve. Since the terrorist attacks of September 11, 2001, these servicemembers have been mobilized at historically unprecedented levels, serving in roles indistinguishable from their active duty counterparts and evolving into an operational force that the Nation relies on for sustained global and domestic missions.
In doing so, they and their families have borne the burdens of repeated separations, disrupted civilian employment, and prolonged absences from home. When a Reserve Component servicemember returns from active duty, the transition back to civilian life is often abrupt and uncertain—raising immediate concerns about employment, income stability, and continued access to healthcare.
Congress addressed that risk directly by creating TAMP, which guarantees Reserve Component servicemembers eligibility for 180 days of premium-free medical and dental coverage following the end of a qualifying period of active duty. Congress defined qualifying service to include activation of more than 30 days during a national emergency declared by the President or Congress without regard to the type of active duty service.
The DoD has implemented and enforced a contrary, extra-statutory policy that denies TAMP to otherwise eligible servicemembers based on an internal administrative coding requirement. Specifically, DoD conditions eligibility for TAMP on whether a servicemember’s orders are coded as “in support of a contingency operation” in the Defense Enrollment Eligibility Reporting System (“DEERS”), the DoD’s internal system for tracking personnel status and benefits eligibility. That requirement does not appear in the statute. Instead, it is imposed through DoD’s implementing regulation.
“Congress made a clear promise to Reserve servicemembers: if you are called to serve your country during a national emergency, you will not be left without healthcare when you return home,” said Esther Leibfarth, Senior Managing Attorney at NVLSP. “The Department of Defense cannot rewrite that promise through internal coding rules that have no basis in law. This case is about enforcing the law and ensuring that those who serve are not left without the benefits they earned.”
“Mr. Gontarz has served his country for over two decades, and he has done so with distinction,” said Jay Jurata, Dechert partner and Navy veteran. “Reservists like Mr. Gontarz play a critical role in our national security, and we are honored to represent him in seeking to ensure that the benefits Congress promised are lawfully provided.”
The Dechert team also includes counsel Brian Hanna, law clerk Nimisha Noronha, and senior paralegal Kenneth Hunter. In addition to Ms. Leibfarth, the NVLSP team also includes Director of Lawyers Serving Warriors® Rochelle Bobroff and Staff Attorney Matthew Handley.
About The National Veterans Legal Services Program (NVLSP)
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $7.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation’s definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information, go to nvlsp.org.
About Dechert
Dechert is the law firm that helps business leaders lead.
For more than 150 years, we have advised clients on critical issues – from high-stakes litigation to first-in-market transaction structures and complex regulatory matters. Our lawyers in commercial centers worldwide are immersed in the key sectors we serve – financial services, private capital, real estate, life sciences and technology.
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Media contacts:
For NVLSP: Patty Briotta, 202-621-5698, patty@nvlsp.org
For Dechert: Lauren Salvatore, 212-649-8747, lauren.salvatore@dechert.com