A Marine who adopted an Afghan war orphan amid a lengthy legal clash will remain on active duty, a panel of officers ruled Tuesday.
The baby girl was found abandoned on an Afghan battlefield in 2019 and Major Joshua Mast, 41, faced accusations of conduct unbecoming of an officer during his plans to bring her to the U.S.
Although still in Afghanistan, the girl was adopted by Mast and his wife through a Virginia court as Afghan officials were trying to reunite her with extended family, who later cared for her for 18 months while the adoption was processed.
The panel of three Marines determined that while some of his actions warranted misconduct findings, they did not justify separation from the military.
Marine Major Joshua Mast, center, speaks with his attorneys during a break in a hearing on a custody battle over an Afghan orphan, at the Circuit Courthouse in Charlottesville, Virginia, on March 30, 2023. This week’s Marine Corps panel found evidence of some misconduct, but not enough to justify Mast’s separation from the military.
AP Photo/Cliff Owen, File
When the Taliban regained control in 2021, Mast helped the girl’s aunt and cousin flee Afghanistan to the U.S., promising a better education for the girl. Once the family reached the States, Mast used the adoption papers to gain custody of the girl, who has since lived with his family—now in Hampstead, North Carolina.
During the five-day board of inquiry at Camp Lejeune, Marine Corps attorneys argued that Mast disregarded orders, misused a government computer and mishandled classified information in his efforts to secure custody.
While the board found some evidence of misconduct, it dismissed allegations that Mast made false official statements or disobeyed direct orders. The board’s report will be sent up the ladder to the Secretary of the Navy, who will close the case against Mast.
A report documenting the substantiated misconduct will be added to Mast’s personnel file, potentially affecting future promotions and assignments, and the legal battle over the child’s custody is not all said and done.
The Afghan couple who cared for the girl in their country is challenging the Virginia adoption, arguing that it should be overturned. Earlier this year, the Virginia Court of Appeals ruled the adoption had been improperly granted. The case is now before the state Supreme Court.
Prior to this, interventions arose from the Department of Justice, alleging that Mast misled federal authorities and the Virginia court, arguing that his actions threaten America’s international standing.
Marine Major Joshua Mast and his wife, Stephanie, walk out of Circuit Court, March 30, 2023 in Charlottesville, Virginia. The Department of Justice accused Mast of misleading officials, potentially harming the U.S.’s international reputation. Mast’s wife defended their actions, framing them as consistent with American and Marine Corps values.
AP Photo/Cliff Owen, File
The State Department also weighed in, defending its efforts to reunite the girl with her Afghan family. It stated that its actions were “consistent with international law and U.S. policy to take appropriate steps to facilitate the reunion of families separated during armed conflict.”
The department has since urged the Virginia courts to return the child to her Afghan relatives.
Much of the panel inquiry hearing took place behind closed doors, as attorneys presented classified evidence. Mast delivered an unsworn statement during a closed session, avoiding cross-examination.
His wife, Stephanie Mast, testified publicly. She portrayed her husband’s actions as an extension of Marine Corps values, emphasizing his dedication to safeguarding the child. “It was very much an American response,” she said. “We value human life. As Marines, you serve and protect.”
The board questioned why the couple continued pursuing adoption after the girl was reunited with her family in Afghanistan. She explained that their priority was always bringing the child to the U.S.
“We believe in life, liberty and the pursuit of happiness. And we wanted her to have that,” she said, leaving a sour taste in some mouths by contrasting that with her description of Afghans’ “survival mentality.”
This article includes reporting from the Associated Press.
