CAMP LEJEUNE, N.C. — A Marine officer who became embroiled in a protracted legal struggle after adopting an Afghan orphan will continue his service in the military. On Tuesday, a Marine review board concluded that although Maj. Joshua Mast displayed conduct unbecoming of an officer during his determined efforts to bring the child to the United States, his actions did not warrant his removal from duty.
During the inquiry, the Marine Corps attorneys contended that Mast had overstepped his authority, ignored directives from superiors, and mishandled classified information in his pursuit of the orphaned girl, who was discovered on an Afghan battlefield in 2019. The board acknowledged that there was enough evidence to support some misconduct claims against him, such as the inappropriate use of a government computer. However, they did clear him of accusations related to providing false statements and ignoring regulations.
Mast, along with his wife Stephanie, formerly resided in rural Fluvanna County, Virginia. They managed to convince a judge to approve their adoption of the child despite her remaining in Afghanistan while governmental agencies sought to reconnect her with her extended family. After the Taliban takeover in 2021, Mast facilitated the escape of the child’s family from Afghanistan. Upon their arrival in the U.S., Mast leveraged the adoption documents to persuade federal authorities to place the child in his care, and she has since resided with the Mast family.
The five-day inquiry panel convened, partly in private, at Camp Lejeune and was aimed at deciding Mast’s suitability to remain in military service. The potential repercussions for Mast included facing an other-than-honorable discharge.
At 41 years old and currently living in Hampstead, North Carolina, Mast refuted the allegations against him, asserting that he had never defied orders and that his supervisors had encouraged him. He maintained he was adhering to Marine Corps values while tirelessly ensuring the safety of the girl. To illustrate his point, he displayed large photographs of her as a baby near Bagram Airfield in Afghanistan and later as a happy toddler in North Carolina.
Despite the board’s decision leading to a report of misconduct being filed in Mast’s records, this could influence future promotions or assignments, according to the Marine Corps. The ruling will be submitted to the Secretary of the Navy, who will subsequently bring closure to the case.
However, the future of the child hangs in the balance. The Afghan couple who fostered her for 18 months is working to reverse Mast’s adoption. The Department of Justice has intervened, asserting that Mast had deceived the Virginia court and federal officials to justify taking the girl, citing concerns that his actions may harm the United States’ international relations.
The State Department has stated that its initiative to collaborate with the Afghan government and the International Committee of the Red Cross was in line with international law and aligned with U.S. policies aimed at facilitating the reunion of families separated during conflict. They have insisted that the Virginia courts should return the child to her Afghan relatives.
Earlier this year, the Virginia Court of Appeals determined that the adoption should not have proceeded and the matter is currently stalled at the state Supreme Court level. The Afghan couple’s legal representatives have not provided immediate comments regarding the situation.
Much of the hearing involved confidential discussions due to the presentation of classified material. Those present were dressed uniformly in military camouflage attire. Mast opted for an unsworn statement during a private session, which meant he could not be cross-examined.
In a rare public testimony, Stephanie Mast shed light on their commitment to bringing the child to their home. Historically, the Masts have refrained from discussing their circumstances in the media, and the case records in Virginia remain sealed. Currently, both the Masts and the Afghan couple are prohibited from public commentary on the state court proceedings.
Emotional while sharing her husband’s decision to fight for the child’s safety, Stephanie argued that his actions exemplified his dedication to Marine Corps principles. She stated, “It was very much an American response. We value human life. As Marines, you serve and protect.”
During the proceedings, board members, which included two lieutenant colonels and a colonel, questioned why the Masts persisted in their adoption efforts even after the girl had been reunited with her relatives in Afghanistan, noting multiple high-level officials, including then-Secretary of State Mike Pompeo, had advised them to cease their actions.
In response, she expressed that bringing the child to the U.S. was their utmost priority, leading board members to consider whether their belief that the child would have better prospects in the U.S. stemmed from Western assumptions. Stephanie articulated, “They have a survival mentality. We believe in life, liberty, and the pursuit of happiness. And we wanted her to have that.”
