The Air Force Led the Way on Enforcement – Airmen Paid the Price
Of all the armed services, the U.S. Air Force was the first to begin actively discharging members for refusing the COVID-19 vaccine. With an active-duty compliance deadline of November 2021, the Air Force moved faster and more aggressively than almost any other branch in separating airmen who declined the shot. Many cited sincerely held religious beliefs. Others raised lawful concerns about the Emergency Use Authorization status of the vaccines available at the time. The result was the same: thousands of airmen were processed for separation, often within months of submitting their religious accommodation requests.
By the time Congress rescinded the mandate in January 2023, it is believed that the Air Force had discharged more service members for vaccine refusal than any other branch. Careers built on combat deployments, intelligence work, pilot training, and decades of honorable service ended over a single medical decision. The mandate is gone, but the consequences for those airmen did not disappear with it – and there has been no automatic remedy. The remedy is being pursued in federal court.
Bassen v. United States: How Former Airmen Can Recover Back Pay
Bassen et al. v. United States is a case filed in the U.S. Court of Federal Claims on behalf of approximately 8,500 active-duty service members – including airmen – who were involuntarily discharged or forced into early retirement due to their unvaccinated status under the DoD mandate. The case was filed by Military Back Pay PLLC on behalf of all former non-Coast Guard service members who were on Title 10 active-duty orders at the time of their separation. That includes active-duty Air Force, Air Force ADOS, Air Force AGR, and Air Force Reserve members who were on Title 10 orders.
Lead attorney Dale Saran is a retired military officer who has spent years representing service members in claims against the federal government. The team representing Air Force plaintiffs understands not just the statutory framework, but what it means to lose a career in uniform – and what is at stake when the Air Force takes it away.
What Former Airmen May Be Owed
Every airman’s situation is different, but the categories of potential recovery in Bassen include: base pay from the date of wrongful discharge through what would have been normal separation or retirement; all special and incentive pays; Basic Allowance for Housing and Subsistence; retirement benefits – especially for airmen who were within striking distance of 20 years of service; enlistment, reenlistment, and aviation bonuses that were clawed back; and correction of military records, including discharge characterization and reentry codes.
How to Join the Case
If you are a former service member who was discharged, constructively separated, or forced into early retirement between August 24, 2021 and January 10, 2023 due to refusal of the COVID-19 vaccine, visit militarybackpay.com to complete the free opt-in form. There is no upfront cost, no obligation to return to service, and no risk in getting your case reviewed.
Think you qualify? Visit militarybackpay.com to complete the opt-in form.
The airmen who stood by their convictions deserve the same resolve in recovering what is rightfully theirs. We are ready to fight that battle.
