The Army Enforced One of the Harshest Vaccine Mandates in the Military
When the Department of Defense issued its COVID-19 vaccine mandate in August 2021, the U.S. Army moved quickly to enforce it. Soldiers who refused the vaccine – whether for religious, medical, or personal reasons – were subjected to a process that left many with honorable or general discharges, stripped pay, and careers cut short. For thousands of Army veterans, the years of sacrifice, deployments, and service simply stopped counting the moment they said no to the shot.
The DoD vaccine mandate ran from August 24, 2021 through January 10, 2023, when Congress ordered it rescinded through the National Defense Authorization Act. But rescinding the mandate did not restore the pay, benefits, or careers of those already harmed. That’s where Bassen et al. v. United States comes in.
What Is the Bassen Case?
Bassen et al. v. United States is a class action lawsuit filed in the U.S. Court of Federal Claims on behalf of approximately 8,500 active-duty service members – including Army soldiers – who were involuntarily discharged, constructively separated, or forced into early retirement due to their COVID-19 vaccination status. The case was filed by attorneys Dale Saran, Brandon Johnson, and J. Andrew Meyer of Military Backpay PLLC.
The Bassen case covers all former non-Coast Guard service members who were on Title 10 active-duty orders at the time of their discharge or constructive separation. This means if you were a Regular Army soldier, an Army Reserve soldier on active orders, or an Army National Guard soldier federally activated under Title 10, you may be covered.
What Army Soldiers Lost
Army soldiers impacted by the mandate faced consequences that extended far beyond their final paycheck. Many lost:
Regular base pay from the date of discharge through what would have been their normal separation or retirement date. Special pays and allowances, including Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), hazardous duty pay, and more. Retirement eligibility – soldiers forced out before reaching 20 years of service lost the retirement they had spent years building. Promotions they were in line for but never received. Enlistment or reenlistment bonuses they were forced to repay. Post-9/11 GI Bill benefits and other education entitlements.
In some cases, the Army took an additional step that compounded the injustice: it demanded that affected soldiers repay bonuses, tuition assistance, and other benefits already received. The Bassen lawsuit seeks recovery of those forced repayments as well.
Who Qualifies Among Army Veterans?
You may have a claim under Bassen if you served in the U.S. Army (Regular Army, Army Reserve on Title 10 orders, or federally activated Army National Guard) and you were involuntarily discharged, constructively discharged, or forced into early retirement due to your COVID-19 vaccination status between August 24, 2021 and January 10, 2023. You may also qualify if you were denied promotions, denied pay increases, or had bonuses or benefits clawed back during that period.
The best way to find out if you qualify is to complete the free opt-in form at militarybackpay.com. You will never need to return to active duty to receive your back pay.
How Much Could Army Veterans Recover?
That depends on the individual’s rank, years of service, specialty pay, and the length of time between wrongful discharge and what would have been a normal separation. Senior NCOs and officers who were pushed out before retirement can potentially recover the largest amounts – sometimes hundreds of thousands of dollars when lost retirement benefits are factored in. But even soldiers who served for a shorter period may be owed significant sums.
Lead attorney Dale Saran has described the total potential recovery across all cases as ‘worth billions’ – and much of that number is driven by Army veterans, given the sheer size of the active-duty force.
Think you qualify? Visit militarybackpay.com to complete the opt-in form at no cost. Our attorneys will review your case and let you know what you may be owed.
