BOTELLO

TITLE 32 u.s. NATIONAL GUARD

Botello v. United States is a pivotal class action lawsuit filed on behalf of thousands of National Guard and Reserve members who were unfairly discharged, denied assignments, promotions, or reenlistment because of their COVID-19 vaccination status.

Unlike active-duty service members, Guard and Reserve troops often faced quiet, administrative separation—removed from service without the process or protections of a formal discharge. Many were prevented from drilling, mobilizing, or advancing their military careers, despite years of honorable service.

Botello covers all affected Guard and Reserve members across all branches (excluding the Coast Guard) who were serving in a reserve capacity or were actively drilling when they experienced career-ending consequences due to their vaccination choice.

At its heart, this case seeks to restore lost pay, benefits, and service credit—and to ensure that those who served with dedication aren’t left behind due to unlawful or discriminatory policies.

Class Action
Opt-In Form

1Contact Information

2Service History

3Your Experience

4Representation Details

Please fill out this questionnaire promptly to determine if you are eligible for compensation, there may be deadlines related to your opt-in.

Contact Information

Full Name*

First Name Last Name

Phone Number*

Email Address*

Address*

Your Street Address City State ZIP Code

Are you currently on Active Duty?

YES

Consent*

By checking this box, I expressly agree to our Terms of Service and Privacy Policy. You authorize us, our service providers and partners to contact you by email and phone using the details you provided, as well as other automated communication technologies, which could include SMS text messages even if your phone number is listed on any state, federal or other Do Not Call lists. I understand I may opt out at any time from communications to avoid receiving calls or SMS messages. You acknowledge that there is no guarantee that we will be able to represent you until we have reviewed all the materials related to your case. *

Service History

This field is hidden when viewing the form

Section Break

Please select where you currently serve:*

Army National Guard – Title 32

Army National Guard – Title 10

Air National Guard – Title 32

Air National Guard – Title 10

AGR (Active Guard Reserve)

M-Day (Traditional part-time service)

State Active Duty (SAD)

Dual Status Technician

ADOS / ADSW (short-term active duty orders)

What is you current rank?*

(E - Enlisted, W- Warrant Officer, O - Commissioned Officer)

What is your current pay grade?*

Please tell us about your time serving in the National Guard:

When did you initially join the National Guard?*

Day

Month

Year

If you rejoined the National Guard, when did your current (active) contract start?

Day

Month

Year

When does your current (active) contract end?*

Day

Month

Year

What is the current contract length of your current enlistment?

Years

Months

This field is hidden when viewing the form

Section Break

Please select where you last served:*

Army National Guard – Title 32

Army National Guard – Title 10

Air National Guard – Title 32

Air National Guard – Title 10

AGR (Active Guard Reserve)

M-Day (Traditional part-time service)

State Active Duty (SAD)

Dual Status Technician

ADOS / ADSW (short-term active duty orders)

What was the last rank you achieved?*

(E - Enlisted, W - Warrant Officer, O - Commissioned Officer)

What was your last pay grade?*

Please tell us about your time serving in the National Guard:

Started Service  (Service Entry Date)*

Day

Month

Year

End of Service (End of Service Date)*

Day

Month

Year

oops..please check all dates on this page are correct.

This field is hidden when viewing the form

Section Break

Did you file a Religious Accommodation Request (RAR)?

YES

This field is hidden when viewing the form

Section Break

When did you file this Religious Accommodation Request (RAR)?

Month*

Year*

Was the Religious Accommodation Request (RAR) denied?*

YES

UNSURE / NO ANSWER

This field is hidden when viewing the form

Section Break

What date was the Religious Accommodation Request (RAR) denied?

Month*

Year*

Did you appeal the Religious Accommodation Request (RAR) denial?*

YES

This field is hidden when viewing the form

Section Break

When did you appeal the RAR denial?

Month*

Year*

Was the Religious Accommodation Request (RAR) appeal denied?*

YES

NO RULING

This field is hidden when viewing the form

Section Break

What was the date of the appeal decision?

Month*

Year*

Were you ever federally activated (Title 10/AGR orders) or deployed overseas while in the National Guard?*

Yes – Activated under Title 10

Yes – Deployed overseas

Yes – Activated for domestic operations under Title 32

YOUR EXPERIENCE BEING UNVACCINATED IN THE U.S. NATIONAL GUARD

Please select any of the following that apply to your experience being unvaccinated in the U.S. National Guard: (select all that apply)*

Involuntarily separated

Left service at my ETS as part of an administrative exemption

Separated rather than face court-martial or an adverse involuntary administrative separation

Removed from a promotion list

Removed from consideration by a promotion or any other board

Removed from a professional school

Prohibited from a promotion or attendance at a professional school

Removed from Command

Removed from a position and lost entitlement to pay as a result

Remained on Active Duty despite the actions taken against me

Do you know your address at time of discharge?*

YES

Address at time of discharge*

Street Address City State ZIP Code

This field is hidden when viewing the form

Section Break

Did you receive a DD-214?*

YES

This field is hidden when viewing the form

Section Break

Please give Month and Year when you received DD-214.

Month*

Year*

This field is hidden when viewing the form

Section Break

What type of discharge did you receive?*

Your Re-enlistment Code

Your Separation Code

How many (years/months) were left on your obligation to the National Guard at the time of your discharge?

Years*

Months*

As a direct result of your discharge please select any of the following that apply:

Had money recouped by National Guard

Lost my education benefits

Was indebted to the government as a result

None of the above

How much money was recouped by the National Guard as a result of your discharge?*

Were you eligiible for federal benefits from the Veterans Affairs (VA) at the time of your discharge?*

Yes - I served under Title 10 Orders

Yes - I was Federally actived under Title 32

No - I only Served under State Active Duty (SAD)

Unsure

Did you receive any monthly special or incentive pays at the time of your discharge?*

YES

Please select any of the monthly special or incentive pays you were receiving at the time of your discharge?*

Assignment Incentive Pay (AIP)

Aviation Incentive Pay (AvIP)

Career Enlisted Flyer Incentive Pay (CEFIP)

Career Sea Pay (CSP)

Cyber Skills Incentive Pay

Dental Officer Special Pays

Diving Duty Pay

Family Separation Allowance (FSA)

Flight Pay (AvIP for Enlisted)

Foreign Language Proficiency Bonus (FLPB)

Hardship Duty Pay (HDP)

Hazardous Duty Incentive Pay (HDIP)

Hostile Fire Pay (HFP) / Imminent Danger Pay (IDP)

Jump Pay / Parachute Duty Pay

Korea Assignment Incentive Program (KAIP)

Medical Officer Special Pays

Montgomery GI Bill Kicker

Nuclear Officer Incentive Pay

Nurse Corps Officer Special Pays

Optometrist and Veterinarian Pays

Pharmacy Officer Pay

Special Duty Assignment Pay (SDAP)

Submarine Duty Pay (SUBPAY)

Other

What was the total additional monthly payment amount you received in special or incentive pay?*

Did you receive BAH (Basic Allowance for Housing)? If so, with dependents or without dependents?*

YES WITH DEPENDENTS

YES WITHOUT DEPENDENTS

Were you eligible to re-enlist at the time of discharge?*

YES

UNSURE

Were you offered a Re-enlistment Board?*

YES

UNSURE

Were you ever contacted by the Return to Service team after leaving the National Guard?*

YES

UNSURE

Did you return to service?

YES

UNSURE

What date did you return to service?

Month*

Year*

This field is hidden when viewing the form

Section Break

Were you evaluated medically before you left the National Guard?*

YES

After discharge, did you receive a disability rating from the Veterans Affairs (VA) Office?*

YES

IF YES, what was the rating*

Class Action Attorney Representation

Are you currently represented by an attorney regarding your discharge as a result of the Covid-19 vaccine mandate matter?*

YES

Please provide the name of the law firm or attorney representing you*

This field is hidden when viewing the form

Section Break

LEARN MORE ABOUT HOW WE CAN HELP YOU

If you’re interested in learning about the cases we have already filed and whether we might be able to help you, you’ve come to the right place. In this video, you’ll get an overview of the cases on file and what qualifying criteria are for each.

PLAY VIDEO

BOTELLO

TITLE 32 u.s. NATIONAL GUARD

TITLE 32 u.s. NATIONAL GUARD

Class Action Opt-In Form

Contact Information

Service History

Section Break

Section Break

Section Break

Section Break

Section Break

Section Break

Section Break

YOUR EXPERIENCE BEING UNVACCINATED IN THE U.S. NATIONAL GUARD

Section Break

Section Break

Section Break

Section Break

Class Action Attorney Representation

Section Break

FREQUENTLY ASKED QUESTIONS

Class Action
Opt-In Form