Three Lawsuits Filed: Bassen | Botello

Military backpay has filed three lawsuits to meet the varied needs of service members who lost pay and benefits due to the COVID-19 mandate. The Bassen case focuses on former Active Duty and Reserve members who were on Title 10 Active Duty orders during the mandate, the Botello case is for National Guard members who were on Title 32 orders during the mandate and the Harkins case represents Coast Guard members.

BASSEN

FORMER TITLE 10 ACTIVE DUTY OR RESERVE

Bassen v. United States (Active-Duty). Bassen is a class action filed on behalf of the approximately 8,500 active-duty service members who were involuntarily discharged due to their unvaccinated status, as well as any other active-duty service members who were forced into early retirement or were constructively discharged due to their vaccination status.

Bassen includes all former service members (except Coast Guard) who were on Title 10 active-duty orders when discharged, whether Regular or Reserve component (i.e. “federalized”).

BOTELLO

TITLE 32 NATIONAL GUARD

Botello v. United States (National Guard/Reserves). Botello is a class-action seeking backpay and other remedies for 70,000-100,000 members of the Air and Army National Guard, and for reserve members of all services, who were dropped from active-duty orders or active status, denied pay or benefits, or prohibited from participating in drills, training, other duties due to their vaccinated status.

Botello includes all service members (except Coast Guard) on Title 32 Orders in the National Guard or Reserve (i.e. “non-federalized” or “Militia”) when discharged or moved to the “IRR.”

HARKINS

COAST GUARD

Harkins v. United States (Active-Duty and Reserve). Harkins is a class action filed on behalf of the active-duty and reserve Coast Guard members who were involuntarily discharged due to their unvaccinated status, as well as any other Coast Guard members who were forced into early retirement or were constructively discharged due to their vaccination status.

Harkins includes all former members of the Coast Guard when discharged, Active or Reserve component.

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If you want to find out if you’re eligible for back pay, or points for drills you missed, or training that you were prohibited from attending, or other harms done because of your refusal to take the COVID-19 mRNA gene therapies, please fill in the information below and check all the boxes that apply.

Please fill in all of your contact information below, including your city, state, and zip code, then select your branch of service from the dropdown menu. Please include your CURRENT rank and years of service. If applicable, please fill in the DATE of your discharge OR date you were forced to retire. Select your Status AT THE TIME YOU REFUSED AND SUFFERED THE HARMS from the dropdown menu. Finally, please check all of the applicable boxes at the bottom for the harm you suffered – as they best apply to your circumstances. (“None of the Above” is acceptable.)

Injuries Due to Unvaccinated Status/Non-Compliance with Mandate (Check All That Apply)
Active Duty - Involuntarily Discharged/Separated Before ETSActive Duty - Forced Retirement or Retirement in Lieu of DischargeActive Duty Selected but Promotion WithheldReserves/National Guard - Transferred to Inactive Status/IRR/NPNP/No Drilling, Training, or DutiesReserves/National Guard - Discharged, Forced Retirement, Retirement in Lieu of DischargeReserves/National Guard - Full-Time Orders CancelledAny Branch or Status - Indebtedness from Recoupment of bonuses or other paysAny Branch or Status - Indebtedness or Recoupment for GI Bill BenefitsAny Branch or Status - Loss of Entitlements, Allowances, or Pays (Special Pay, SEPS pay, Travel Pay, etc.)