The Navy’s COVID Vaccine Mandate Hit Sailors Hard
The U.S. Navy was among the first services to implement the Department of Defense’s COVID-19 vaccine mandate, and it enforced that mandate with significant consequences for those who refused. Sailors – from junior enlisted to senior officers – who declined the vaccine were separated from service, often without a meaningful opportunity to challenge their discharge or appeal a denied religious accommodation.
By the time Congress mandated rescission of the policy in January 2023, thousands of Navy sailors had already lost their careers, their income, and in many cases their path to retirement. The rescission did not come with a check. That’s what the Bassen v. United States lawsuit is trying to change.
Bassen v. United States: The Case for Navy Veterans
Bassen et al. v. United States is a class action lawsuit filed in the U.S. Court of Federal Claims representing approximately 8,500 active-duty service members across all branches (except the Coast Guard), including the Navy. The case was filed by Military Back Pay PLLC attorneys Dale Saran, Brandon Johnson, and J. Andrew Meyer.
The case covers all former service members who were on Title 10 active-duty orders when they were discharged, constructively separated, or forced into early retirement due to COVID-19 vaccination status. If you were a Regular Navy sailor or were serving on active orders when separated, you are likely within the Bassen class.
What Sailors Stand to Recover
Navy sailors separated under the vaccine mandate may have claims for back pay from the date of separation through what would have been their normal end of service or retirement date; all special pays and allowances such as sea pay, hazardous duty pay, flight pay, BAH, and BAS; retirement benefits for those who were within reach of 20-year retirement eligibility; repayment of bonuses or GI Bill benefits they were forced to return; and correction of their military records to reflect the injustice they experienced.
For Navy veterans with specialized ratings or officers at senior pay grades, the financial stakes can be substantial – potentially running into six figures depending on years of service, rank, and specialty pays involved.
How to Know If You Qualify
Navy veterans who were on Title 10 active-duty orders between August 24, 2021 and January 10, 2023, and who were involuntarily discharged, constructively discharged, or forced out early because of COVID-19 vaccine refusal, should complete the opt-in form at militarybackpay.com. The process has no upfront cost, and you never have to return to service to receive your back pay if awarded.
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 how we may be able to help.
