Update on Adverse Actions Due to Phony Vaccine – Emergency Use Authorization – Upgrades of Discharges and Possible Reinstatement

First of all, last week our client received an upgrade to Honorable from a General Discharge based on refusing to take the phony injection.

The background is that on 10 January 2023, the Secretary of Defense, SECDEF, cancelled the dangerous and devastating mandatory COVID-19 vaccination mandate.  In doing so, he directed that each service implement policies to correct the administrative injustice that resulted, including Administrative Counseling, Personnel Evaluations and Administrative Separations.  However, what remedy can service members seek when the “injustice” falls outside these few administrative penalties?

We recently were blessed to assist one of these patriots who had a valid need for a medical exemption to the phony vaccine mandate with his treating physician’s signed letter.  The local Commander rejected it without forwarding to the chain of command, our client felt forced to retire from the service or face further administrative processing. As an AGR, Active Guard Reserve, that decision caused him to lose full-time pay and healthcare benefits for him and his children.

So far, SECDEF has not created a solution for the problem facing our client. But we have made efforts for reinstatement.

The military services halted all COVID-19 compulsory vaccination requirements and rescinded all adverse actions against DOD members based solely on vaccine refusal, including administrative separation.  Further, the services directed that “[f]ormer . . . Service members may petition the . . . Board for Corrections for Military Records to individually request a correction to their personnel records. . .,” and outlines the procedures for removal of all adverse material related to COVID-19 vaccine refusal.  This last provision is for current DOD members only.  So, our service member is left with no “adverse material” to remove and BCNR is not vested with the authority to reinstate this service member.

In the FY24 NDAA Conference Report, Congress outlined Section 526, “Consideration of reinstatement of a member of the Armed Forces involuntarily separated on the basis of refusal to receive a vaccination against COVID-19.”  Both the House and the Senate proposals would direct the Secretary of the military departments to consider reinstating members involuntarily separated solely based on COVID-19 vaccine refusal.  While not involuntarily separated, our client was forced to retire, and this should be reconsidered in the same light.

Policy has shifted regarding the COVID-19 pandemic with a complete understanding of the futility of previous guidance, and our service members have suffered the consequences.

We are advocating for this client, believe that we have the mechanism for reinstatement and we can advocate in your case also.  Don’t let the arbitrary and devastating COVID-19 vaccine mandate define your service.  Let our firm guide you to upgrade your characterization of service and even reinstatement efforts.