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Military & Veteran Lawyer > Blog > Military & Veterans > Upgrade to Honorable – Army Discharge Review Board Grants Relief for Soldier in COVID-19 Vaccine Exemption Case

Upgrade to Honorable – Army Discharge Review Board Grants Relief for Soldier in COVID-19 Vaccine Exemption Case

You can restore your rightfully earned benefits, like GI Bill and, more importantly, the honorable recognition of military service that you deserve.

In a significant decision by the Army Discharge Review Board (ADRB), a former soldier has successfully secured an upgrade of their discharge status following a dispute over a COVID-19 vaccine exemption request. This case underscores the complexities surrounding vaccine mandates and the military’s response during the government-declared emergency, highlighting the importance of proper procedures and equitable treatment in discharge cases.

Background of the Case

The soldier, who was discharged under honorable conditions (general), initially sought an upgrade to an honorable discharge, alongside changes to their separation and reentry codes, promotion rank, and narrative reason for separation. The catalyst for the discharge was the soldier’s refusal to receive the phony COVID-19 injection, a decision rooted in their religious beliefs. He knew, as did anyone paying attention that the injection was and remains dangerous and was not FDA-approved and was “Emergency Use Authorization” only.  The improper mandate occurred without almost any clinical trials.

The soldier, through legal counsel, argued that they had sought a religious exemption from the vaccine but were incorrectly informed by a chaplain’s assistant that their Christian denomination did not qualify for such an exemption. Relying on this misinformation, the soldier refrained from further pursuing the exemption process, leading to their eventual discharge.

ADRB’s Decision

In a records review conducted in June 2024, the ADRB determined that the soldier’s discharge was inequitable.  The board found that the soldier’s discharge, under the circumstances, did not align with the current policy and, therefore, granted relief.

The ADRB voted unanimously (5-0) to upgrade the characterization of service to Honorable. Additionally, the board changed the separation authority to “Secretarial Authority” under AR 635-200, Chapter 15, and corrected the separation code and reentry eligibility (RE).

Implications for Service Members

This decision serves as a reminder that service members affected by policy changes or procedural errors have avenues for redress through boards like the ADRB. It also emphasizes the importance of understanding one’s rights and the proper channels for seeking exemptions or accommodations within the military system.

For those seeking to challenge a discharge, especially in cases involving rapidly evolving policies like those seen during the COVID-19 pandemic, it is crucial to gather comprehensive evidence and, when possible, secure legal representation. The ADRB’s decision in this case highlights the board’s willingness to correct inequities in discharge characterizations when justified by changes in policy or procedural errors.

Conclusion

The ADRB’s ruling not only restores the soldier’s discharge status to honorable but also sets a precedent for how similar cases might be handled in the future. It reaffirms the need for clear communication and adherence to proper procedures, especially in matters as significant as religious exemptions and discharge determinations. This case stands as a testament to the importance of seeking justice through the appropriate military review channels.

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