Military Backpay


Plaintiffs Nick Bassen, Isaac Daily, Andrew Merjil, Paul Rodriguez, Hunter Springer, and Derrick Wynne, on behalf of themselves and a class of similarly situated persons, bring this class action against Defendant United States of America (the “Government”) and allege as follows upon personal knowledge as to themselves and their own acts and experiences, and, as to all other matters, upon reasonable information and belief, including investigation conducted by their attorneys.

This is a military class action for backpay along with necessary ancillary relief for reinstatement, and/or points, and other relief for current and former members of the Air Force, Army, Navy, Marine Corps and Space Force (“Armed Services”) on active duty (“Active-Duty Service Members”) who were discharged, constructively discharged, and/or separated, and denied pay and benefits as a consequence of not being “fully
vaccinated” pursuant to Department of Defense (“DoD”) Secretary Lloyd Austin, III’s unlawful August 24, 2021 COVID-19 vaccine mandate and subsequent orders implementing the mandate (“DoD Mandate”). See Ex. 1, Aug. 24, 2021 SECDEF Mandate Memo.

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”).

ECF 1: Complaint Bassen v. The United States of America

ECF 16: Amended Complaint

ECF 22: Motion to Dismiss Amended Complaint

ECF 23: Response to Dismiss Amended Complaint

ECF 26: Motion to Dismiss Reply by USA