Military Backpay


Plaintiffs Jeremiah Botello, et al., 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 ancillary relief for compensation (points), reinstatement, and other relief owed to current and former active status members of the Air and Army National Guard (“National Guard” or “Guardsmen”) and Reserve component members of the Armed Forces (“Reserves”)1 who were dropped from active status and denied pay and benefits as a consequence of not being “fully vaccinated” pursuant to the Department of Defense’s unlawful (“DoD”) August 24, 2021 COVID-19 vaccine mandate (“DoD Mandate”), see Ex. 1, Aug. 24, 2021 SECDEF Mandate Memo, and the DoD’s November 30, 2021 supplemental directive for National Guard and Reserve. Ex. 2, Nov. 30, 2021 Supplemental Directive.

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.”

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

ECF 20: Amended Complaint

ECF 23: Motion to Dismiss Amended Complaint

ECF 24: Response to Motion to Dismiss

ECF 26: Motion to Dismiss Reply by USA