PSA: Upgrade Discharge after COVID-19 Vaccination Refusal

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Messy military lawyer. Today’s public service announcement involves the legislation that was recently signed into law by President Biden on December 23rd, 2022, which repealed the Dodd’s mandate to receive Covid 19 vaccines.

It also says that the Department of Defense has 30 days in order to figure out how to implement this repeal of the mandate, and also to go ahead and halt any of these administrative separations that are happening as a result of people’s refusal to take the Covid vaccine. If you or someone you know has already received a mandatory separation because of the covid vaccination refusal to get to get it, you need to be looking to post-service relief. There is a way not only to upgrade your discharge, but potentially to come back in. We’re looking at this similar to what happened when President Clinton had the don’t ask, don’t tell policy, which was later repealed.

Many, many, many veterans who were discharged for what had previously been called homosexual misconduct, and they were all put out of the military. Not only did several of those people, I say several, I mean like hundreds, thousands have people get upgrades to their discharge. But if they requested it, there’s no doubt on my mind that they also would have the ability to get back in. When the military does things that maybe they shouldn’t or they put you out unjustly or unfairly, not only is there a way post-service to apply, to upgrade the discharge, but there’s also a way potentially to ask to come back in, and in some cases you can even get back pay.

Make sure that if you are somebody who faced, mandatory separation for the prior required COVID vaccine, because you refuse to get it for any reason, understand that there’s a significant opportunity for you to upgrade your discharge. Make sure you talk to somebody who knows what they’re talking about. Messy military lawyer.

Jocelyn Stewart is a UCMJ court-martial attorney who specializes in defense of allegations of sexual assault for all branches of the military worldwide.

Contact the Law Office of Jocelyn C. Stewart at 253-212-9582

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