Servicemembers May Have Their Records Expunged or Discharges Upgraded for Refusing COVID Vaccine

Servicemembers May Have Their Records Expunged or Discharges Upgraded For Refusing COVID Vaccine

In a recent settlement, the U.S. Navy has agreed to expunge the records of those Sailors who refused the COVID-19 vaccine due to religious objections, highlighting a significant development in military law and a significant victory for those who challenged the service’s mandatory vaccination policy under military legal frameworks.

Religious Accommodation in the Military

Military regulations require service members to receive vaccinations considered mandatory. However, the law also requires “reasonable accommodations” for sincerely held religious beliefs, unless doing so would adversely impact military readiness. “Reasonable accommodations” could included avoiding vaccinations.  

However, this settlement recognizes, among other things, that the Navy failed to properly evaluate “reasonable accommodations.”  As a result, the Navy has agreed to “expunge” the records of Sailors and Marines who received adverse action after refusing the COVID vaccination on grounds of religious exemption. 

Key Takeaways for Service Members

If you or a loved one are one of the many who received adverse action or separation for refusing the COVID vaccination on religious grounds, it is likely that this settlement will benefit you.  While the settlement requires the Navy to “seek out” those who might be eligible and to then take action, we don’t recommend you rely upon the Navy to “fix” your record or ensure you receive the benefits to which you are entitled. Please consider reaching out to an attorney experienced in military law to ensure you or your loved one receives the benefits you deserve.  

At King Military Law, we are dedicated to protecting all rights of our men and women who serve.  If you or a loved one need help with any military legal matter, please feel free to give us a call for a free consultation. 

KML Blue Stars Logo

King Military Law: Over a century of experience in your corner – when experience matters most