Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations of your rights.

Gathering all relevant documentation, including your discharge papers and any correspondence regarding the vaccine policy, is a crucial first step. This information can help clarify whether your situation aligns with the changes in policy and what kind of legal action might be available to you.

Seeking legal counsel with experience in military law is strongly recommended. They can assess your case in the context of the current laws and regulations, including recent changes. They can also guide you through the process of filing a claim or appeal, should you decide to pursue legal action.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.