COVID Vaccine Refusers in Military Get Full Reinstatement Offer
Published Date: 2/3/2025
Presidential Document
Summary
The government is giving a big welcome back to military members who were kicked out just for refusing the COVID-19 vaccine. If you were discharged or left the service because of the vaccine rule, you can get your old rank, pay, and benefits restored. The military has 60 days to start making this happen, so expect some fast moves and fair paybacks!
Analyzed Economic Effects
6 provisions identified: 3 benefits, 2 costs, 1 mixed.
Reinstatement Offered to Discharged Troops
If you were discharged from active or reserve military service solely for refusing the COVID-19 vaccine and you request reinstatement, the Secretary of Defense or the Secretary of Homeland Security must make reinstatement available. This order was issued January 27, 2025 and applies to service members (active and reserve) who ask to be reinstated.
Restore Rank, Back Pay, Benefits
Those reinstated under the order may revert to their former rank and receive full back pay, benefits, bonus payments, or compensation as permitted by law. The order directs the Secretary of Defense or Secretary of Homeland Security to enable these restorations.
Return for Voluntary Leavers Without Penalty
If you provide a written and sworn attestation that you voluntarily left the service or allowed your service to lapse rather than be vaccinated under the mandate, you can return to service with no impact on your service status, rank, or pay. The order explicitly covers such voluntary departures.
Implementation Depends on Funding Availability
The order must be implemented consistent with applicable law and is subject to the availability of appropriations. That means payments, benefits, or other actions directed by the order could be limited or delayed if funds are not appropriated.
Order Does Not Create Enforceable Rights
The order states it 'is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity' against the United States or its agencies. Individuals cannot rely on this order alone as a legal basis to sue the government for enforcement.
Discipline Still Possible under UCMJ
The order does not prevent disciplinary or administrative action for conduct prohibited by the Uniform Code of Military Justice (10 U.S.C. 801–946a). Reinstated or returning service members remain subject to UCMJ action for proscribed conduct.
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Key Dates
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