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119-s-2097119th CongressWALLET

COVID–19 Military Backpay Act of 2025

Sponsored By: Senator Sheehy, Tim [R-MT]

Introduced

Summary

Restoring pay and service credit to military members discharged over the COVID-19 vaccination mandate. The bill would create a pathway to file a civil action in the Court of Federal Claims for monetary and non‑monetary relief if a discharge is found involuntary or unlawful.

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  • Service members discharged under the August 24, 2021 DoD vaccine memorandum would be able to sue in the Court of Federal Claims to challenge their discharge and seek remedies. These remedies are available in addition to relief under Executive Order 14184.
  • Reserve components and National Guard members could receive compensation for missed inactive‑duty training, and those payments would not be reduced because of civilian earnings after discharge.
  • A successful claimant could get presumed service credit for the discharge period, potential retirement or separation benefits as if service had continued, recognition for 18‑ or 20‑year service where applicable, and up to a two‑year reenlistment or extension period.
  • The Court of Federal Claims would retain jurisdiction over these cases despite limits in 28 U.S.C. 1500 and the law would apply to covered claims already pending on enactment.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Relief for military vaccine discharges

If enacted, members subject to the August 24, 2021 COVID-19 vaccine mandate could sue in the Court of Federal Claims over vaccine-related discharges. The bill would create special evidentiary rules that block a "voluntary" defense when discharge was only for not getting the vaccine and treat some discharge reasons as proof the discharge was involuntary. If a court finds the discharge involuntary, the court could deem you to have continued serving through your enlistment and for two more years. Reaching 20 years would be treated as retirement with retired pay; reaching 18 years would count for retention rules. Reservists and Guard members could get pay for inactive-duty training they missed, and that pay could not be reduced because of civilian earnings. The court remedies would be in addition to relief under Executive Order 14184.

Sponsors & CoSponsors

Sponsor

Sheehy, Tim [R-MT]

MT • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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