Reinstating Service Members Discharged Under the Military's COVID-19 Vaccination Mandate
The order directs the Secretary of Defense and Secretary of Homeland Security to make reinstatement available to military service members — active and reserve — who were discharged solely for refusing the COVID-19 vaccine, restoring their former rank and awarding full back pay, benefits, and bonuses.
It also covers service members who voluntarily left rather than comply with the mandate, allowing them to return with no penalty to their rank, status, or pay. The order addresses a policy the President characterizes as an unjust dismissal of personnel who had given years of service.
What this order does
What it orders
The order directs the Secretary of Defense and the Secretary of Homeland Security to take all lawful steps to offer reinstatement to military service members — active and reserve component — who were discharged solely for refusing the COVID-19 vaccine and who request to be reinstated. Reinstated members may revert to their former rank and receive full back pay, benefits, bonus payments, and other compensation. Members who can provide a written sworn statement that they voluntarily left or let their service lapse to avoid the vaccine mandate may also return to service with no impact on rank, status, or pay.
The order preserves the government's authority to pursue disciplinary or administrative action under the Uniform Code of Military Justice for any separately proscribed conduct. It includes a severability clause and standard provisions clarifying it creates no individually enforceable legal rights.
Who it affects
Current and former military service members — in both active and reserve components — who were discharged or left service solely because of the COVID-19 vaccination mandate rescinded in January 2023. Families of those members may also be affected by restored benefits and back pay.
Why it matters
Former service members dismissed over vaccine refusal regain the ability to return to military service at their prior rank with back pay and benefits. Those who voluntarily departed face no career penalty for doing so. The financial and career impact on individual service members could be substantial depending on years of lost service.
What must happen and when
How the order is supposed to work
The Secretaries of Defense and Homeland Security are the implementing authorities; they must determine eligibility, process reinstatement requests, and calculate back pay and benefits on a case-by-case basis. Voluntary-departure claimants must submit a written sworn attestation. The secretaries must jointly report progress to the President through the National Security Advisor within 60 days. Implementation is subject to the availability of appropriations, meaning Congress must fund back-pay and benefits obligations.
Actions and deadlines
- Make reinstatement available and process requests from eligible discharged service members
- Enable reinstated members to revert to former rank and receive full back pay, benefits, and bonuses
- Allow eligible voluntary-departure members to return to service upon sworn attestation
- Report to the President on implementation progress through the National Security Advisor