The House Armed Services Committee has taken significant steps towards rectifying penalties imposed on servicemembers who refused the COVID-19 vaccine and ensuring the reinstatement of those who were discharged. During Wednesday’s session, the committee approved multiple provisions as part of the 2023 National Defense Authorization Act (NDAA) aimed at addressing these concerns.
While the NDAA repealed Secretary of Defense Lloyd Austin’s vaccine mandate for troops, it created complexities for servicemembers awaiting exemptions or discharges, with negative marks being entered into their personnel records. Furthermore, it failed to reinstate those who had already been discharged, leading to dissatisfaction among Republicans and a year of confusion surrounding the Pentagon’s handling of the vaccine repeal.
To address these issues, Representative Jim Banks of Indiana, chair of the Military Personnel subcommittee, introduced an amendment preventing the Department of Defense (DOD) from adding adverse actions solely based on a servicemember’s refusal of the COVID-19 vaccine. Although top officials had previously assured Congress that no servicemember would be penalized solely for vaccine refusal, the presence of “aggravating factors” could result in permanent adverse marks on their records.
Additionally, the approved bill calls for the secretary to reinstate willing members without any changes to their rank or paygrade. This provision eliminates the requirement for servicemembers to reenlist and work their way back to their previous positions at the time of separation.
The committee’s actions reflect a recognition of the need to address the consequences faced by servicemembers who refused the COVID-19 vaccine. By preventing adverse actions on personnel records and facilitating the reinstatement of discharged members without loss of rank or paygrade, the committee aims to mitigate the impact on these individuals and provide a smoother transition back into active duty.
As the NDAA for fiscal year 2024 moves forward, further deliberations and potential amendments are expected to shape the final legislation, ensuring fair treatment for servicemembers who exercised their choice regarding the COVID-19 vaccine.
“This provides a fair, equitable, and honorable option for our wrongly separated service members — many who filed legitimate religious exemptions and were ignored — to return to the ranks without any detriments to their career progression,” Banks said.
Providing incentives to reentry for servicemembers who otherwise would have remained could help alleviate a worsening recruiting crunch, Banks argued.
The Pentagon booted 8,400 troops from service for refusing the vaccine.
Most servicemembers — roughly 70% — who found themselves involuntarily separated from the military solely for refusing the vaccine received a “general” discharge rather than “honorable,” Military Times reported. Soldiers, sailors and airmen who have already been discharged have the opportunity petition their service branch to change the characterization of their discharge to honorable, according to guidance issued by each service.
Another Banks resolution calls on the DOD appeals board to prioritize reviewing and correcting the records for discharged servicemembers above other corrections requests. That could allow the members to secure certain veterans’ benefits, such as the GI bill, only available to those receiving honorable discharges, according to the Department of Veteran’s Affairs.
“Prioritizing those who want to rejoin will help alleviate some of the recruiting crisis we are now in — not, incidentally, caused by dismissing thousands of our troops for failure to get vaccinated,” Banks said.
A third amendment requires DOD to individually contact each servicemember who was discharged and explain the process of re-joining the military no later than six months after the bill is passed into law — which will not be for months.
Republican Rep. Jackson of Texas spearheaded a provision blocking the military service academies from charging a cadet or midshipman full tuition if they graduated but were prevented from commissioning as officers due to spurning the vaccine order.
But, the committee stopped short of fully mandating reinstatement and backpay for servicemembers who refused the vaccine, something lawmakers, experts, and military members have advocated for.
Florida Republican Rep. Matt Gaetz succeeded in passing an amendment that commissions a report from DOD on the “the cost and effort needed to re-recruit, reinstate, offer backpay, and $15,000 bonuses for service members discharged for refusal to take the coronavirus vaccine,” according to the bill.
At least one Democrat voted in favor of each amendment, according to Connor O’Brien of Politico.
Committee ranking member Democratic Rep. Adam Smith of Washington had argued strongly against each amendment on the House floor on the basis that servicemembers who refused the vaccine chose to disobey a lawful order and thus accepted any consequences resulting from that decision.
“Within the military, orders should not be viewed as optional,” Smith said. “For this committee to come back afterward and tell service members that they have the option basically of whether or not to obey the orders of their commanders, I think is a really dangerous precedent.”
