ARTICLE
28 March 2025

Reinstating Military Members Separated Over The COVID-19 Vaccine

TR
Tully Rinckey

Contributor

Tully Rinckey is a national, full-service law firm that bases its commitment to client service on developing an intimate knowledge of each client’s needs and objectives. We collaborate closely with our clients and work diligently and efficiently to help them achieve their goals. Guided by a team-oriented philosophy, we encourage ongoing communication with clients to ensure that we understand their objectives and can easily accommodate their changing needs. With in-depth knowledge and legal experience, we’re able to address the most complicated issues and focus on what matters most to our clients.

In August 2021, the U.S. Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The policy was later rescinded in January 2023, but not before thousands of service members were separated...
United States Coronavirus (COVID-19)

In August 2021, the U.S. Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The policy was later rescinded in January 2023, but not before thousands of service members were separated for failing to comply with the order.

In an attempt to make whole the thousands of service members who were involuntarily separated over vaccine refusal or who let their service commitment lapse rather than receive the COVID-19 vaccine, President Donald Trump, shortly after taking office in January, 2025, signed an executive order making reinstatement available to all military members who were discharged solely for refusal to receive the COVID-19 vaccine.

For service members separated under certain conditions, reinstatement to the same rank, full back pay, benefits, bonus payments, or compensation may be allowed if the member returns to uniformed service.

Reinstatement

However, obtaining reinstatement in the military branch the service member separated from is not as simple as walking into a local recruiting office and requesting reinstatement. Members are still required to meet retention standards, pass a pre-screening, agree to a two-year service commitment and provide proof as to the circumstances surrounding their separation.

The Department of Defense has directed each member seeking reinstatement to apply to their service components Board for Correction of Military/Naval Records and has directed that expedited processing be given to those applicants seeking reinstatement.

Prior to reinstatement, service members will be provided an estimate of the retroactive compensation they are owed and will have 60 days to decide whether they would like to reenlist.

Any service member who is considering re-entering military service should be aware that their decision has time limitations, as the reinstatement policy expires on Feb. 6, 2026. It is important to act quickly, ensure that proper guidance is being followed, and present the strongest possible case for reinstatement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More