On 17 January 2023, the Pentagon clarified that it in no way was considering back pay for any service members involuntarily discharged for excercising their religious beliefs in declining to take a COVID-19 vaccine. See U.S. News Report.
However, on 20 January 2025, the 47th Commander-in-Chief, President Donald Trump stated in his Inaguration Speech, that servicemembers discharged for refusing to take the COVID-19 vaccine will have the chance to be reinstated with full back pay.
On 27 January 2025, President Trump issued the executive order allowing re-instatement. It permits service members discharged for refusing the COVID-19 vaccine (as well as others who let their service end, like ETS, retirement, etc., instead of taking the vaccine) to be reinstated. But Section 3 includes concerning language; contact an attorney who can understand the specifics of each case for more information.
On 7 February 2025 (not released until 13 February 2025 via X), Mr. Darin Selnick, Performing the Duties of the Under Secretary of Defense for Personnel and Readiness, issued a memorandum to the service secretaries directing how the President’s executive order returning servicemembers will be implemented.
Discharge Reinstatement General Information
For many veterans of our military, their sacrifices and service to our country ended unceremoneously. That does not mean their service means any less, and Veritas Military Law can help veterans apply for corrections to their military records, including dischage reinstatement, if the circumstances warrant. For some veterans, discharge upgrade may be more appropriate.
Depending on the circumstances and timing since the discharge, a member may need to apply to their service’s discharge review board: Air Force Discharge Review Board (AFDRB for Air Force and Space Force), Army Discharge Review Board (ADRB), Coast Guard Discharge Review Board (CGDRB), or Naval Discharge Review Board (NDRB for Marine Corps and Navy) for propriety (whether the military followed proper regulations in processing the discharge) and equity (whether the discharge was fair).
The member may also need to apply to their service’s Board of Corrections of Military Records (BCMR) or Board of Corrections of Naval Records (BCNR): Air Force BCMR (for Air Force and Space Force), Army BCMR, Coast Guard BCMR, or BCNR (for Marine Corps and Navy) to correct errors or injustices to their records.