This Act, titled the COVID-19 Military Backpay Act of 2025, aims to provide remedies for members of the uniformed services who were discharged or separated due to non-compliance with the COVID-19 vaccination mandate. It defines a "covered discharge" as any separation, cancellation of orders, or transfer to inactive status resulting from a member's COVID-19 vaccination status or non-compliance. A "covered member" includes active, reserve, or National Guard personnel who were subject to the mandate. Under this Act, a covered member may file a civil action in the Court of Federal Claims to determine if their discharge was involuntary or unlawful . The bill specifies that a discharge is not considered voluntary if it resulted solely from vaccine non-compliance, and certain discharge documentation (e.g., "convenience of Government") serves as conclusive evidence of an involuntary discharge. This provision ensures that members discharged under these circumstances have a clear path to legal recourse. If the Court determines the discharge was involuntary or unlawful, it must award specific remedies. These include monetary compensation for inactive-duty training not performed by reserve or National Guard members, without offset for civilian employment income. Additionally, members will be deemed to have served for their full term plus an additional two years, impacting their eligibility for retirement benefits. For members who would have completed 20 years of service during their deemed service period, they will be considered to have completed 20 years and receive retired pay and other benefits. Those who would have completed 18 years will be deemed to have done so and become eligible for retention and eventual retirement. Furthermore, all successful claimants will be eligible to reenlist or extend their service and will be awarded involuntary separation pay calculated to include their deemed service time. These remedies are in addition to any available under Executive Order 14184.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
This Act, titled the COVID-19 Military Backpay Act of 2025, aims to provide remedies for members of the uniformed services who were discharged or separated due to non-compliance with the COVID-19 vaccination mandate. It defines a "covered discharge" as any separation, cancellation of orders, or transfer to inactive status resulting from a member's COVID-19 vaccination status or non-compliance. A "covered member" includes active, reserve, or National Guard personnel who were subject to the mandate. Under this Act, a covered member may file a civil action in the Court of Federal Claims to determine if their discharge was involuntary or unlawful . The bill specifies that a discharge is not considered voluntary if it resulted solely from vaccine non-compliance, and certain discharge documentation (e.g., "convenience of Government") serves as conclusive evidence of an involuntary discharge. This provision ensures that members discharged under these circumstances have a clear path to legal recourse. If the Court determines the discharge was involuntary or unlawful, it must award specific remedies. These include monetary compensation for inactive-duty training not performed by reserve or National Guard members, without offset for civilian employment income. Additionally, members will be deemed to have served for their full term plus an additional two years, impacting their eligibility for retirement benefits. For members who would have completed 20 years of service during their deemed service period, they will be considered to have completed 20 years and receive retired pay and other benefits. Those who would have completed 18 years will be deemed to have done so and become eligible for retention and eventual retirement. Furthermore, all successful claimants will be eligible to reenlist or extend their service and will be awarded involuntary separation pay calculated to include their deemed service time. These remedies are in addition to any available under Executive Order 14184.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.