Published on January 27, 2025
This executive order mandates the reinstatement of military service members who were discharged or voluntarily left due to COVID-19 vaccine refusal, offering them full restoration of rank, back pay, and benefits. The order directs the Secretaries of Defense and Homeland Security to implement these changes within 60 days, while maintaining standard disciplinary procedures under the Uniform Code of Military Justice.
While presented as a remedial action for "unfair" treatment, this order could serve as a precedent for undermining military command authority and established health protocols, potentially weakening the military's ability to implement future medical requirements. The timing of this order in 2025, well after the height of the pandemic, suggests it may be more focused on political messaging than military readiness, particularly given the broad language allowing reinstatement based solely on "written and sworn attestation" without verification requirements.
Though framed as a corrective measure for perceived injustice, this executive order represents a significant shift in military personnel policy that could have lasting implications for command structure and health protocols. The order's broad reinstatement provisions and minimal verification requirements suggest it may prioritize political considerations over traditional military operational concerns, potentially setting a problematic precedent for future military health and readiness policies.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Purpose and Policy. On August 24, 2021, the Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The Secretary of Defense later rescinded the mandate on January 10, 2023. The vaccine mandate was an unfair, overbroad, and completely unnecessary burden on our service members. Further, the military unjustly discharged those who refused the vaccine, regardless of the years of service given to our Nation, after failing to grant many of them an exemption that they should have received. Federal Government redress of any wrongful dismissals is overdue. Sec. 2. Redress. Consistent with the policies announced in section 1 of this order, the Secretary of Defense or the Secretary of Homeland Security, as appropriate, shall take all necessary action permitted by law to: (a) make reinstatement available to all members of the military (active and reserve) who were discharged solely for refusal to receive the COVID-19 vaccine and who request to be reinstated; (b) enable those service members reinstated under this section to revert to their former rank and receive full back pay, benefits, bonus payments, or compensation; and (c) allow any service members who provide a written and sworn attestation that they voluntarily left the service or allowed their service to lapse according to appropriate procedures, rather than be vaccinated under the vaccine mandate, to return to service with no impact on their service status, rank, or pay. Sec. 3. Additional Agency Responsibilities. (a) Nothing in this order precludes disciplinary or administrative action for conduct that is proscribed by chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946a). (b) Within 60 days of the date of this order, the Secretary of Defense and the Secretary of Homeland Security shall report to the President through the Assistant to the President for National Security Affairs on their progress in implementing this order. Sec. 4. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 27, 2025.