The Department of Defense is offering a pathway for reinstatement for service members involuntarily discharged for refusing the COVID-19 vaccine. The military departments will review discharge records, using standardized criteria, to identify those separated solely due to the vaccine mandate. Those whose records don't clearly indicate a sole-cause separation will be contacted directly.
Each eligible former service member will be contacted by mail, email (if possible) and phone by a uniformed representative and invited to apply for reinstatement. The outreach will explain the streamlined application process, potential financial benefits (including required offsets) and the requirement for a four-year service commitment upon reinstatement.
Interested individuals will undergo pre-screening to assess their physical and medical eligibility, utilizing Military Entrance Processing Stations (MEPS). While screened according to accession standards, they'll be adjudicated against retention standards, with waivers liberally applied. Only presidentially appointed, Senate-confirmed civilians can disapprove waivers.
The Boards for Correction of Military/Naval Records (BCM/NRs) will prioritize these reinstatement cases, subject to existing statutory priorities. The BCM/NRs will review records for errors or injustices and may order corrections, including reinstatement without a break in service, restoration of rank and credit for lost service time. The service secretaries retain final disapproval authority for reinstatement of eligible service members.
Pre-reinstatement assistance will include expedited pay and benefits estimates. The gap in service will count as active service for retirement pay calculations for those previously in full-time status. Ready Reserve members will receive retirement points as outlined in 10 U.S.C. § 12732(a)(2), with a minimum of 50 points annually.
After receiving a compensation estimate, former service members will have 60 days to accept reinstatement in writing, acknowledging the four-year service commitment (a two-year option exists for those within two years of retirement eligibility at their separation date). Those declining reinstatement may still apply to the BCM/NR for other relief. This policy does not apply to those separated for misconduct unrelated to the vaccine mandate.
