H.R. 4871 — COVID–19 Military Backpay Act of 2025

This section defines terms related to the COVID-19 vaccination mandate (i.e., the Secretary of Defense memorandum dated August 24, 2021, and implementing orders) and authorizes covered members (i.e., active, reserve, or National Guard members subject to the mandate) to file civil actions in the U.S. Court of Federal Claims for a determination that a covered discharge—meaning any discharge, separation, active-duty order cancellation, or transfer to inactive status resulting in whole or in part from mandate noncompliance—was involuntary or unlawful. For claims of involuntary discharge, the provision deems such discharges involuntary if documented as for government convenience, failure to be worldwide deployable, or misconduct, and bars voluntariness as a defense if due solely to mandate noncompliance. If the court determines a covered discharge was involuntary or unlawful, it shall award (1) compensation under 37 U.S.C. §206 for missed inactive-duty training (for reservists and National Guard members, without offset for civilian earnings); (2) deemed service from the discharge date through the end of the member's enlistment term plus a two-year reenlistment or extension; (3) if the member would have reached 20 years of service during that period, deemed completion of 20 years for retired or retainer pay and benefits; (4) if the member would have reached 18 years of service during that period, deemed completion of 18 years, eligibility for retention under 10 U.S.C. §1176 (for enlisted members), and approval for a retirement date after 20 years; and (5) reenlistment eligibility notwithstanding any discharge code.