“A bill to provide remedies to members of the uniformed services discharged for not complying with the COVID-19 vaccination mandate.”
No CRS summary available for this bill.
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 or reserve component members or National Guard personnel subject to the mandate) to file civil actions in the U.S. Court of Federal Claims for a determination that their covered discharge (including separations, cancellations of active-duty orders, or transfers to inactive status resulting in whole or in part from vaccine noncompliance or status) was involuntary or unlawful. Special rules deem such discharges involuntary if documented as for the convenience of the government, failure to be worldwide deployable, or misconduct, regardless of any claim of voluntariness. If the court determines a covered discharge was involuntary or unlawful, it awards the following remedies, among others available at law or equity: (1) for reserve component or National Guard members, compensation under 37 U.S.C. §206 for missed inactive-duty training (not offset by civilian earnings); (2) deemed service from the discharge date through the end of the member's enlistment or term plus a two-year reenlistment or extension (notwithstanding any reentry code); (3) if the member would have reached 20 years of service during that period, deemed completion of 20 years with retired or retainer pay and benefits; and (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. (Thus, affected members may receive back pay, retirement points under 10 U.S.C. §12732, medical/dental care under 10 U.S.C. ch. 55, educational assistance, and other Title 10 or 37 benefits.)