COVID–19 Military Backpay Act of 2025
The COVID-19 Military Backpay Act of 2025 would create a new legal process to remedy service members who were discharged or otherwise penalized for not complying with the military’s COVID-19 vaccination mandate. If a service member (a “covered member”) can show that their discharge was involuntary or unlawful, a federal court (the Court of Federal Claims) could order various backpay and restoration remedies, including potential retirement benefits and reenlistment options. The bill explicitly adds to the remedies already available under an existing executive order (Executive Order 14184) and applies to claims pending on or after the date of enactment. The bill was introduced in the Senate on June 17, 2025, by Senator Sheehy and referred to the Committee on Armed Services. In short, the bill seeks to undo or compensate for discharges tied to the COVID-19 vaccination mandate by granting retroactive pay, retirement, and reenlistment rights if the discharge is found to be involuntary or unlawful.
Key Points
- 1Definitions and scope: Establishes who qualifies (a “covered member” from any active, reserve, or National Guard component who was subject to the COVID-19 vaccination mandate) and what constitutes a “covered discharge” (discharge, loss of active-duty orders, or transfer to inactive status resulting from vaccination noncompliance or status).
- 2Civil action route: Allows a covered member to file a civil action in the Court of Federal Claims seeking a determination that their discharge was involuntary or unlawful.
- 3Special rules for involuntary discharge: If the discharge resulted solely from vaccination noncompliance or status, it can be treated as involuntary even if labeled otherwise; if the discharge document states other reasons (e.g., “for the convenience of the Government”), that documentation is conclusive evidence of an involuntary discharge.
- 4Remedies for successful claims:
- 5- Monetary backpay for inactive-duty training for reserve/National Guard members who didn’t perform that training due to the discharge.
- 6- Other remedies include retirement pay and related benefits if the member would have completed 18 or 20 years of service, reenlistment or extension rights, and involuntary separation pay. The bill also treats the member as having continued service for certain purposes and may extend or reenlist them for an additional two-year term.
- 7Jurisdiction and coordination: Grants the Court of Federal Claims jurisdiction over these actions, and notes that remedies under this act supplement (not replace) those available under Executive Order 14184.
- 8Applicability: Applies to claims relating to covered discharges that are pending on or after the date of enactment.