In August 2021, the U.S. Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The policy was later rescinded in January 2023, but not before thousands of service members were separated for failing to comply with the order.

In an attempt to make whole the thousands of service members who were involuntarily separated over vaccine refusal or who let their service commitment lapse rather than receive the COVID-19 vaccine, President Donald Trump, shortly after taking office in January, 2025, signed an executive order making reinstatement available to all military members who were discharged solely for refusal to receive the COVID-19 vaccine.

For service members separated under certain conditions, reinstatement to the same rank, full back pay, benefits, bonus payments, or compensation may be allowed if the member returns to uniformed service.

Reinstatement

However, obtaining reinstatement in the military branch the service member separated from is not as simple as walking into a local recruiting office and requesting reinstatement. Members are still required to meet retention standards, pass a pre-screening, agree to a two-year service commitment and provide proof as to the circumstances surrounding their separation.

The Department of Defense has directed each member seeking reinstatement to apply to their service components Board for Correction of Military/Naval Records and has directed that expedited processing be given to those applicants seeking reinstatement.

Prior to reinstatement, service members will be provided an estimate of the retroactive compensation they are owed and will have 60 days to decide whether they would like to reenlist.

Any service member who is considering re-entering military service should be aware that their decision has time limitations, as the reinstatement policy expires on Feb. 6, 2026. It is important to act quickly, ensure that proper guidance is being followed, and present the strongest possible case for reinstatement.

Tully Rinckey attorneys understand issues related to COVID vaccines, and will handle your matter with the attention it deserves. If you have additional questions about COVID vaccines and how it relates to military personnel, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.

Eric Duncan is an Associate in Tully Rinckey PLLC’s Buffalo office, where he focuses his practice around military law. Prior to joining Tully Rinckey, Eric served in the Infantry of the United States Marine Corps. After transitioning from military service, Eric completed law school, where he conducted research into veteran groups and resources and worked as a founding member of the Veterans Legal Practicum at the University at Buffalo School of Law. Eric takes pride in defending our nation’s men and women in uniform. He can be reached at (716) 439-4700 or at info@tullylegal.com.