COVID–19 Military Backpay Act of 2025

This bill, the COVID–19 Military Backpay Act of 2025, lets service members who were discharged for not following the COVID-19 vaccine mandate ask a federal court to review their case. If the court finds the discharge was involuntary or unlawful, the member can receive back pay and other benefits.

Special rules make it easier to prove the discharge wasn’t truly voluntary. If the only reason was the member’s vaccine status, “voluntary” isn’t a valid defense. And if the discharge papers say “convenience of the Government,” “failure to be world-wide deployable,” or “misconduct,” that counts as conclusive proof the discharge was involuntary.

Key points

• Who is affected: Members of the uniformed services who were discharged for not complying with the COVID‑19 vaccine mandate.
• What changes: Members may sue in the U.S. Court of Federal Claims; if they win, they can get pay for missed reserve/Guard drills with no reduction for civilian earnings, credit for service through the end of their contract plus a 2‑year deemed reenlistment, retirement pay and benefits if they would have reached 20 years, “sanctuary” at 18 years for enlisted, eligibility to reenlist despite any code on their discharge, and involuntary separation pay.
• Court access: The Court of Federal Claims clearly has authority to hear these cases, even if other claims are pending.
• Other relief: These remedies are in addition to those available under Executive Order 14184 on reinstating service members.
• When: Applies to claims pending on or after the date this bill becomes law.