Allows certain service members who were separated solely for refusing a COVID‑19 vaccine between August 24, 2021 and January 10, 2023 to transfer their VA education benefit to a dependent. The Department of Veterans Affairs must permit those transfers during a 90‑day window beginning on the date the law is enacted; a child who receives the transferred entitlement may only use it after the transferring service member has completed at least six years of service.
Adds a new subsection (m) to section 3319 of title 38, United States Code, titled “Discharge for refusal To receive COVID–19 vaccination.”
During the 90‑day period that begins on the date this subsection is enacted, the Secretary must allow a covered eligible individual to transfer the individual’s Department of Veterans Affairs entitlement to educational assistance to an eligible dependent. The entitlement amount that may be transferred is the entitlement the individual had as of the date the individual was separated from the Armed Forces.
Overrides the usual commencement rule (subsection (g)(2)(A)) for transfers under this subsection: if the entitlement is transferred to a child, that child may begin using the transferred entitlement only after the transferring individual has completed at least six years of service in the Armed Forces.
Defines “covered eligible individual” for this subsection as an individual described in subsection (b) who, between August 24, 2021, and January 10, 2023, was separated (involuntarily or voluntarily) from an Armed Force solely because the individual refused to receive a COVID‑19 vaccination.
Who is affected and how:
Directly affected: service members who were separated from the Armed Forces between August 24, 2021 and January 10, 2023 solely for refusing a COVID‑19 vaccine. These individuals are newly eligible to transfer their VA education entitlement to a dependent if they apply within the 90‑day window after enactment.
Dependents (especially children) of those service members: may receive a transferred education benefit, but a child may only use the transferred entitlement after the transferring member has completed six years of service. This can delay benefit use for younger dependents.
Department of Veterans Affairs: must set up and run a short, time‑limited application and verification process. VA will need to confirm separation dates and the stated reason for separation, process approvals, and record transfers within the 90‑day period. That creates a modest administrative workload concentrated in a short timeframe.
Department of Defense: minimal direct impact; the change does not reinstate service, change discharge characterizations, or alter DoD policy — it only provides a limited VA benefit transfer for a narrowly defined group.
Likely fiscal and program effects:
Potential implementation issues:
Policy considerations:
Expand sections to see detailed analysis
Referred to the House Committee on Veterans' Affairs.
Last progress May 29, 2025 (8 months ago)
Introduced on May 29, 2025 by Tom Barrett