Reinstating Service Members Discharged Under the Military's COVID-19 Vaccination Mandate
Signed: January 27, 2025
Published: February 3, 2025
Document Number: 2025-02180
📋Summary
This executive order directs the Department of Defense and the Department of Homeland Security to offer reinstatement to active-duty and reserve service members who were discharged only for refusing the COVID-19 vaccine, if they ask to return. It affects those discharged under the former vaccine mandate, as well as those who say in a sworn written statement that they left or let their service lapse to avoid being vaccinated. It requires that reinstated service members be restored to their prior rank and receive full back pay, benefits, and any bonuses or other compensation they missed. It also requires the Defense and Homeland Security secretaries to report to the President within 60 days on implementation, while noting that normal military discipline rules still apply and actions must follow existing law and available funding.
💼Business Impact
This order most directly affects defense contractors, federal staffing firms, and employers near major installations because it can quickly increase the available pool of trained active/reserve personnel and shift local labor supply as former service members return to duty (and receive back pay/benefits). There are no new private-sector compliance mandates, but contractors should anticipate near-term workforce volatility (employees leaving for reinstatement) and potential opportunities in recruiting, onboarding support, training, and benefits administration tied to DoD/DHS reinstatement activity. Businesses should immediately (1) review contingency staffing plans for roles with high veteran/reservist concentration, (2) update HR policies for military leave/USERRA coordination and manager training, and (3) monitor DoD/DHS implementation guidance over the next 60 days for procurement or subcontracting opportunities related to reinstatement processing and support services.
Full Text
Executive Order 14184 of January 27, 2025
Reinstating Service Members Discharged Under the Military's COVID-19 Vaccination Mandate
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1 . Purpose and Policy. On August 24, 2021, the Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The Secretary of Defense later rescinded the mandate on January 10, 2023. The vaccine mandate was an unfair, overbroad, and completely unnecessary burden on our service members. Further, the military unjustly discharged those who refused the vaccine, regardless of the years of service given to our Nation, after failing to grant many of them an exemption that they should have received. Federal Government redress of any wrongful dismissals is overdue.
Sec. 2 . Redress. Consistent with the policies announced in section 1 of this order, the Secretary of Defense or the Secretary of Homeland Security, as appropriate, shall take all necessary action permitted by law to:
(a) make reinstatement available to all members of the military (active and reserve) who were discharged solely for refusal to receive the COVID-19 vaccine and who request to be reinstated;
(b) enable those service members reinstated under this section to revert to their former rank and receive full back pay, benefits, bonus payments, or compensation; and
(c) allow any service members who provide a written and sworn attestation that they voluntarily left the service or allowed their service to lapse according to appropriate procedures, rather than be vaccinated under the vaccine mandate, to return to service with no impact on their service status, rank, or pay.
Sec. 3 . Additional Agency Responsibilities. (a) Nothing in this order precludes disciplinary or administrative action for conduct that is proscribed by chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946a).
(b) Within 60 days of the date of this order, the Secretary of Defense and the Secretary of Homeland Security shall report to the President through the Assistant to the President for National Security Affairs on their progress in implementing this order.
Sec. 4 . Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.
Sec. 5 . General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. ( printed page 8762)
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
January 27, 2025.