EO 14184: Reinstating Service Members Discharged Under The Military’s Covid 19 Vaccination Mandate

Executive Orders

TLDR

This executive order mandates reinstatement of service members discharged for refusing COVID-19 vaccination, with full back pay, benefits, and rank restoration. It allows voluntary separations to return with attestation, preserves military legal frameworks, and requires implementation reporting within 60 days.

This executive order addresses the military’s previous COVID-19 vaccination mandate and its impact on service members.

The order mandates the reinstatement of service members who were discharged solely for refusing the COVID-19 vaccine. These individuals will be eligible to:

  • Return to their former rank
  • Receive full back pay and benefits
  • Collect any missed bonus payments or compensation

Service members who voluntarily left or allowed their service to lapse rather than comply with the vaccine mandate can return to service without penalties, provided they submit a written and sworn attestation.

The order maintains existing legal boundaries by:

  • Preserving the authority of executive departments
  • Keeping the Uniform Code of Military Justice intact
  • Requiring implementation within existing legal frameworks and available appropriations

The Secretaries of Defense and Homeland Security must report their progress within 60 days to the President through the National Security Affairs Assistant.

The order could have several significant effects:

  • Financial implications due to back pay and benefit reinstatements
  • Operational adjustments to reintegrate returning service members
  • Administrative challenges in processing reinstatements and verifying voluntary separations

Limitations:

  • The order does not create new legal rights against the United States
  • Implementation depends on available appropriations
  • The order maintains disciplinary authority under the UCMJ

The implementation may face hurdles in:

  • Verifying eligibility for reinstatement
  • Processing back pay and benefits
  • Managing rank reinstatements within current force structure

This executive order represents a significant shift in military personnel policy, effectively reversing the consequences of the previous administration’s COVID-19 vaccine mandate while maintaining existing military justice and administrative frameworks.

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

© 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.

© 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.