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Reinstating Service Members Discharged Under the Military's COVID-19 Vaccination Mandate

1. Purpose

This order rescinds the previous COVID-19 vaccination mandate for service members, addressing concerns about its fairness and necessity while outlining the repercussions for affected personnel.

2. Key Actions And Directives
  • Mandate Rescinded:  Effective January 10, 2023, the COVID-19 vaccine mandate for all service members is rescinded.
  • Reinstatement for Discharged Personnel:  Service members discharged solely for refusing the vaccine can request reinstatement with full back pay and benefits.
  • Attestation for Voluntary Departure:  Service members who voluntarily exited must provide a sworn written statement confirming their choice to leave rather than get vaccinated.
  • Reporting Requirement for DoD and DHS:  The Secretary of Defense and the Secretary of Homeland Security must report implementation progress to the President within 60 days.
3. Important Points
  • Concerns About Mandate:  The mandate was criticized as an unfair and excessive burden on service members.
  • Severability Clause:  If any part of this order is invalidated, the remaining provisions and applications will still stand.
  • No Enforceable Rights Created:  The order explicitly states it does not create enforceable rights or benefits against the United States.
  • Disciplinary Actions Remain Unaffected:  The order does not alter the ability to take disciplinary action under the Uniform Code of Military Justice.
  • Implementation Subject to Funding:  The order will be executed in accordance with applicable laws and subject to available appropriations.

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