Sen. Cruz, Cong. Bishop Push to Reinstate Servicemembers Wrongfully Discharged for COVID-19 Vaccine Status


The amendment is based on their AMERICANS Act, and builds on last year’s successful repeal of the Department of Defense’s COVID-19 vaccine mandate

WASHINGTON, D.C. (Texas Insider Report) — "The brave men and women who join our military to serve their country deserve respect and support, regardless of their COVID-19 vaccine status. We successfully worked to repeal the Department of Defense’s COVID-19 vaccine mandate from the last Congress, but the work is not over," said Senator Ted Cruz (R-Texas) and U.S. Rep. Dan Bishop (R-N.C.) while introducing amendments to the 2024 National Defense Authorization Act.

The amendments build on the National Defense Authorization Act of 2023, which:
 
  1. Included language from legislation Cruz previously introduced to repeal the Department of Defense’s COVID-19 vaccine mandate, and
  2. Required a report on how DOD adjudicated service member’s requests for an exemption from the mandate on religious and other grounds.
“This amendment would reinstate servicemembers who were wrongfully discharged due to their COVID-19 vaccine status, and give justice to servicemembers punished in other ways due to COVID-19 vaccine status,” said Sen. Cruz of his amendment.

About the amendment, Rep. Bishop said, “While the DOD’s authoritarian COVID vaccine mandate ended last year, we cannot leave behind the brave men and women who were wrongfully discharged, or otherwise punished, for refusing to take the vaccine. These servicemembers deserve to be made whole, and our amendment would both right this historic wrong and prevent it from ever happening again.”
 
The Senate version of the AMERICANS amendment would:
  • Prohibit the Secretary of Defense from issuing any replacement COVID-19 vaccine mandate without Congressional approval; and
  • Require the Department of Defense to:
    • Reinstate any service member separated solely for COVID-19 vaccine status who wants to return to service, crediting the service member with the time of involuntary separation for retirement pay calculations;
    • Restore the rank of any service member demoted solely for COVID-19 vaccine status, compensating the service member for any pay and benefits lost due to that demotion;
    • Adjust to “honorable” any “general” discharge given to a service member solely due to COVID-19 vaccine status;
    • Expunge from a service members’ record any adverse action based solely on COVID-19 vaccine status, regardless of whether the service member previously sought an accommodation;
    • Make every effort to retain service members not vaccinated against COVID-19, providing them with professional development, promotion, and leadership opportunities equal to that of their peers; and
    • Provide a COVID-19 vaccine exemption process for service members with natural immunity, a relevant underlying health condition, or a sincerely held religious belief inconsistent with being vaccinated.
Read the amendment text here.


















 
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