Bill Prohibits Dishonorable Discharge for Unvaccinated Servicemembers

“Another WIN on the National Defense Authorization Act

NDAA. We stopped any dishonorable discharges resulting for service members who are FORCED out due to Biden’s vaccine mandate, and we set a clear path for those who wish to obtain exemptions. Republicans are STOPPING Biden’s WOKE agenda for our military!’ Rep Ronny Jackson, former White House Physician, retired Navy Rear Admiral.

Rep Mark Green:

Green said, “As a physician, I’ve weighed the pros and cons of the COVID-19 vaccine and have chosen to get the shot. As a former Army officer, I also understand the need to vaccinate servicemembers on deployment against a highly infectious virus. For years, the military has possessed the authority to compel servicemembers to be vaccinated. However, those vaccines underwent years of research with ample longitudinal safety data. In the case of the coronavirus vaccine, that longitudinal data is not yet possible. Therefore, I believe servicemembers who make the personal medical decision to refuse the vaccine, and are subsequently separated from the service for their refusal, should not receive anythingother than an honorable discharge for refusing to take the vaccine. Period.” 

“I’m grateful to Chairman Smith and Ranking Member Rogers for working with me to get this commonsense amendment to a place of broad bipartisan support. No American who raises their hand to serve our Nation should be punished for making a highly personal medical decision.” Green continued.

In an August 25th memo, Secretary Austin announced that the U.S. military will be required to get the COVID-19 vaccine beginning next month. Green’s previously filed an amendment calling on the House of Representatives to oppose any punishment or discharge that is not an honorable discharge for servicemembers who choose not to receive a COVID-19 vaccine.

NDAA (1) Covered individual defined.--In this subsection, the 
        term `covered individual' means--
                    ``(A) a member of the Armed Forces, including the 
                National Guard or Reserves;
                    ``(B) an individual who is participating in the 
                Transition Assistance Program established under section 
                1144 of title 10, United States Code;
                    ``(C) an individual who--
                            ``(i) served on active duty in any branch 
                        of the Armed Forces, including the National 
                        Guard or Reserves; and
                            ``(ii) was discharged or released from such 
                        service under conditions other than 
                        dishonorable;

Dishonorably discharged U.S. service members surrender the following rights and benefits:

• Ownership of any sort of firearm or ammunition
• Access to the GI Bill for further education
• VA home loans
• VA medical benefits
• Military Funeral Honors
• Re-enlistment in another military branch

Sen. Marshall Bill Prohibits Dishonorable Discharge for Unvaccinated Servicemembers

• September 21, 2021

(Washington, D.C., September 21, 2021) – U.S. Senator and veteran Roger Marshall, M.D. led Senators Ted Cruz, James Lankford, and Tommy Tuberville in introducing the COVID-19 VACCINE DISHONORABLE DISCHARGE PREVENTION ACT to prohibit the Department of Defense (DOD) from giving servicemembers a dishonorable discharge for choosing not to receive a COVID-19 vaccine. The House Armed Services Committee recently passed similar language led by Rep. Mark Green (R-TN) in an amendment to the FY2022 National Defense Authorization Act (NDAA). This legislation comes on the heels of President Biden MANDATING MILLIONS of Americans – including service members – to get vaccinated and the DOD issuing GUIDANCE stating that soldiers who refuse the vaccine will face “administrative or non-judicial punishment [under UCMJ] – to include relief of duties or discharge.”

“As a physician and veteran who is confident that the vaccine has saved countless lives, I believe vaccinating our servicemembers against COVID-19 is an important effort; however, whether or not to receive the vaccine should be a personal choice between an individual and their doctor,” said Senator Marshall. “Servicemembers who refuse to get vaccinated, and are subsequently separated from the service, should not receive anything other than an honorable discharge. There is no question about it: American heroes should not be treated as felons because of their personal medical choices.”

“It’s an insult to our servicemen and women who have served with honor to dishonorably discharge them for refusing the COVID vaccine. It is the same way we dishonorably discharge those convicted of serious crimes such as treason, desertion, sexual assault, and murder. Forcing all service members, including pregnant women and those who have already had COVID-19, to receive the vaccine is just one more example of President Biden and his administration putting politics ahead of science. I am proud to join Sen. Marshall on this crucial bill to ensure the proper steps are taken by the military chain of command in response to those seeking exemptions from this vaccine,” said Senator Cruz.

“When America shut down last year, our military personnel continued to serve us at home and abroad,” said Senator Lankford. “Now, Biden wants to remove service members who have already recovered from COVID, but will not also take the vaccine, or have a medical, religious or personal reason not to take the vaccine. Our men and women in uniform have fought to protect the freedoms we enjoy, and it’s right for us to protect their freedom now to choose whether or not to get the vaccine. President Biden should not give our military members a ‘less than honorable’ or ‘dishonorable’ discharge from the military for a conscious objection to a vaccine after they have risked their lives for our country. ”

“The brave men and women of our military who make the personal medical decision to not to take the COVID-19 vaccine should not receive anything other than an honorable discharge. I was proud to get this legislation included as an amendment to the NDAA in the House and am grateful to Senator Marshall for his leadership in the Senate,” said Representative Green.

Background:

Dishonorably discharged U.S. service members surrender the following rights and benefits:

• Ownership of any sort of firearm or ammunition
• Access to the GI Bill for further education
• VA home loans
• VA medical benefits
• Military Funeral Honors
• Re-enlistment in another military branch

IN THE SENATE OF THE UNITED STATES

MARSHALL (for himself, Mr. TUBERVILLE, and Mr. LANKFORD) introduced the following bill; which was read twice and referred to the Committee on

A BILL
amend title 10, United States Code, to prohibit certain adverse personnel actions taken against members of the Armed Forces based on declining the COVID–19 vaccine.
Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘COVID-19 Vaccine Dishonorable Discharge Prevention Act.’’.

(a) FINDINGS.—Congress finds the following:
(1) The Secretary of Defense has announced a COVID–19 vaccine mandate will take effect for the
Department of Defense.

(2) Reports of adverse actions being taken, or
threatened, by military leadership at all levels are antithetical to our fundamental American values.

(3) Any discharge other than honorable denotes a dereliction of duty or a failure to serve the United States and its people to the best of the ability of an individual.

(b) PROHIBITION.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1107a the following new section:

‘‘§1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement
‘‘Notwithstanding any other provision of law, a mem- ber of the armed forces subject to discharge on the basis of the member choosing not to receive the COVID–19 vaccine may only receive an honorable discharge.’’.
4 item:
‘‘1107b. Prohibition on certain adverse personnel actions related to COVID–19

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