Remedies for members of uniformed services discharged for not complying with COVID–19 vaccination mandate

(a)

Definitions

In this section:(1)

Benefit

The term benefit means any benefit available under title 10 or 37, United States Code, including retirement points earned as described in section 12732 of title 10, United States Code, medical and dental care under chapter 55 of that title, and educational assistance programs under part IV of subtitle E of that title.(2)

Covered discharge

The term covered discharge, with respect to a covered member, means any the following, resulting, in whole or in part, from the noncompliance of the member with the COVID–19 vaccination mandate or from the COVID–19 vaccination status of the member:(A)Discharge or separation (including any separation that may be considered to be voluntary) of the member from a uniformed service.(B)Any cancellation or curtailment of active-duty orders issued to the member.(C)Transfer of the member from an active to inactive status.(3)

Covered member

The term covered member means any individual who—(A)is or was a member of an active or reserve component of a uniformed service or the National Guard; and (B)was at any time subject to the COVID–19 vaccination mandate.(4)

COVID–19 vaccination mandate

The term COVID–19 vaccination mandate means—(A)the requirement of the Secretary of Defense to receive a COVID–19 vaccination pursuant to the memorandum dated August 24, 2021, and entitled Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members; and (B)any order or other requirement issued by any uniformed service to implement the requirement described in subparagraph (A).(5)

Pay

The term pay has the meaning given that term in section 101 of title 37, United States Code.(6)

Uniformed services

The term uniformed services has the meaning given that term in section 101 of title 37, United States Code.(b)

Civil actions

(1)

In general

A covered member may file a civil action in the Court of Federal Claims for a determination that the covered discharge of the member was involuntary or unlawful.(2)

Special rules for claims of involuntary discharge

In a claim that the covered discharge of a covered member was involuntary—(A)it shall not be a defense that the discharge was voluntary if the discharge resulted solely from the noncompliance of the member with the COVID–19 vaccination mandate or the COVID–19 vaccination status of the member; and(B)it shall be conclusive evidence that the discharge was involuntary if the discharge documentation of the member states that the member was discharged for the convenience of the Government, for failure to be world-wide deployable, or for misconduct.(c)

Remedies

(1)

In general

If the Court of Federal Claims determines that the covered discharge of a covered member was involuntary or unlawful, the Court shall award the member the remedies specified in this subsection and such other remedies as may be available at law or in equity from the Court.(2)

Monetary remedies

(A)

Compensation for inactive-duty training

In the case of a covered member who is or was a member of a reserve component of a uniformed service or the National Guard, upon a determination by the Court of Federal Claims that the covered discharge of the member was involuntary or unlawful, the member is entitled to compensation under section 206 of title 37, United States Code, for inactive-duty training the member did not perform if the member did not perform such training as a result, in whole or in part, of the covered discharge.(B)

No reduction of claim for other compensation

The amount paid to a covered member under subparagraph (A) shall not be reduced or offset by any amounts received by the member from civilian employment after the covered discharge.(3)

Other remedies

In addition to the other remedies provided for under this subsection, the Court of Federal Claims shall award the following to a covered member if the Court determines that the covered discharge of the member was involuntary or unlawful:(A)The member shall be deemed to have served for the period beginning on the date of the covered discharge of the member and ending at the end of the member's term of service or enlistment contract, plus the term of reenlistment or extension of service under subparagraph (D).(B)If the member would have completed 20 years of service during the term of service or enlistment contract during which the covered discharge occurred, or during the term of reenlistment or extension of service under subparagraph (D), the member shall—(i)be deemed—(I)to have completed 20 years of service; and (II)to have requested and received the approval of the Secretary of Defense for a retirement date commencing on the first day of the calendar month following the completion of 20 years of service; and (ii)be paid retired pay or retainer pay and other retirement benefits commensurate with the member's rank and years of service.(C)If the member would have completed 18 years of service during the term of service or enlistment contract during which the covered discharge occurred, or during the term of reenlistment or extension of service under subparagraph (D), the member shall be deemed—(i)to have completed 18 years of service; (ii)to have requested and received the approval of the Secretary of Defense for a retirement date commencing on the first day of the calendar month following the completion of 20 years of service; and(iii)in the case of an enlisted member, to be eligible for retention in accordance with section 1176 of title 10, United States Code. (D)The member shall, notwithstanding any reentry or reenlistment code on the discharge documentation of the member—(i)be eligible to reenlist or otherwise extend the service of the member; and(ii)be deemed to have reenlisted or extended the service of the member for an additional term of two years commencing on the day after the end of the term of service or enlistment contract of the member during which the covered discharge occurred.(E)The member shall be awarded involuntary separation pay under section 1174 of title 10, United States Code, and the time in service and time in rank for such pay shall be calculated to include service through the end of the term of service or enlistment contract during which the covered discharge occurred, plus the term of reenlistment or extension of service under subparagraph (D).(d)

Jurisdiction

Notwithstanding section 1500 of title 28, United States Code, the Court of Federal Claims shall have jurisdiction over any civil action brought by a covered member relating to a covered discharge.(e)

Coordination with Executive Order 14184

The remedies available under this section are in addition to any remedies available pursuant to Executive Order 14184 (90 Fed. Reg. 8761; relating to reinstating service members discharged under the military’s COVID–19 vaccination mandate).(f)

Applicability

This section applies with respect to claims relating to covered discharges pending before the Court of Federal Claims on or after the date of the enactment of this Act.