S. 2097: COVID–19 Military Backpay Act of 2025

The COVID–19 Military Backpay Act of 2025 is designed to address the situations of members of the uniformed services who were discharged due to noncompliance with the COVID–19 vaccination mandate. The bill provides a framework for these individuals, referred to as "covered members," to pursue remedies for their discharges, which may have been involuntary or unlawful.

Key Provisions of the Bill

Definition of Terms

The bill outlines several key terms:

• Benefit: Includes various benefits under U.S. Code, such as retirement points, medical and dental care, and educational assistance.
• Covered Discharge: Refers to discharges resulting from a member's vaccination status or noncompliance with vaccination orders, including separations, canceled orders, or transfers to inactive status.
• Covered Member: Any individual who is or was part of a uniformed service and was subject to the COVID–19 vaccination mandate.
• COVID–19 Vaccination Mandate: Refers to the requirement imposed by the Secretary of Defense for military members to receive the COVID-19 vaccine.
• Pay: Relates to the compensation structure outlined in the U.S. Code for military personnel.
• Uniformed Services: Refers to the branches of military service as defined in U.S. Code.

Civil Actions

The bill allows covered members to file a civil action in the Court of Federal Claims if they believe their discharge was unlawful or involuntary. Specific conditions are laid out to determine the nature of the discharge:

• If documentation states the discharge was for the convenience of the Government or similar reasons, it is considered involuntary.

Available Remedies

If the Court finds the discharge to be involuntary or unlawful, several remedies may be awarded:

• Monetary Remedies: These include compensation for any inactive-duty training not performed as a result of the discharge for reserve members.
• Legal Status Restoration: Members may be deemed to have served until the end of their contract, impacting retirement eligibility and benefits.
• Reenlistment Eligibility: The bill allows discharged members to be eligible for reenlistment and extends the term of service for two additional years following the end of their original contract.
• Separation Pay: Members may receive involuntary separation pay based on their service duration and rank.

Jurisdiction and Enforcement

The Court of Federal Claims is given jurisdiction to handle claims from covered members, overriding existing legal restrictions related to such claims. Additionally, this legislation works in conjunction with any existing executive orders regarding the reinstatement of service members discharged under the vaccination mandate.

Applicability

The provisions of this bill apply to all claims regarding covered discharges that are pending in the Court of Federal Claims on or after the bill's enactment date.

Relevant Companies

None found