New DoD Guidance Offers Hope to Service Members Discharged Over COVID-19 Vaccine Refusal
On May 7, 2025, the Department of Defense (DoD) issued critical guidance to its Discharge Review Boards (DRBs) and Boards for Correction of Military/Naval Records (BCM/NRs), paving the way for former Service members to repair their military records and potentially return to service following discharges related to COVID-19 vaccine refusal.
This action stems from Executive Order 14184, issued by President Biden on January 27, 2025, which declared the vaccine mandate “unlawful as implemented” and acknowledged it placed an “unfair, overbroad, and completely unnecessary burden” on Service members. In response, the Secretary of Defense has directed military departments to implement corrective measures.
Key Takeaways from the New Guidance
- Reinstatement and Backpay Eligibility
Former Service members who were separated solely due to refusal to receive the COVID-19 vaccine can now request reinstatement and may be considered for backpay. In addition, those who allowed their service to lapse or voluntarily left under pressure from the mandate may also seek to return to duty. - Discharge Upgrades
Many individuals discharged over vaccine refusal received “General (Under Honorable Conditions)” discharges, causing loss of education and other veteran benefits. The new guidance instructs boards to generally upgrade such discharges to “Honorable” and change narrative reasons and reentry codes to reflect favorable separation—so long as there are no aggravating factors like misconduct. - Adverse Records Related to Accommodation Requests
The guidance also directs the boards to remove adverse actions from personnel records—such as letters of reprimand or withheld assignments—that were solely tied to a service member’s refusal or request for exemption (religious, medical, or administrative). This includes cases where members opted not to request an exemption due to an expectation of denial. - Broader Case-by-Case Relief
Service members who remained in uniform but suffered career setbacks due to the mandate (e.g., removal from training, leadership positions, or PCS orders) may request corrections. Boards are empowered to assess these situations and remove related adverse information from personnel files. - Authority and Independence Preserved
Importantly, the guidance does not limit the statutory independence of the correction boards. Rather, it encourages careful review and the use of discretion to fix injustices caused by the mandate.
What This Means for Service Members
This policy represents a significant shift in how the DoD is addressing the fallout from its now-defunct vaccine mandate. For many, it is a long-awaited opportunity to correct discharge statuses, regain lost benefits, or even return to military service.
If you or someone you know was discharged or penalized as a result of the mandate, now is the time to act. Contact us today to discuss your case and explore your legal options.
