Service Restoration Act

To establish certain protections for a member of the Armed Forces, or a cadet or midshipman at a military service academy, who refuses to receive a vaccination against COVID–19. 1. Short title This Act may be cited as the Service Restoration Act 2. Certain protections for a member of the Armed Forces, or a cadet or midshipman at a military service academy, who refuses to receive a vaccination against COVID–19 (a) Prohibitions (1) Vaccine mandate No Federal funds may be used to require a member of the Armed Forces, or a cadet or midshipman at a military service academy, to receive a vaccination against COVID–19. (2) Adverse action No member of the Armed Forces, or cadet or midshipman at a military service academy, may be subject to adverse action solely on the basis of the refusal of such member, cadet, or midshipman to receive a vaccination against COVID–19. (b) Reinstatement At the request of a covered individual, the Secretary concerned shall— (1) reinstate the covered individual as a member of the Armed Force concerned, in the same rank and grade the covered individual held at the time of separation from the Armed Force concerned; (2) expunge from the military service record of the covered individual any reference to adverse action against the covered individual solely on the basis of the refusal of the covered individual to receive a vaccination against COVID–19; and (3) include, in the computation of the retired or retainer pay of such covered individual, the period between the involuntary separation and the reinstatement, under paragraph (1), of the covered individual. (c) Mandatory characterization of discharge (1) Prospective characterizations Subsection (a) of section 736 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 1161 Public Law 117–263 shall be— shall be an honorable discharge (2) Retroactive characterizations The Secretary concerned shall ensure that the characterization of the discharge of a covered individual that occurred before the date of the enactment of this Act is characterized as honorable. (d) Definitions In this section: (1) The term adverse action (A) Involuntary separation. (B) Demotion. (C) Discipline. (D) Retaliation. (E) Disparate treatment. (F) A requirement to wear a mask, reside in substandard housing, or endure substandard conditions. (G) Travel restrictions. (H) Deployment restrictions. (2) The term covered individual (3) The term military service academy (A) The United States Military Academy. (B) The United States Naval Academy. (C) The United States Air Force Academy. (D) The United States Coast Guard Academy. (4) The term Secretary concerned

Summary: Service Restoration Act This bill prohibits the use of federal funds to require a member of the Armed Forces, or a cadet or midshipman at a military service academy, to receive a COVID-19 vaccination. Additionally, no such individuals may be subject to adverse action solely on the basis of a refusal to receive a COVID-19 vaccination. At the request of an individual who was involuntarily separated from an Armed Force solely because of a refusal to receive a COVID-19 vaccination, the military department concerned must reinstate the individual as a member of the Armed Force in the same rank and grade the individual held at the time of separation, expunge from the individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination, and include the period between the involuntary separation and reinstatement in the computation of retired or retainer pay of the individual. The bill requires that the discharge of members due to the failure to obey a lawful order to receive a COVID-19 vaccination must be categorized as an honorable discharge, including for individuals who were discharged prior to the enactment of this bill.