I 
119TH CONGRESS 
1ST SESSION H. R. 4871 
To provide remedies to members of the uniformed services discharged for 
not complying with the COVID–19 vaccination mandate. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2025 
Mr. ZINKE (for himself, Mr. MCCORMICK, Mr. WEBER of Texas, Mr. GOSAR, 
Mr. CLOUD, and Mr. PATRONIS) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide remedies to members of the uniformed services 
discharged for not complying with the COVID–19 vac-
cination mandate. 
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 Military 
Backpay Act of 2025’’. 
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SEC. 2. REMEDIES FOR MEMBERS OF UNIFORMED SERV-
ICES 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 de-
scribed 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 vol-
untary) of the member from a uniformed serv-
ice. 
(B) Any cancellation or curtailment of ac-
tive-duty orders issued to the member. 
(C) Transfer of the member from an active 
to inactive status. 
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(3) COVERED
MEMBER.—The term ‘‘covered 
member’’ means any individual who— 
(A) is or was a member of an active or re-
serve 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 De-
fense Service Members’’; and 
(B) any order or other requirement issued 
by any uniformed service to implement the re-
quirement 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 ‘‘uni-
formed services’’ has the meaning given that term in 
section 101 of title 37, United States Code. 
(b) CIVIL ACTIONS.— 
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(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 INVOLUN-
TARY DISCHARGE.—In a claim that the covered dis-
charge of a covered member was involuntary— 
(A) it shall not be a defense that the dis-
charge 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 docu-
mentation of the member states that the mem-
ber 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 
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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 mem-
ber 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 re-
sult, in whole or in part, of the covered dis-
charge. 
(B) NO REDUCTION OF CLAIM FOR OTHER 
COMPENSATION.—The amount paid to a cov-
ered 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 fol-
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(ii) be paid retired pay or retainer pay 
and other retirement benefits commensu-
rate 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 reen-
listment or extension of service under subpara-
graph (D), the member shall be deemed— 
(i) to have completed 18 years of serv-
ice; 
(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 mem-
ber, to be eligible for retention in accord-
ance with section 1176 of title 10, United 
States Code. 
(D) The member shall, notwithstanding 
any reentry or reenlistment code on the dis-
charge documentation of the member— 
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(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 mem-
ber during which the covered discharge oc-
curred. 
(E) The member shall be awarded involun-
tary 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 cal-
culated to include service through the end of 
the term of service or enlistment contract dur-
ing 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 
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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 re-
spect to claims relating to covered discharges pending be-
fore the Court of Federal Claims on or after the date of 
the enactment of this Act. 
Æ 
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