I 
118TH CONGRESS 
1ST SESSION H. R. 3458 
To establish certain remedies for certain individuals involuntarily separated 
from the Armed Forces solely on the basis of refusing to receive vaccina-
tions against COVID–19. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Mr. RUTHERFORD (for himself, Mr. DESJARLAIS, Mr. RESCHENTHALER, Mr. 
POSEY, Mr. COLLINS, Mr. WEBSTER of Florida, Mr. CARL, Mr. SELF, 
Mrs. MILLER of Illinois, Mr. DIAZ-BALART, Mr. MURPHY, Mrs. SPARTZ, 
Mr. MOONEY, Ms. TENNEY, Mr. BIGGS, Mr. MORAN, Mr. SANTOS, Mr. 
WEBER of Texas, Mr. C. SCOTT FRANKLIN of Florida, Mr. MILLER of 
Ohio, Mr. BEAN of Florida, Mr. OWENS, Mr. BILIRAKIS, Mr. GUEST, and 
Mr. NEHLS) introduced the following bill; which was referred to the Com-
mittee on Armed Services 
A BILL 
To establish certain remedies for certain individuals involun-
tarily separated from the Armed Forces solely on the 
basis of refusing to receive vaccinations against COVID– 
19. 
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 ‘‘Reinstate Our Troops 
Act’’. 
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SEC. 2. CERTAIN REMEDIES FOR CERTAIN INDIVIDUALS IN-
VOLUNTARILY 
SEPARATED 
FROM 
THE 
ARMED FORCES SOLELY ON THE BASIS OF 
REFUSING 
TO 
RECEIVE 
VACCINATIONS 
AGAINST COVID-19. 
(a) REINSTATEMENT.— 
(1) ELECTION.—At the election of a covered in-
dividual, the Secretary concerned shall 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 such 
Armed Force. 
(2) DEADLINES.—A covered individual may 
make an election under this subsection during the 
one-year period following the date of the enactment 
of this Act. The Secretary concerned shall reinstate 
a covered individual who makes such an election not 
later than 30 days after such election. 
(b) BONUSES FOR REINSTATED OR REENLISTED IN-
DIVIDUALS.—In the case of a covered individual who 
makes an election under subsection (a): 
(1) ENLISTED MEMBERS.— 
(A) INAPPLICABILITY OF REPAYMENT PRO-
VISION.—Subsection (g) of section 331 of title 
37, United States Code, shall not apply to such 
an individual who fails to complete a period of 
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service as a member of an Armed Force solely 
because such individual was a covered indi-
vidual. 
(B) RETURN
OF
REPAID
BONUS.—Not 
later than 30 days after an individual described 
in subparagraph (A) makes an election under 
subsection (a), the Secretary concerned shall re-
turn to such individual a bonus paid under such 
section to such individual and repaid by such 
individual pursuant to such subsection (g) and 
section 373 of such title. 
(2) OFFICERS.— 
(A) INAPPLICABILITY OF REPAYMENT PRO-
VISION.—Subsection (f) of section 332 of title 
37, United States Code, shall not apply to such 
an individual who fails to complete a period of 
service as a member of an Armed Force solely 
because such individual was a covered indi-
vidual. 
(B) RETURN
OF
REPAID
BONUS.—Not 
later than 30 days after an individual described 
in subparagraph (A) makes an election under 
subsection (a), the Secretary concerned shall re-
turn to such individual a bonus paid under such 
section to such individual and repaid by such 
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individual pursuant to such subsection (f) and 
section 373 of such title. 
(c) RETROACTIVE
CHARACTERIZATIONS
OF
DIS-
CHARGE.—In the case of a covered individual who does 
not make an election under subsection (a), the Secretary 
concerned shall ensure that the discharge of such indi-
vidual is characterized as honorable. 
(d) EXPUNGEMENT OF ADVERSE ACTION.—The Sec-
retary concerned shall expunge from the military service 
record of a covered individual any reference to adverse ac-
tion against such individual solely on the basis of the re-
fusal of such individual to receive a vaccination against 
COVID-19. 
(e) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on progress 
in carrying out this section. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ means an in-
dividual who— 
(A) as a member of an Armed Force, re-
quested an exemption from an order to receive 
a vaccination against COVID-19; and 
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(B) was involuntarily separated from an 
Armed Force solely on the basis of the refusal 
of such individual to receive such a vaccination. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given such term in section 101 of title 10, 
United States Code. 
Æ 
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