The bill also mandates that for those who do not elect for reinstatement, their military discharge characterizations must be ensured to be honorable. Furthermore, it requires the expungement of any adverse actions on their military service records that were solely attributed to their refusal of the COVID-19 vaccination. This reflects a significant shift in how such cases are treated, potentially restoring not only individuals' service records but also their reputations within the military.
Summary
House Bill 3458, also known as the 'Reinstate Our Troops Act', seeks to establish specific remedies for individuals who were involuntarily separated from the Armed Forces due to their refusal to receive COVID-19 vaccinations. The bill provides these individuals the option to be reinstated to their former service roles, retaining their rank and grade at the time of separation. Importantly, it allows a one-year period for these individuals to make their election for reinstatement, during which they will be reinstated within 30 days of their request. Additionally, the bill addresses the repayment of bonuses previously returned by individuals due to their separation under these circumstances, making provisions for the return of such payments.
Contention
Debate surrounding HB 3458 is likely to focus on the implications of reinstating individuals based on their vaccination choices. Supporters assert the act is a necessary measure to rectify past injustices against servicemen and women who stood their ground regarding personal medical decisions. However, there may be concern about the overarching impact this legislation could have on military policies regarding health mandates, the authority of military leadership in enforcing such mandates, and the balance of individual rights versus collective health decisions in the Armed Forces.
This bill requires the military departments to reinstate individuals (upon their request) who were involuntarily separated from the Armed Forces solely based on their refusal to receive a COVID-19 vaccination. Such individuals must be reinstated in the grade they held prior to the separation.
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.