Blogs from January, 2025

The COVID-19 vaccine mandate was a contentious issue within the U.S. military, forcing thousands of service members into difficult dilemmas—either comply with the order or face discharge. While the DoD’s 2021 vaccination requirement was framed as a necessary measure to ensure force readiness and protect personnel from COVID-19, it also led to significant hardship, particularly for service members who sought exemptions on religious or medical grounds but were denied.

Ultimately, many who refused the vaccine were administratively separated, often with general discharges that impacted their benefits, career opportunities, and future in the Armed Forces. The rapid rollout of the mandate, coupled with inconsistent guidance and a sham exemption process, left many feeling abandoned by the very institution they had dedicated their lives to serving.

At Military Justice Attorneys, we’ve seen firsthand the challenges service members endured during this turbulent time and have remained committed to fighting for service members were discriminated against and unjustly punished for their stance. If you were discharged for refusing the vaccine and have questions about reinstatement, contact us today for a consultation.

Background

On August 24, 2021, the Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The Secretary of Defense later rescinded the mandate on January 10, 2023. Despite being rescinded, over 8,000 service members were discharged under the Biden administration due to their COVID-19 vaccination status.

Many, if not most, were discharged for “serious misconduct” and did not receive a fully honorable characterization. Prior to their discharge, these service members were shamed, mocked, ridiculed, discriminated against, and made to suffer incalculable personal and professional damage. They were then unceremoniously kicked out and forced to uproot their lives during a period of great uncertainty.

The Secretary of Defense’s recission memo required the removal of adverse information for individuals currently serving in the Armed Forces but required veterans who were discharged for refusing to take the COVID-19 vaccine to petition their respective Discharge Review Board or Board for Correction of Military Records to request removal of adverse information

Executive Order Reinstating Service Members

Now, in 2025, the landscape has shifted.

On inauguration day, President Trump vowed to reinstate service members who were discharged for refusing to comply with the COVID-19 vaccine mandate.

On January 27, 2025, President Trump delivered on that promise by signing an Executive Order aimed at reinstating service members who were discharged solely for refusing the COVID-19 vaccine. This marks a dramatic policy reversal and offers a new path forward for those affected by the mandate.

What the Executive Order Says

President Trump’s executive order, titled "Reinstating Service Members Discharged Under the Military’s COVID-19 Vaccination Mandate," directs the Secretary of Defense and the Secretary of Homeland Security to take concrete steps toward reversing the impact of the vaccine requirement. The order states:

"The vaccine mandate was an unfair, overbroad, and completely unnecessary burden on our service members. Further, the military unjustly discharged those who refused the vaccine, regardless of the years of service given to our Nation, after failing to grant many of them an exemption that they should have received. Federal Government redress of any wrongful dismissals is overdue."

In response to these concerns, the executive order mandates the following actions:

1. Reinstatement of Discharged Service Members. Service members who were involuntarily discharged solely due to their refusal to take the COVID-19 vaccine can request reinstatement. Those reinstated must be returned to their prior rank and pay grade and will receive full back pay, benefits, and any compensation or bonuses they would have earned had they not been separated.
2. Reinstatement for Those Who Voluntarily Left Service. Service members who chose to separate or allowed their service contract to lapse due to the vaccine mandate may also return to duty. If they provide a written, sworn attestation stating that the mandate was the reason for their departure, they will be reinstated without penalty or loss of rank, pay, or status.
3. Accountability and Implementation Timeline. The Secretary of Defense and the Secretary of Homeland Security must report back to the President within 60 days on their progress in executing this order. The order does not provide details on how reinstatement will be handled for service members who have since moved on to other careers or reenlisted under different terms. These details will likely be clarified as policies are developed.

Read the full Executive Order here along with a Fact Sheet further explaining the action.

What This Means for Discharged Service Members

For thousands of former military members, this executive order presents a potential opportunity for reinstatement, back pay, and restoration of lost benefits. However, it also raises important questions about how the reinstatement process will be carried out and whether all discharged service members will qualify.

Here’s what you need to consider if you were separated due to the vaccine mandate:

1. What Happens If You Were Discharged for Refusing the Vaccine? If you were discharged solely for refusing the COVID-19 vaccine, you now have the option to apply for reinstatement. If granted, you will be restored to your previous position, rank, and benefits. However, if your discharge was not solely due to vaccine refusal—such as if you also had other disciplinary actions—it is unclear whether you will be eligible for reinstatement.
2. What About Those Who Took General or Other-Than-Honorable Discharges? Many service members received general discharges instead of honorable ones due to their refusal to comply with the vaccine mandate. This has had serious repercussions, including loss of GI Bill benefits, VA healthcare eligibility, and future career opportunities. This executive order suggests that those individuals should be eligible to have their discharges upgraded if they return to service. However, the exact process for correcting discharge statuses remains to be seen.
3. What If You Already Moved On? Many service members who were discharged due to the vaccine mandate have since moved on to civilian careers, obtained new employment, or enrolled in higher education. The order does not force anyone to return—it is voluntary. However, those who have adjusted to civilian life may still want to explore whether they qualify for compensation or benefits restoration without necessarily rejoining the military.
4. Will There Be Any Compensation for Those Who Choose Not to Return? While the executive order ensures back pay for those who do return, it does not explicitly mention whether service members who decline reinstatement will receive any financial redress for their wrongful discharge. This could be an issue that courts or Congress will need to address in the coming months.

Next Steps for Affected Service Members

1. Stay Informed on Implementation Policies. This executive order sets the groundwork for reinstatement, but the actual process will depend on how the DoD and DHS implement these policies. Service members should monitor updates from the military branches regarding application procedures and eligibility requirements.
2. Consult Legal Counsel Before Making a Decision. The decision to return to service is not one to take lightly. If you were discharged under the vaccine mandate, it’s important to understand your eligibility for reinstatement, what benefits or pay you may be entitled to, and how this could impact your long-term military career. Speaking with a military law attorney can help clarify your options and determine the best path forward.
3. Prepare Documentation for Your Reinstatement Request. If you plan to seek reinstatement, gather all documentation related to your separation, including your DD-214, discharge paperwork, and any exemption requests you previously submitted. Being proactive will help speed up the process once applications open.

MJA is Here to Help

At MA we have been advocating for service members since the vaccine mandate was first implemented. If you or someone you know was discharged due to the vaccine requirement and wants to explore reinstatement or benefits restoration, we can help you:

• Determine eligibility for reinstatement
• Navigate the application process
• Advocate for discharge upgrades or lost benefits
• Assess your rights and options

This executive order marks a major shift, but the details still need to be worked out. Our team at MJA is actively monitoring new developments and is available to answer questions from veterans nationwide. To speak with a lawyer, call (843) 773-5501 or contact us online.

Attorney Jon Shelburne of Military Justice Attorneys has secured a not-guilty verdict for a Fort Cavazos Soldier who was charged with murder. Staff Sergeant Marlone Best fatally shot Larry Kidd Jr. in an altercation, but a self-defense argument posed by Attorney Shelburne convinced the jurors that his actions were justified, avoiding a conviction that would have changed his life dramatically forever. From all of us at Military Justice Attorneys, we congratulate Attorney Shelburne on this important case result for a military service member in a difficult situation.

Details of the Killeen Fatal Shooting

In February 2024, Staff Sgt. Marlone Best was in a fast food restaurant at night in Killeen, Texas, when Larry Kidd bumped into him and said, “I’m going to kill you.” The violent threat would have been random had Kidd not been harassing and threatening Best for several months because Best was dating Kidd’s ex-wife. Previously, Kidd sent Best threatening text messages, attempted to jump him at his home with several other men, and attempted to hit his car (occupied by Best and his two daughters) with his own vehicle.

Fearing that Kidd was going to attempt to imminently act on his death threat, Best struck him as he turned away, beginning a brawl that culminated in Best discharging his personal firearm four times in the parking lot, striking Kidd twice. Afterward, when people attempted to provide first aid to Kidd, Best brought a medical kit out of his car to assist them. He stayed at the scene and allowed the police to arrest him peaceably.

Best’s Criminal Charges & Trial

Following the shooting, Best was charged with two counts of murder: unpremeditated murder and murder that occurred while engaged in behavior that was dangerous and disregarded the safety of others (due to the shooting taking place in the parking lot of a busy restaurant). If he was convicted, he could have been sentenced to life in prison. The Army Office of Special Trial Counsel was set to prosecute the case, and the panel of jurors included four military officers, so Best sought the legal counsel of a criminal defense team with insight into military criminal proceedings.

Attorney Jon Shelburne, joined by Attorney Major Steven Dray, began to examine the details and available evidence of the altercation. Security footage from three cameras inside the restaurant helped show the truth of the scene, including Kidd’s death threat to Best. Other evidence, like the text messages Kidd sent to Best to threaten him in the past, proved just as important when preparing the case.

Ultimately, it was decided that a self-defense argument, including the defense of Best’s children, was the correct approach. With Kidd’s history of attempts to harm Best and his children, it was argued that the use of his firearm in the altercation was justified. After several hours of deliberation and a question to the judge about the definition of self-defense under the law, the jurors agreed and returned a not-guilty verdict.

With the harrowing incidents and the trial behind him, Best plans to resume his Army career. He was going to attend recruiting school the same week that Kidd threatened him in the restaurant, so he can now continue that plan. Again, we congratulate Attorney Shelburne and thank him for securing this important case result for a military service member who needed a strong defense and got it.

To learn more about this case, you can click here to read a full article from Stars and Stripes, a digital publication about news related to the military and veterans.

Contact MJA Today

When your career, freedom, and future are on the line, you need an experienced law firm in your corner. Military Justice Attorneys has defended service members facing investigation, court-martial, and discipline for some of the most serious offenses under the UCMJ. Contact us today and set up a consultation.