Reinstating Service Members Discharged Under the Military’s COVID-19 Vaccination Mandate

January 27, 2025

Action Summary

  • Purpose and Policy: Reinstates service members discharged solely for refusing the COVID-19 vaccine mandated in 2021. The order deems the mandate unfair, overbroad, and an unnecessary burden, calling for redress of wrongful dismissals.
  • Reinstatement and Redress Provisions: Provides for:
    • Reinstatement of both active and reserve service members to their former rank with full back pay, benefits, and bonuses.
    • Reinstatement for those who voluntarily separated, via a written and sworn attestation, without impact on service status or pay.
  • Additional Agency Responsibilities:
    • Directs the Secretary of Defense or Homeland Security to implement the order as permitted by law.
    • Requires a progress report to the President via the Assistant to the President for National Security Affairs within 60 days.
  • Severability: States that if any part of the order is found invalid, the remaining provisions remain effective.
  • General Provisions:
    • Clarifies that the order does not limit existing legal authorities or the functions of the Office of Management and Budget.
    • Specifies that the order is subject to applicable law and appropriations, and does not create enforceable rights against the U.S. or its officials.

Risks & Considerations

  • The reinstatement of service members discharged under the COVID-19 vaccination mandate may set a precedent for other sectors, including educational institutions, to reconsider their own vaccination policies. This could lead to increased scrutiny of Vanderbilt University’s health and safety protocols.
  • There is a potential risk of legal challenges or demands for redress from individuals or groups who were affected by similar mandates in non-military settings, which could impact the university’s legal and administrative resources.
  • The order emphasizes the importance of redress for wrongful dismissals, which may influence public opinion and policy discussions around employment practices and health mandates, potentially affecting university policies and community relations.
  • Vanderbilt University may need to assess its current policies regarding health mandates to ensure they align with evolving federal guidelines and public sentiment.

Impacted Programs

  • Vanderbilt Law School may see increased interest in courses and research related to employment law, public health policy, and administrative law, as these areas become more relevant in light of the executive order.
  • The School of Nursing and Medical Center might need to review and potentially adjust their vaccination policies and protocols to align with new federal guidelines and public health recommendations.
  • Human Resources at Vanderbilt may need to prepare for potential policy reviews and updates regarding employee health mandates and accommodations.

Financial Impact

  • The executive order could lead to changes in federal funding priorities, particularly in areas related to public health and employment practices, which may affect grant opportunities and financial planning at Vanderbilt University.
  • There may be financial implications related to potential legal challenges or policy adjustments, requiring careful budgetary considerations and resource allocation.
  • Opportunities for research funding in public health policy and legal studies may increase, providing potential financial benefits for relevant departments and programs at Vanderbilt.

Relevance Score: 3 (The order presents moderate risks involving compliance and potential policy adjustments.)

Key Actions

  • Vanderbilt’s Military and Veterans Affairs Office should prepare to support military-connected students who may be affected by the reinstatement of service members discharged under the COVID-19 vaccination mandate. This includes providing guidance on educational benefits and support services available to them.
  • The Office of Federal Relations should monitor developments related to the reinstatement of service members to understand any potential impacts on federal funding or partnerships with military institutions.
  • Vanderbilt’s Legal Department should review the executive order to ensure compliance with any new legal obligations or opportunities that may arise from the reinstatement of service members.

Opportunities

  • The executive order presents an opportunity for Vanderbilt’s Peabody College to engage in research on the impacts of military policies on service members’ education and career trajectories. This research could inform policy recommendations and enhance Vanderbilt’s reputation as a leader in military and veteran studies.
  • Vanderbilt can strengthen its outreach and support programs for military and veteran students by collaborating with the Department of Defense and Department of Homeland Security to better understand the needs of reinstated service members.

Relevance Score: 3 (The order requires some adjustments to processes to support military-connected students and monitor federal developments.)

Average Relevance Score: 3

Timeline for Implementation

  • Within 60 days of the order’s issuance (January 27, 2025): The Secretary of Defense and the Secretary of Homeland Security must report progress on implementing the order to the President.

Relevance Score: 3

Impacted Government Organizations

  • Department of Defense (DoD): Tasked with reinstating service members discharged solely for refusing the COVID-19 vaccine, including restoring former rank, back pay, and benefits.
  • Department of Homeland Security (DHS): Empowered to take similar reinstatement actions as the DoD where appropriate and required to report progress on implementation.
  • Assistant to the President for National Security Affairs: Acts as the reporting conduit for the DoD and DHS, monitoring the progress of the order’s implementation.
  • Office of Management and Budget (OMB): Although not directly responsible for reinstatement, its director’s functions related to budgetary, administrative, or legislative proposals are explicitly protected from impairment by this order.

Relevance Score: 2 (Between 3 and 5 government organizations are referenced as either responsible for or impacted by the order.)

Responsible Officials

  • Secretary of Defense – Tasked with reinstating service members discharged under the COVID-19 vaccination mandate and reporting progress on implementation.
  • Secretary of Homeland Security – Responsible for taking necessary actions for reinstatement as appropriate and reporting progress to the President.

Relevance Score: 4 (Directives impact agency heads responsible for military and homeland security policy.)