H.R. 6288 — Introduced in House

I 117th CONGRESS 1st Session H. R. 6288 IN THE HOUSE OF REPRESENTATIVES December 14, 2021Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Armed Services A BILL To establish certain protections for members of the Armed Forces who refuse to receive vaccinations against COVID–19. 1. Sense of Congress It is the sense of Congress that no member of the Armed Forces should be required to receive a vaccination against COVID-19. 2. Protections for members of the Armed Forces who refuse to receive vaccinations against COVID-19 (a) Characterization of discharge or dismissal (1) Prohibition of dishonorable characterization The characterization of the discharge or dismissal of a covered individual shall be honorable. (2) Upgrade In the case of a covered individual discharged or dismissed from the Armed Forces before the date of the enactment of this Act, the Secretary concerned shall upgrade the characterization of such discharge or dismissal to honorable. (b) Prohibition of denial of retired pay and benefits No covered individual may be denied, solely on the basis that such individual is a covered individual, any— (1) retired or retainer pay; or (2) benefit under a law administered by the Secretary of Defense or the Secretary of Veterans Affairs (including post-9/11 educational assistance under chapter 33 of title 38, United States Code). (c) Definitions In this section: (1) The term covered individual means an individual involuntarily separated from the Armed Forces solely on the basis of the refusal of such individual to receive a vaccination against COVID-19. (2) The term Secretary concerned has the meaning given that term in section 101 of title 10, United States Code.