,,ii  #aaith ,,congress  #ast ,session  
,s4 #bjig  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ag1     
#bjbe,mr4 ,sheehy introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to provide       
remedies to members of the uniformed    
services discharged for not complying   
with the ,,covid-#ai vaccination        
mandate4  #a4 ,short title ,this ,act   
may be cited as the ,,covid-#ai         
,military ,backpay ,act of #bjbe4  #b4  
,remedies for members of uniformed      
services discharged for not complying   
with ,,covid-#ai vaccination mandate    
7a7 ,definitions ,in this section3 7#a7 
,benefit ,the term benefit means any    
benefit available under title #aj or    
#cg1 ,united ,states ,code1 including   
retirement points earned as described in
 section #abgcb of title #aj1 ,united   
,states ,code1 medical and dental care  
under chapter #ee of that title1 and    
educational assistance programs under   

part ,,iv of subtitle ,e of that title4 
7#b7 ,covered discharge ,the term       
covered discharge1 with respect to a    
covered member1 means any the following1
 resulting1 in whole or in part1 from   
the noncompliance of the member with the
 ,,covid-#ai vaccination mandate or from
 the ,,covid-#ai vaccination status of  
the member3 7,a7 ,discharge or          
separation 7including any separation    
that may be considered to be voluntary7 
of the member from a uniformed service4 
7,b7 ,any cancellation or curtailment of
 active-duty orders issued to the       
member4  7,c7 ,transfer of the member   
from an active to inactive status4  7#c7
 ,covered member ,the term covered      
member means any individual who-- 7,a7  
is or was a member of an active or      
reserve component of a uniformed service
 or the ,national ,guard2 and  7,b7 was 
at any time subject to the ,,covid-#ai  
vaccination mandate4  7#d7 ,,covid-#ai  
vaccination mandate ,the term           
,,covid-#ai vaccination mandate means-- 

7,a7 the requirement of the ,secretary  
of ,defense to receive a ,,covid-#ai    
vaccination pursuant to the memorandum  
dated ,august #bd1 #bjba1 and entitled  
,mandatory ,coronavirus ,disease #bjai  
,vaccination of ,department of ,defense 
,service ,members2 and  7,b7 any order  
or other requirement issued by any      
uniformed service to implement the      
requirement described in subparagraph   
7,a74  7#e7 ,pay ,the term pay has the  
meaning given that term in section #aja 
of title #cg1 ,united ,states ,code4    
7#f7 ,uniformed services ,the term      
uniformed services has the meaning given
 that term in section #aja of title #cg1
 ,united ,states ,code4  7b7 ,civil     
actions  7#a7 ,in general ,a covered    
member may file a civil action in the   
,court of ,federal ,claims for a        
determination that the covered discharge
 of the member was involuntary or       
unlawful4  7#b7 ,special rules for      
claims of involuntary discharge ,in a   
claim that the covered discharge of a   

covered member was involuntary-- 7,a7 it
 shall not be a defense that the        
discharge was voluntary if the discharge
 resulted solely from the noncompliance 
of the member with the ,,covid-#ai      
vaccination mandate or the ,,covid-#ai  
vaccination status of the member2 and   
7,b7 it shall be conclusive evidence    
that the discharge was involuntary if   
the discharge documentation of the      
member states that the member was       
discharged for the convenience of the   
,government1 for failure to be          
world-wide deployable1 or for           
misconduct4  7c7 ,remedies  7#a7 ,in    
general ,if the ,court of ,federal      
,claims determines that the covered     
discharge of a covered member was       
involuntary or unlawful1 the ,court     
shall award the member the remedies     
specified in this subsection and such   
other remedies as may be available at   
law or in equity from the ,court4  7#b7 
,monetary remedies  7,a7 ,compensation  
for inactive-duty training ,in the case 

of a covered member who is or was a     
member of a reserve component of a      
uniformed service or the ,national      
,guard1 upon a determination by the     
,court of ,federal ,claims that the     
covered discharge of the member was     
involuntary or unlawful1 the member is  
entitled to compensation under section  
#bjf of title #cg1 ,united ,states      
,code1 for inactive-duty training the   
member did not perform if the member did
 not perform such training as a result1 
in whole or in part1 of the covered     
discharge4  7,b7 ,no reduction of claim 
for other compensation ,the amount paid 
to a covered member under subparagraph  
7,a7 shall not be reduced or offset by  
any amounts received by the member from 
civilian employment after the covered   
discharge4  7#c7 ,other remedies ,in    
addition to the other remedies provided 
for under this subsection1 the ,court of
 ,federal ,claims shall award the       
following to a covered member if the    
,court determines that the covered      

discharge of the member was involuntary 
or unlawful3 7,a7 ,the member shall be  
deemed to have served for the period    
beginning on the date of the covered    
discharge of the member and ending at   
the end of the member's term of service 
or enlistment contract1 plus the term of
 reenlistment or extension of service   
under subparagraph 7,d74  7,b7 ,if the  
member would have completed #bj years of
 service during the term of service or  
enlistment contract during which the    
covered discharge occurred1 or during   
the term of reenlistment or extension of
 service under subparagraph 7,d71 the   
member shall-- 7i7 be deemed-- 7,i7 to  
have completed #bj years of service2 and
  7,,ii7 to have requested and received 
the approval of the ,secretary of       
,defense for a retirement date          
commencing on the first day of the      
calendar month following the completion 
of #bj years of service2 and  7ii7 be   
paid retired pay or retainer pay and    
other retirement benefits commensurate  

with the member's rank and years of     
service4  7,c7 ,if the member would have
 completed #ah years of service during  
the term of service or enlistment       
contract during which the covered       
discharge occurred1 or during the term  
of reenlistment or extension of service 
under subparagraph 7,d71 the member     
shall be deemed-- 7i7 to have completed 
#ah years of service2  7ii7 to have     
requested and received the approval of  
the ,secretary of ,defense for a        
retirement date commencing on the first 
day of the calendar month following the 
completion of #bj years of service2 and 
7iii7 in the case of an enlisted member1
 to be eligible for retention in        
accordance with section #aagf of title  
#aj1 ,united ,states ,code4  7,d7 ,the  
member shall1 notwithstanding any       
reentry or reenlistment code on the     
discharge documentation of the member-- 
7i7 be eligible to reenlist or otherwise
 extend the service of the member2 and  
7ii7 be deemed to have reenlisted or    

extended the service of the member for  
an additional term of two years         
commencing on the day after the end of  
the term of service or enlistment       
contract of the member during which the 
covered discharge occurred4  7,e7 ,the  
member shall be awarded involuntary     
separation pay under section #aagd of   
title #aj1 ,united ,states ,code1 and   
the time in service and time in rank for
 such pay shall be calculated to include
 service through the end of the term of 
service or enlistment contract during   
which the covered discharge occurred1   
plus the term of reenlistment or        
extension of service under subparagraph 
7,d74  7d7 ,jurisdiction                
,notwithstanding section #aejj of title 
#bh1 ,united ,states ,code1 the ,court  
of ,federal ,claims shall have          
jurisdiction over any civil action      
brought by a covered member relating to 
a covered discharge4  7e7 ,coordination 
with ,executive ,order #adahd ,the      
remedies available under this section   

are in addition to any remedies         
available pursuant to ,executive ,order 
#adahd 7#ij ,fed4 ,reg4 #hgfa2 relating 
to reinstating service members          
discharged under the military's         
,,covid-#ai vaccination mandate74  7f7  
,applicability ,this section applies    
with respect to claims relating to      
covered discharges pending before the   
,court of ,federal ,claims on or after  
the date of the enactment of this ,act4