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Service members who refused the COVID ‘jab’ would get their jobs back and back pay, too, under new GOP bill

In a recent development, a pair of Republicans have introduced legislation that aims to offer service members who were fired due to the military’s COVID-19 vaccine mandate the opportunity to reclaim their positions and receive back pay. The AMERICANS Act, proposed by Sen. Ted Cruz of Texas and Rep. Pat Harrigan of North Carolina, would prohibit the Pentagon from implementing any further COVID-19 vaccine mandates without the approval of Congress.

Under the provisions of the AMERICANS Act, service members who were discharged solely for refusing the COVID vaccine would be eligible for reinstatement and would be credited for the time of their involuntary separation for retirement pay. Additionally, those who were demoted as a result of the vaccine mandate would have their rank restored, along with receiving back pay and benefits for any lost compensation.

For individuals who choose not to rejoin the service, the legislation would restore their discharge status to “honorable,” thus reinstating their GI Bill and health care benefits. This move comes after Defense Secretary Lloyd Austin’s directive in August 2021, which mandated troops to receive the COVID-19 vaccine for “readiness” purposes. The order was rescinded in January 2023 following Congressional directives in the annual defense policy bill.

More than 8,400 troops were separated during the period the mandate was in effect, with thousands of others seeking religious or medical exemptions. Rep. Pat Harrigan, a former Green Beret, emphasized the importance of upholding the honor of service members who have made sacrifices for their country. Harrigan stated, “As a Green Beret, I’ve seen the sacrifices our service members make firsthand, and I will not stand by while their honor is tarnished.”

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The AMERICANS Act is a response to what Republicans view as the Biden administration’s misguided COVID-19 vaccine mandate, which they believe was more about control than science or readiness. The legislation aligns with President-elect Donald Trump’s nominee for Defense secretary, Pete Hegseth’s pledge to reinstate those who were discharged from the military due to the vaccine mandate.

Republican lawmakers have criticized the vaccine mandate for its negative impact on morale and recruitment issues within the military. Pentagon leaders, however, have defended the mandate, citing the longstanding requirement for troops to receive vaccines, especially when deployed overseas. The AMERICANS Act seeks to rectify the consequences of the vaccine mandate and provide remedies for service members who were adversely affected.

The legislation underscores the commitment of Cruz and Harrigan to support and honor the sacrifices made by service members in defense of their country. By offering reinstatement, back pay, and benefits to those affected by the vaccine mandate, the AMERICANS Act aims to restore the dignity and rights of service members who stood by their convictions.

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