Some Troops Who Refused COVID Vaccine Could Still Face Punishment, Defense Officials Say
Department of Defense (DoD) leaders defended actions that mandated the COVID-19 vaccine and led to the dismissal of approximately 8,000 troops, while Republican lawmakers questioned the impact on military readiness and national defense during a House Armed Services Committee’s personnel subcommittee hearing on Feb. 28.
More than 2 million troops – 96 percent of the entire force – are considered fully vaccinated, according to DoD statistics.
The DoD has said that about 16,000 individuals refused the vaccine mandate without requesting an exemption or accommodation. As a result, around 8,400 were separated from service.
“The Department of Defense and the military services took bold, necessary steps to protect the force and its ability to operate in response to this new threat,” said Undersecretary of Defense Gilbert Cisneros Jr.
It was the first personnel subcommittee hearing under Rep. Jim Banks (R-Indiana), who became chairman when Republicans regained control of the House in January.
“What’s the point of getting into these cases?” Banks responded to Cisneros. “You’re still punishing them for not taking the vaccine.”
Secretary of Defense Lloyd Austin released a memorandum in January rescinding the COVID vaccine mandate which took effect for members of the Armed Forces on Aug. 24, 2021, and for National Guard and Reserve personnel on Nov. 30, 2021.
Now that the COVID vaccine is not required, Navy Under Secretary Erik Raven said that fewer than 10 of the 2,000-plus sailors who were discharged for declining the shot have expressed interest in returning to the branch.
“We’ve had single digits in terms of numbers of individuals who explored the option of returning to service,” Raven said.
“We will not relax our vigilance to protect our people and their mission. We will continue to promote vaccinations to maintain medical readiness across the force,” Raven added during his testimony.
Vaccine Still Required For Some
Branches do not have plans to create a special process for reinstating military members who were discharged for not getting the vaccine
Cisneros told Rep. Matt Gaetz (R – Florida) that troops who were dismissed because of religious convictions can talk to a recruiter about reenlisting or appeal to their branch’s Board for the Correction of Military Records.
Service members who requested exemptions but were punished for refusing the vaccine will have their records automatically adjusted so they are not passed over for promotion, according to a Feb. 24 press release.
Certain U.S. troops; however, will still be mandated to receive COVID vaccines, the DoD said.
Military members who are deployed to countries that require the COVID vaccination must satisfy the requirements, Deputy Secretary of Defense Kathleen Hicks said.
Service members who declined the vaccine and did not request a religious, medical, or administrative exemption could face punishment. Military branches are reviewing those cases.
“Those who refused the vaccine and did not put in a request for accommodation refused a lawful order,” Cisneros testified. “In order to maintain good order and discipline, it’s very important that our service members go and follow orders when they are lawful, and there are several or thousands that did not.”
Each case will be decided on its own merits, according to Raven, Air Force Undersecretary Gina Ortiz Jones, and Army Undersecretary Gabe Camarillo.
“There are a number of cases that we still have yet to review for individual soldiers who, as Secretary Cisneros said, chose to not comply with a lawful order,” Camarillo said. “There may be, in any instance, numerous violations of the [Uniform Code of Military Justice] or other areas in which there might be circumstances to look at disciplinary procedures.”
“If the adverse action is tied solely to refusal of the vaccine, then the Air Force Personnel Center is taking steps now to remove that adverse action in their files,” Ortiz Jones said.
Republicans have argued that the COVID vaccine mandate steps on individual rights and also hurts readiness by discharging thousands of troops when the military is dealing with declining enrollment.
During a Feb. 23 panel discussion hosted by the Project for Media and National Security at George Washington University in Washington, U.S. Army Secretary Christine Wormuth said, “It took us more than a year to get into the situation that we’re in, in terms of the recruiting landscape, and I think it’s going to take more than a year to turn it around.”
The Army missed its fiscal year 2022 recruiting objective by around 15,000 members, which is 25 percent below the goal of 60,000 enlistees.
Readiness In Question
Mark Alford (R-Missouri), whose 4th Congressional District includes Fort Leonard Wood and Whiteman Air Force Base, told Cisneros that “our military has incredible capabilities and we’re all very proud of that, but readiness is an issue. I think that’s one of the things we’re really going to concentrate on in this subcommittee, the readiness for our personnel.”
Alford added that he doesn’t think the vaccine mandate “did much for the morale of the military.”
Earlier in the hearing, Gaetz asked Cisneros, “Are we stronger or weaker as a country because these [8,400] people who used to wear the uniform but because of the vaccine mandate now they don’t?”
Cisneros responded, “Congressman, I’d say we are as strong as ever. We are still a lethal force We’re ready. Our retention is at record-high levels and we are ready to fight today.”
Alford addressed the topic during his comments and questions.
“We live in an increasingly dangerous world where the Communist Chinese government is the number one threat to our national security. We’ve got to be ready. We cannot afford the loss of any more soldiers,” Alford said before asking, “How are we stronger after losing 8,400 servicemembers?”
Cisneros again defended the mandate.
“We’ve had over 2 million service members who received the vaccine that’s allowed us to remain operational. It’s allowed us to deploy forces it’s allowed us to continue training. It has allowed us to do the mission and carry out the national defense strategy,” Cisneros said. “Our retention is at record levels. So I would argue that the vaccine has been an integral part of keeping the force ready and played a big part in ensuring our readiness.”
Data and studies show that COVID-19 vaccines do not prevent infection or spread of the virus, a point that Alford made.
“We now know that the vaccine does not completely prohibit the spread of COVID-19,” Alford said. “So you know, looking back, it’s a little bit easier to do that. But how are we stronger by losing 8,400 People when this vaccine may not have prevented the spread of it in the first place?”
Cisneros answered, “Congressman, we do know that the vaccine has been effective as it is keeping people alive and keeping them out of the hospital. And there’s been good data and research on that.”
Republicans have said they would like to see troops who were discharged because they refused the vaccine receive back pay and other retroactive benefits.
Legislation must be passed to accomplish those goals.
Rep. Cory Mills (R-Florida), a combat veteran, said he will push “to allow these individuals who were ”unlawfully purged, in my opinion, to be reentered into the military with their full benefits, their back pay, and be granted what they should have been given, which is the chance to serve our United States military.”
