U.S. military service members who declined the COVID-19 vaccine and didn’t request a religious, medical, or administrative exemption could still face punishment, Undersecretary of Defense Gilbert Cisneros Jr. said during a House Armed Services personnel subcommittee hearing on Feb. 28.
While the military officially rescinded the mandate in January, officials of the military branches continue to review those cases.
“Those who refused the vaccine and did not put in a request for accommodation refused a lawful order,“ Cisneros said on Feb. 28. ”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 Navy Undersecretary Erik 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.”
Ortiz Jones said, “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.”
Republicans have argued that the COVID-19 vaccine mandate steps on individual rights and also hurts readiness by discharging thousands of troops when the military is dealing with declining enrollment.
At the hearing, Department of Defense (DOD) leaders defended actions that led to the vaccine mandate and also the dismissal of about 8,000 troops, while Republican lawmakers questioned the effects on military readiness and national defense.
“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,” Cisneros said.
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 to comply with the mandate without requesting an exemption or accommodation. As a result, about 8,400 were separated from service.
It was the first personnel subcommittee hearing under Rep. Jim Banks (R-Indiana), who became chairman of the Subcommittee on Military Personnel when Republicans regained a majority in the House in January.
“What’s the point of getting into these cases?” Banks told 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 that took effect for active duty members of the U.S. armed forces on Aug. 24, 2021, and for National Guard and Reserve personnel on Nov. 30, 2021.
While the COVID vaccine is no longer required, 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,” he said.
Vaccine Still Required for Some
Branches don’t have plans to create a special process for reinstating military members who were discharged for not getting the vaccineCisneros told Rep. Matt Gaetz (R-Fla.) 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 aren’t passed over for promotion, according to a Feb. 24 statement.
Meanwhile, certain U.S. military forces will still need to receive COVID vaccines, the DOD said. Personnel who are deployed to countries that continue to require the COVID vaccination must satisfy the requirements, Deputy Secretary of Defense Kathleen Hicks said.
Readiness in Question
“Our military has incredible capabilities and we’re all very proud of that, but readiness is an issue,“ Rep. Mark Alford (R-Mo.), whose 4th Congressional District includes Fort Leonard Wood and Whiteman Air Force Base, told Cisneros. ”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 No. 1 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 don’t 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-Fla.), a combat veteran, said he will push to allow these individuals who were “unlawfully purged ... 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.”
