Lawmakers press Pentagon to give back pay to troops fired for refusing vax: 'We have an obligation'

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Lawmakers are pressuring the Pentagon to provide back pay for the roughly 8,400 U.S. troops fired after refusing to get the COVID-19 vaccine, after the department rolled back its mandate and signaled it is "exploring" how to reinstate compensation and other benefits.

President Biden signed the fiscal year (FY) 2023 National Defense Authorization Act (NDAA) last month that included a provision, cleared by the House and the Senate, to repeal the administration's military vaccine mandate. Last week, Secretary of Defense Lloyd Austin signed a memo that will update the records and remove letters of reprimand from troops whose exemption requests to the vaccine were denied.

Department of Defense spokesperson Maj. Charlie Dietz told Fox News Digital that on the issue of back pay for involuntarily terminated troops, "the Department is still exploring this and will provide its views on legislation of this nature at the appropriate time and through the appropriate process."

But Rep. Michael Waltz, R-Fla., who serves on the House Armed Services Committee, told Fox News Digital that Congress is already planning to add language into the next NDAA to provide back pay for terminated troops if the Pentagon does not do so.

PENTAGON DITCHES COVID VACCINE MANDATE FOR TROOPS

Secretary of Defense Lloyd Austin signed a memo that will update the records and remove letters of reprimand from troops whose exemption requests to the vaccine were denied. ((AP Photo/Danial Hakim))

"If the Pentagon does not provide backpay and restore full benefits for those who were discharged and request to be reinstated, we in Congress must act by adding language in the next NDAA to do so. We have an obligation to these service members," Waltz said.

Sen. Roger Marshall, R-Kan., said back pay should have been included in the FY 23 NDAA, and pledged to keep pushing the Biden administration for this result.

"This should have been done on the Senate Floor during the consideration of NDAA, but 54 of my colleagues opposed doing so. I call on DoD, Sec. Austin, and Pres. Biden to move on providing back pay at once," he said.

A Senate aide told Fox News Digital that Marshall is evaluating possible responses to the Pentagon dragging its feet on a timeline for providing back pay.

"Senator Cruz and I have legislation to ensure our brave men and women that were fired due to Biden’s COVID vaccine mandate receive backpay and benefits," Sen. Marsha Blackburn, R-Tenn., told Fox News Digital. "At the Senate Armed Services committee I will continue pushing our military leaders to focus on threats posed by Communist China, Iran, Russia and North Korea — not woke mandates."

President Biden blasted former President Trump for his "irresponsible" handling of classified documents during an interview on "60 Minutes" in September 2022. (Screenshot/CBS News)

HOW THE PUSH TO END THE MILITARY VAX MANDATE CULMINATED IN THE NDAA

Sen. James Lankford, R-Okla., led a letter to Austin last month demanding the department provide back pay for terminated service members.

"We urge you to establish a quick and thorough process so all members who were discharged because they refused the COVID-19 vaccine can be reinstated with back pay and full benefits. Doing so would provide the clarity and stability American service members and their families deserve," Lankford and a handful of other GOP senators wrote on Dec. 16.

"Back pay for members of the military who were pushed out of service over the Covid vaccine should be an easy decision," Lankford told Fox News Digital Tuesday. "The Department of Defense should do the right thing and honor those that signed up to serve but were pushed out prematurely over the Covid vaccine. Congress and the American people have spoken, pay these families who served with honor and allow them to move on with their lives. Back pay for heroes should not be a hard call."

Senate Armed Services Chairman Sen. Jack Reed, D-R.I., Ranking Member Sen. Roger Wicker, R-Miss., and House Armed Services Committee Chairman Rep. Mike Rogers, R-Ala., did not provide comment to Fox News Digital.

Ranking Member of the House Armed Services Committee Adam Smith D-Wash., told Fox News Digital: "The Department of Defense’s review of whether to pay former service members who were discharged for refusing to get the COVID-19 vaccine under the now-repealed mandate is entirely within the scope of their authority."

"However, there are a number of issues to consider—not least of which is whether such payments could be construed as rewarding service members for disobeying direct orders," Smith continued. "This could subsequently and significantly undermine good order and discipline if service members view lawful orders as optional. Either way, I expect the Pentagon will be thorough and thoughtful in its review."

Department of Defense spokesperson Maj. Charlie Dietz told Fox News Digital that the department is considering back pay for terminated service members. ((Photo by Alex Wong/Getty Images))

Last month, Wicker called the vaccine mandate "unnecessary" and voted for its repeal. Rogers led a letter to Austin in October along with other Republicans seeking to "clarify" his position on the mandate after President Biden declared in interview that "the pandemic is over." The letter also included a request that the Pentagon provide what consideration is being made to offer "reinstatement" to those service members who were separated because of a refusal to take the COVID vaccine.

A senior House Armed Services Committee aide told Fox News Digital: "The House Armed Services Committee is looking into solutions to remedy the adverse effects the COVID-19 vaccine mandate had on servicemembers."

Republicans are also pushing a handful of bills that would help service members who refused the Biden administration's military vaccine mandate to be reinstated in the force and also be discharged honorably.

Rep. Brian Mast, R-Fla., is leading a bill that would direct the Secretary of Defense to reinstate military members who were involuntarily terminated due to their unvaccinated status.

Rep. Scott Fitzgerald, R-Wis., introduced a bill that would ensure service members who refused the vaccine will be honorably discharged.

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"Our men and women in uniform should never have been stripped of the benefits they earned in the first place," Fitzgerald told Fox News Digital.

"All Service members and Veterans may apply at any time to the appropriate Discharge Review Board or Board for Correction for Military/Naval Records if they believe that there is an error or injustice in their records-to include those that were separated by the vaccine mandate," said Dietz, the DOD spokesman.

Fox News' Jennifer Griffin contributed to this report.