The Military’s COVID-19 Vaccination Mandate

The Military’s COVID-19 Vaccination Mandate

INSIGHTi
The Military’s COVID-19 Vaccination
Mandate
Updated November 8, 2021
Since the onset of the Coronavirus Disease 2019 (COVID-19) pandemic, Members of Congress have
expressed interest in Force Health Protection (FHP) measures the Department of Defense (DOD) might
implement to protect servicemembers and mitigate pandemic-related threats to military operations. DOD
has implemented a variety of conditions-based FHP measures that mirror the U.S. Centers for Disease
Control and Prevention’s recommended protective measures, to limit the spread of COVID-19 among
military personnel. On August 9, 2021, the Secretary of Defense (SECDEF) issued a Message to the
Force indicating his intent to require COVID-19 vaccination for servicemembers “no later than mid-
September, or immediately upon the U.S. Food and Drug Administration (FDA) licensure [of a COVID-
19 vaccine], whichever comes first.”
On August 23, 2021, the FDA approved the licensing application for the Pfizer-BioNTech COVID-19
vaccine for individuals aged 16 years and older. The vaccine, marketed as Comirnaty, is also available to
individuals aged 12 through 15 years old under an existing emergency use authorization (EUA). SECDEF
issued a memorandum on August 24, 2021, directing the Secretaries of the Military Departments
(MILDEPs) to “immediately begin full vaccination of al members of the Armed Forces under DoD
authority on active duty or in the Ready Reserve, including the National Guard, who are not fully
vaccinated against COVID-19.”
This Insight summarizes the COVID-19 vaccination mandate for servicemembers and offers
considerations for Congress as the MILDEPs implement the mandate. For an overview of DOD’s
vaccination policy and program, see CRS InFocus 11816.
Military Mandate for COVID-19 Vaccination
The SECDEF memorandum mandates that servicemembers become “fully vaccinated against COVID-
19” and directs that only FDA-approved COVID-19 vaccines be used for mandatory vaccination.
Servicemembers may also volunteer to receive another COVID-19 vaccine to meet the requirement. DOD
defines “fully vaccinated” status as starting “two weeks after completing” the dosing regiments of
 the Pfizer-BioNTech vaccine,
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 a COVID-19 vaccine subject to an FDA EUA (e.g., Moderna or Johnson & Johnson), or
 a COVID-19 vaccine approved on the World Health Organization’s Emergency Use
Listing.
The memorandum states that servicemembers previously infected with COVID-19 are not considered
“fully vaccinated.” Servicemembers may be vaccinated through the Military Health System or another
clinic at no cost.
Each MILDEP has issued directives to establish the requirement, establish deadlines, and clarify the
process for requesting an exemption. The U.S. Coast Guard (USCG), under the Department of Homeland
Security, issued a similar mandate for active and reserve members on August 26, 2021.
COVID-19 Vaccination Exemptions
Servicemembers may request an administrative or medical exemption to the vaccination requirement
using similar procedures established for other mandatory vaccinations.
Medical Exemptions
Temporary (≤365 days) medical exemptions may be authorized by a DOD or USCG medical provider if a
servicemember has an underlying health condition contraindicated with vaccination (e.g., the individual is
immunocompromised or experienced a previous adverse health effect from an immunization), or a
clinical issue that requires further medical evaluation. Certain military services may also authorize a
permanent (>365 days) medical exemption when approved by a senior medical official. The SECDEF
memorandum exempts servicemembers participating in COVID-19 clinical trials from mandatory
vaccination until the end of the research project.
Administrative Exemptions
Temporary or permanent administrative exemptions may be authorized under certain circumstances. A
unit commander may authorize exemptions for those pending separation or retirement. Senior service
officials may authorize religious exemptions after the servicemember is counseled by the unit
commander, a medical provider, and a military chaplain. These requests must also be endorsed by the
servicemember’s chain of command and reviewed by a military lawyer prior to consideration by an
approving authority. In general, servicemembers may appeal a denied exemption request to a higher-level
authority for a final adjudication decision.
Figure 1 identifies the military services’ vaccination deadlines and the approval authorities for medical
and administrative exemptions.

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Figure 1. COVID-19 Vaccination Deadlines and Approval Authorities for Exemptions

Sources: CRS graphic based on analysis of Department of the Army, FRAGO 5 to HQDA EXORD 225-21 COVID-19 Steady
State Operations, September 14, 2021; Army Regulation 600-20, Army Command Policy, July 24, 2020; Department of the Air
Force memorandum, Mandatory Coronavirus Disease 2019 Vaccination of Department of the Air Force Military Members,
September 3, 2021; U.S. Naval Administrative Message 190/21, 2021-2022 Navy Mandatory COVID-19 Vaccination and
Reporting Policy, August 31, 2021; Bureau of Naval Personnel Instruction 1730.11A, Standards and Procedures Governing the
Accommodation of Religious Practices, March 16, 2020; U.S. Marine Corps Administrative Message 462/21, Mandatory COVID-
19 Vaccination of Marine Corps Active and Reserve Components, September 1, 2021; Marine Corps Order 1730.9,
Accommodation of Religious Practices in the Marine Corps, July 12, 2021; DOD, Joint Services Regulation on Immunizations and
Chemoprophylaxis for the Prevention of Infectious Diseases, October 7, 2013; and email communication with DOD and USCG
officials, September 2021.
Addressing Noncompliance
The MILDEP directives authorize unit commanders to counsel and take action against noncompliant
servicemembers who have not requested or received an exemption, which is considered a violation of
Article 92 (i.e., Failure to Obey order or regulation) of the Uniform Code of Military Justice. A unit
commander may pursue the following actions against a noncompliant servicemember:
 no action,
 administration action,

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 nonjudicial punishment,
 disposition of charges (i.e., court-martial), or
 forwarding (to another court-martial authority) for disposition of charges.
Considerations for Congress
Congress may consider the following lines of inquiry to gather further information on DOD and USCG
implementation of the COVID-19 vaccination mandate:
 What barriers, if any, do servicemembers experience in requesting an exemption or
accommodation?
 How are unit commanders and senior service leaders trained to evaluate and decide on
religious accommodations and other personnel matters?
 How do unit commanders determine which action is appropriate for noncompliant
servicemembers?
 What discharge characterization wil separated or dismissed servicemembers receive? Are
discharge characterizations after an adverse separation consistent and comparable across
al military services?
 How might the mandate affect military recruitment and retention?
 How wil DOD or the MILDEPs record the number or percentage of noncompliant
servicemembers? Wil that data be made available to Congress?

Author Information

Bryce H. P. Mendez

Analyst in Defense Health Care Policy

Disclaimer
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