SIGNED INTO LAW: Sen. Marshall Legislation to Prevent Dishonorable Discharges for Unvaccinated Servicemembers

In his first NDAA as a Senator, Marshall Secures 14 wins to Protect National Security

(Washington, D.C., December 28, 2021) – U.S. Senator Roger Marshall, M.D. issued the following statement after his legislation to prevent servicemembers from receiving a dishonorable discharge for choosing to not get the COVID vaccine was signed into law by President Joe Biden as part of the National Defense Authorization Act (NDAA). In total, Senator Marshall secured 14 NDAA wins in his first year as a U.S. Senator to protect our national security.

“As a former Army doctor, I am proud the NDAA was signed into law and included my amendment to ensure servicemembers will be protected from a dishonorable discharge for choosing not to get the COVID vaccine. Simply put, a dishonorable discharge treats our heroes as felons. But, our American heroes deserve better,” said Senator Marshall. “I support the vaccine, but I also support those who are defending our freedoms and have carefully weighed their decision on whether to receive it. With the NDAA having been signed into law, our service men and women have medical freedom they rightly deserve.”

Senator Marshall’s NDAA Wins:

In addition to his amendment protecting unvaccinated servicemembers from receiving a dishonorable discharge, Senator Marshall secured various wins in the NDAA that champion Kansas military communities and advance America’s defense capabilities, including provisions to:

  • Require the Department of Defense to establish uniform standards under which service members may be exempted from receiving the COVID-19 vaccine for administrative, medical, or religious reasons;
  • Require the Department of Defense to consider the effects of natural immunity in setting medical standards, as well as whether the service member is approaching retirement when setting the administrative exemption standards;
  • Prohibit the Department of Defense from working with EcoHealth Alliance, Inc., a non-profit that funneled taxpayer dollars to the Wuhan Institute of Virology, to conduct research supported by the Chinese government;
  • Prohibit any reduction in the number of intercontinental ballistic missiles or retiring or reconverting our low-yield nuclear warheads at a time when China is rapidly expanding its nuclear arsenal;
  • Fully fund the modernization of our nuclear triad, including Ground Based Strategic Deterrent.

Women in the Draft:

  • Senator Marshall was a cosponsor of an amendment that successfully removed language requiring women to register for the Selective Service.

Iran Amendments:

The NDAA also includes several provisions led by Senator Marshall to counter the malign actions of Iran and limit the ability of the Biden Administration to lift sanctions on the regime. The requirements come as the Biden Administration restarts negotiations aimed at securing a new Iran nuclear deal. The provisions would:

  • Require the Department of Defense to assess the impact the removal of sanctions would have on the capabilities of the Iranian military and Iranian terrorist proxies;
  • Require the Department of Defense to report to Congress on military ties between Iran and China;
  • Prohibit transfers to Badr Organization;
  • Prohibit transfers to the government of Iran;
  • Require a report on the military capabilities of Iran and related activities.

Kansas Military Funding:

  • $4 million in funding for Fort Leavenworth Child Development Center;
  • $17.1 million in funding for the Kansas National Guard Nickell Memorial Armory.


You may click HERE or on the image below to watch a highlight video of Senator Marshall’s fight against dishonorable discharges for servicemembers who choose to not get the COVID vaccine:

The COVID-19 Vaccine Dishonorable Discharge Prevention Act was introduced by Senator Marshall on the heels of President Biden mandating millions of Americans to get vaccinated and the DOD issuing guidance stating that soldiers who refuse the vaccine will face “administrative or non-judicial punishment [under UCMJ] – to include relief of duties or discharge.”

Soon after introduction of the bill, the White House announced opposition to the Senators’ legislation and in turn doubled down in their support to give service members a dishonorable discharge for refusing the COVID vaccine. As such, Senator Marshall offered his legislation as an amendment to the NDAA.

Dishonorably discharged U.S. service members surrender the following rights and benefits:

  • Ownership of any sort of firearm or ammunition
  • Access to the GI Bill for further education
  • VA home loans
  • VA medical benefits
  • Military Funeral Honors
  • Re-enlistment in another military branch

Senator Marshall penned an op-ed for FOX News on his legislation. You may click HERE to read it. You may also click HERE or on the image below to watch Senator Marshall’s recent press conference on his legislation.