Fact check: Did Biden order 'dishonorable discharge' for troops that refuse COVID vaccine?
A new rumor on social media claimed that President Joe Biden commanded the military to dishonorably discharge service members who reject the Pentagon's COVID-19 vaccine mandate. PolitiFact sets the record straight.
Posted — UpdatedIn reality, Biden gave no such direction, and legal experts said he wouldn’t have the authority to do so. But various posts claiming otherwise garnered thousands of engagements on Instagram.
The posts were flagged as part of Facebook’s efforts to combat false news and misinformation on its News Feed.
Asked whether Biden had issued such a directive, the White House referred PolitiFact to the Pentagon, which offered a simple rebuttal: "Regarding the claim on Instagram, that is false."
Biden doesn’t have authority to order dishonorable discharges
Several branches of the military separately confirmed that they had not received a White House order like the Instagram posts described. "President Biden has not ordered the Coast Guard to dishonorably discharge Coast Guard members who refuse the COVID-19 vaccine," said Lt. Cmdr. Matthew Kroll, chief of media relations for the Coast Guard, in one such statement.
"Under decades-old federal law, a dishonorable discharge can only be given to a service member who has been convicted by a general court-martial," said Dwight Stirling, founder and CEO of the Center for Law and Military Policy, a think tank, and a lecturer in law at the University of Southern California.
But the administration’s opposition to such legislation is "not the same thing as the president directing a dishonorable discharge," Rosen said.
Service members can request exemptions for medical and religious reasons.
"Taking the vaccine is a requirement, and again, I'll just leave it at that," Defense Secretary Lloyd Austin told Congress Sept. 28.
It is legally possible for service members who refuse the vaccine to be dishonorably discharged, Rosen said, though it would require a trial, with all the rights attendant to a criminal proceeding.
Stirling said a dishonorable discharge is akin to a felony conviction, and that it’s more likely these troops would face an administrative response, which could include a written reprimand, a comment in a performance evaluation, a demotion, or one of the less severe forms of discharge.
Vaccination rates are higher in military
The Instagram post’s claim about "46% of troops" refusing the vaccine came from the Sandra Rose blog post, which said that 600,000 out of the more than 1.3 million active-duty service members had "declined to roll up their sleeves." Those numbers aren’t accurate.
According to June data from the Pentagon, the U.S. employs almost 1.38 million active-duty troops, plus nearly 800,000 National Guard and reserves. It’s roughly 2.18 million in total.
Maj. Charlie Dietz, a spokesperson for the Pentagon, told PolitiFact that as of Oct. 1, about 95% of active-duty troops had been fully or partially vaccinated.
Dietz said the military’s vaccination rates have increased significantly following the mandate, and that he was unaware of anyone being discharged for refusing to comply.
PolitiFact ruling
Instagram posts said, "Biden orders dishonorable discharge for 46% of troops who refuse vaccine."
There’s no evidence that Biden has given any such direction, and experts on military law said he wouldn’t have the legal authority to do so as president. The percentage of active-duty military service members who have been partially or fully vaccinated against COVID-19 is about 95%, and the deadlines are a month or more away.
We rate this post False.
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