Mark Bashaw, previously the only member of the Armed Forces to face a court-martial for refusing the COVID-19 vaccine, has been reinstated to the U.S. Army. In a turn of events that seems almost poetic, Bashaw not only regained his position but was also promoted as if he had never been discharged, and he received back pay. Adding a layer of intrigue to this resolution is the fact that his prosecution was led by Yevgeny Semyonovich Vindman, now a Virginia congressman and the brother of Lieutenant Colonel Aleksandr Vindman, who gained national attention during the impeachment proceedings against former President Trump.
Bashaw, who had served as a noncommissioned officer in the U.S. Air Force before being commissioned into the Army’s Medical Service Corps, was stationed at Aberdeen Proving Ground when he was charged in February 2022. The charges against him included three counts of “failure to obey lawful orders.”
In May, Bashaw was convicted by a special court-martial—a type of military trial distinct from a summary or general court-martial. While he faced three charges, he was only convicted of two, as he was acquitted on the charge of refusing to wear a mask indoors. The judge decided against fining Bashaw or sentencing him to confinement but did order his dismissal from the service. The decision sparked questions, as the penalties imposed could have been handled administratively rather than through a court-martial. In response, Aberdeen released a statement noting that receiving no punishment at a court-martial is not unprecedented, though they offered no examples to back this claim.
The prosecutor in Bashaw’s case seemed satisfied with the outcome, despite the controversial nature of the charges and their impact on Bashaw, a father of three. His enthusiasm for the dismissal raised eyebrows, suggesting it was a move aimed at gaining favor within certain circles.
Fast-forward to January 27, 2025, when President Trump issued an order allowing reinstatement for military members discharged solely for refusing the COVID-19 vaccine, provided they requested to return. This directive, known as “Reinstating Service Members Discharged Under the Military’s COVID-19 Vaccination Mandate,” opened the door for Bashaw’s reinstatement.
The path to reinstatement, however, was fraught with challenges. The military’s bureaucratic machinery resisted at every step. Those seeking reinstatement were informed that any income they earned during their discharge would be deducted from what was owed to them. Ultimately, Bashaw’s case required the intervention of the Under Secretary of War for Personnel and Readiness to ensure his full reinstatement and compensation.
His prosecutor wanted everyone to know how happy he was that he’d booted a father of three out of the Army on totally bulls*** charges. Because if you can’t get noticed by the right people by being a suck-up, what does it matter?
Proud of the prosecution team at Aberdeen Proving Ground. Secured a first in the nation conviction at court-martial of a lieutenant who failed to obey lawful orders re COVID mitigation measures. Guilty on all 3 counts. #orderanddiscipline
— Eugene Vindman (@YVindman) April 29, 2022
MAJOR GENERAL ROBERT EDMONSON II., Senior Mission Commander, Aberdeen Proving Ground, Maryland did this with the help of his Staff Judge Advocate, COL (Retired) YEVGENY EUGENE VINDMAN. pic.twitter.com/XofcaV0Os3
— Mark Charles Bashaw (@MCBashaw) December 6, 2023
On January 27, 2025, President Trump ordered reinstatement be made “available to all members of the military (active and reserve) who were discharged solely for refusal to receive the COVID-19 vaccine and who request to be reinstated;” see Reinstating Service Members Discharged Under the Military’s COVID-19 Vaccination Mandate.
The road hasn’t been easy. At every turn, the bureaucratic beast that runs the Armed Forces has fought tooth and nail. Instead of full restitution of pay and allowances, people applying for reinstatement have been told that any money they earned while discharged would be subtracted from what was owed. To get Bashaw reinstated, the personal intervention of the Under Secretary of War for Personnel and Readiness was required.
UPDATE: @USArmy is engaging @KevinBouren & @MCBashaw to help resolve “last mile” concerns.@DeptofWar efforts to solve problems aren’t always public, but they are happening. We’re making steady progress on the reinstatement process, other remedies & task force creation.
— Under Secretary of War Anthony J. Tata (@USW_PR_HONTata) October 23, 2025
This tweet by retired Warrant Officer Sam Shoemate, the go-to guy for information on reinstatements, says it all.
I spoke to him. You sure lit a fire under their ass to get him taken care of. The problem is that it shouldn’t take the Undersecretary of the DOW to get that done.
— Shoe (@samosaur) October 24, 2025
But justice was served.
UPDATE:
Thank you sir!Full reinstatement granted — retroactively promoted to Captain, with a Date of Rank: 13 December 2021, and no break in service.
Orders are being issued for me to report for Active Duty on 01 November 2025, following an unlawful discharge, court-martial,… pic.twitter.com/OKR8iqKsCa
— Mark Charles Bashaw (@MCBashaw) October 24, 2025
The promotion keeps Bashaw aligned with his peers in date of rank.
To date, only three or four people have been restored to active duty in the nine months since President Trump so ordered.
This is only the first step. He was deprived of five years of experience, and somewhere out there is a closeted Joe Biden supporter and Branch Covidian just waiting to ruin his career.
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