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According to Bethany Blankley, in a July 14, 2022 article in The Center Square, more than 60,000 Army Soldiers who refused to take the COVID-19 vaccines have lost pay and benefits over the vaccine mandate. Furthermore, according to the statistics provided by the U.S. Army Public Affairs office at that same time, although specific accommodations based on religious, administrative, or medical grounds should have been granted, data provided by the Army shows only 30 permanent medical exemption requests were granted out of 783 in the regular Army. Also, it shows only 119 permanent religious exemptions were granted out of 4,440 requested in the regular Army. (Click here if you would like to read the statistics provided by the U.S. Army Public Affairs office. (U.S. Army Public Affairs, 2022). Roughly 97% of medical or religious accommodation requests have been denied or are still under review.
However, on January 10, 2023, Defense Secretary Lloyd Austin released a Memorandum dropping the COVID-19 vaccination mandate. (You may read the entire notice here.) Thus, ongoing reviews of accommodation requests for exemption from the COVID-19 vaccine or appeals or denials of such requests will be ceased. At the same time, he also stated, “The Department will continue to promote and encourage COVID-19 vaccination for all Service members.” The Memorandum makes no mention of the career and potential life-long harm to Service members who did not receive the vaccine and states the vaccine “improved the health of our Service members and the readiness of the Force” a position that is contested by many.
Interestingly, Defense Secretary Austin gives all commanders complete discretion regarding the ability to maintain military readiness, unit cohesion, good order and discipline, and the health and safety of a resilient Joint Force. Each Service has now promulgated through their Service Secretary specific guidance for that Service. Therefore, it is up to the commander how and when and where (or if) the Service members (who are not vaccinated) are deployed. Is the Pentagon considering paying back former service members who were discharged because they refused the COVID-19 vaccine? Do they get back their lost pay and benefits over the vaccine mandate? Will the military Service boards automatically grant discharge upgrades for Service members who were “chaptered” out SOLELY because of vaccine refusal?
If you have questions, please reach out to our skilled military attorneys by email at info@mnbmeridian.com or by telephone at (215) 268-3003.
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