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Military & Veteran Lawyer > Blog > Military & Veterans > Military Knows That They Cannot Discharge Tens of Thousands who won’t Take a Vaccine That Does not Provide Immunity to Covid or So-called Delta Variant

Military Knows That They Cannot Discharge Tens of Thousands who won’t Take a Vaccine That Does not Provide Immunity to Covid or So-called Delta Variant

We wish that there was more that you can do, now, but a lawyer may not be necessary until you are notified of administrative separation.  If you would like a privileged consultation, please let us know and we can explain more as it relates to your personal circumstances.

DOD will not back down on this so be prepared as they pressure you to take an injection that seems to be derived from stem cell lines of aborted babies.

Learn more from an MSN.com post, of all places.  Fetal Cell Lines Were Used to Make the Johnson & Johnson COVID Vaccine—Here’s What That Means (msn.com)

VACCINE REFUSENIKS TO GET A GOOD TALKING TO: In an effort to head off a revolt in the ranks over mandatory COVID-19 vaccines, the Pentagon is stressing that while troops do not have the option to ignore a lawful order, vaccines resistors will be treated with compassion and counseling, not a trip to the brig.

“Should an individual not want to take the vaccine for other than religious or medical purposes, then our commanders will have a range of tools available to them to help these individuals to make the best decision for them and for their families, for their teammates, that are short of using the Uniform Code of Military Justice, in other words, disciplinary measures,” said Pentagon chief spokesman John Kirby.

In an appearance on Fox News, Kirby told host Neil Cavuto the emphasis will be on counseling and an appeal to the individual’s sense of duty to protect others.

“We’ll talk to them. Their command will talk to them. Medical professionals will talk to them, try to inform and educate, answer any questions that they have. And hopefully those who are hesitant will come around to the wisdom of doing this,” Kirby said. “It’s not unlike putting body armor on in combat. It’s a way of protecting yourself, and by protecting yourself, you’re helping to protect your unit, your ship, your command, your community.”

Washington Examiner story, from August 11th.  The Pentagon expects “most” troops will be willing to comply when the coronavirus vaccine becomes mandatory which would happen in a matter of weeks.

“Frankly, we believe that most troops will respond positively to the order, just like they do in every other mission-critical order that they’re issued,” Pentagon spokesman John Kirby said on Tuesday.

Defense Secretary Ausin announced a day earlier that he will seek the president’s approval to mandate the COVID-19 vaccine by mid-September if the Food and Drug Administration doesn’t fully approve one of the vaccines before then. Once the FDA approves a vaccine, Austin has the authority to “go ahead [and] make them mandatory for the troops,” Kirby explained during two interviews, one on MSNBC and one on Fox News.

Similar to any of the other 17 mandatory vaccines for military members, a soldier may be exempt from taking the COVID-19 jab for medical or religious reasons.

For those who are “just objecting because you’re objecting, once it has become mandatory, that’s a lawful order, and our expectation is that you’re going to obey the order,” he said. “Nobody is looking for strong punitive disciplinary measures.”

He also noted that “there are tools available to commanders short of disciplinary action to try to get soldiers to do the right thing.”

The military will turn to counseling in the event that soldiers refuse to get the vaccine for nonreligious and nonmedical reasons.

The Department of Defense will have “counseling provided to any member of the military who doesn’t want to take it for other reasons than religion or medical. And we’ll talk to them. Their command will talk to them. Medical professionals will talk to them, try to inform and educate, answer any questions that they have,” he added.

Biden indicated his support for Austin’s plan to mandate the vaccine shortly after it was announced.

“I strongly support Secretary Austin’s message to the Force today on the Department of Defense’s plan to add the COVID-19 vaccine to the list of required vaccinations for our service members not later than mid-September. Secretary Austin and I share an unshakable commitment to making sure our troops have every tool they need to do their jobs as safely as possible,” the president said.

Nearly 75% of active-duty forces have already been vaccinated, according to Defense Department officials.

Some Republicans have spoken out against the plan to mandate the coronavirus vaccine.

Rep. Mark Green of Tennessee, who served in the Army, told the Washington Examiner in an interview he “would prefer they not mandate this vaccine personally, that’s a personal thing. But I am absolutely going to fight them and make sure they follow the law.”

The congressman also brought up the legality of a mandate last week, which hadn’t been handed down at the time, in a letter signed by more than a dozen GOP lawmakers addressed to Austin.

Based on Austin’s memo to the troops, there should be little concern about the military overstepping its legal authority, according to former aviator and Navy judge advocate attorney Mark Nevitt.

Nevitt, now a law professor at Syracuse University, told the Washington Examiner in an interview that “from a legal perspective, it’s pretty straightforward” because “Biden has the authority delegated to him from Congress under the statute to make this national security determination.” It’s also uncomplicated, he said, as Austin said he’d seek the president’s approval before pushing forward, unless the FDA approves of one of the vaccines first.


GOP lawmaker seeks honorable discharge designation for soldiers who refuse COVID-19 vaccine | Washington Examiner

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