The Department of Defense (DoD) recently announced that they would require U.S. military personnel to be vaccinated against COVID-19 by September 15, 2021, and those who refuse to do so will be subject to punishment up to and including court-martial.
Service members who oppose the vaccination mandate are fighting back. Staff Sergeant Daniel Robert from the U.S. Army and Staff Sergent Hollie Mulvihill, from the U.S. Marine Corps, filed an action against the DoD, seeking a judgment that they cannot be forced to be inoculated under current military regulations, federal regulations, federal law, and the U.S. Constitution.
The plaintiffs are acting on behalf of themselves and all other active-duty members who were previously infected with COVID-19. In their documents, they stated that the DoD is “already vaccinating military members in flagrant violation of its legal obligations and the rights of servicemembers under federal law and the Constitution.”
They also stated that “Army Regulation 40-562 provides documented survivors of an infection, a presumptive medical exemption from vaccination because of the natural immunity acquired as a result of having survived the infection.”
Troops still forced to get COVID-19 vaccinations
According to the Pentagon, there are more than 1.3 million troops on active duty, and close to 800,000 in the Guard and Reserve. As of August 18, more than 1 million active-duty, Guard and Reserve service members have been fully vaccinated, while 245,000 more received at least one shot.
Defense officials also said that it is important for troops to get the vaccine as they live and work closely together — outbreaks could hamper the U.S. military’s ability to protect the country.
Guard officials also said that it is difficult to assess how many of their citizen-soldiers have gotten inoculated, however, they may be able to begin tracking the number with precision as Guard members are required to report to their drill weekends by fall.
The decision to mandate the vaccine reflects similar actions by companies and governments around the globe as nations continue to struggle with the highly contagious delta variant that sent U.S. cases surging to new heights. (Related: NZ soldiers told: Get coronavirus vaccine or get FIRED.)
