Refuse the COVID19 Vaccine? Article 92 consequences for refusing

The COVID-19 vaccine is not the first vaccine that military members need to receive.

An Air Force spokesperson told the Pentagon that “a total of 17 vaccines are needed for its service members under various circumstances.”

The Military Health System website Required vaccine and dosage For military personnel deployed in various parts of the world, including typhoid fever, anthrax, and yellow fever. Military law lawyer Mike Hansel explains that in most cases there are vaccine requirements in preparation for operation. Service members should always be ready to deploy.

“Historically, if people aren’t ready to operate and can’t deploy, the army won’t work,” Hansel explained. “In the event of a Pearl Harbor attack, or 9/11, people need to be ready to deploy immediately. In case of illness, they are not.”

For the results, both Hansel and another military lawyer, David P. Sheldon, referred to the same section of the Uniform Code of Military Justice. Article 92, This deals with not complying with legal orders.

“In essence, you would be accused of violating Article 92 by refusing a direct order,” Sheldon said. “And the direct order in this case is to get the vaccine.”

 Those of the discharges that may be involved here can arise through administrative or non-judicial routes, or in the most serious situations from court martial.

On the lightest management side, there is an honorable discharge. The next level is general discharge under prestigious conditions, and members can deny the benefits of the GI. The most serious administrative discharges are non-honorable discharges, often reserved due to forms of misconduct. Hansel said these are not necessarily considered punishments, but are considered characterizations.

If a service member is convicted at a court martial, it can lead to dishonorable discharge. They have the most restrictions on future enlistment and receipt of benefits. Sheldon told the validation team that while these are technically possible, they believe that refusing the vaccine is unlikely to cause such serious consequences.

“In this situation, I think it’s very unlikely, both for political reasons and simply because it’s really, really unmanageable,” Sheldon explained. “Service members are much more likely to face an administrative type of separation.”

Hansel said permanent punishment could result in how much remarks executives want to make.

“The military may set an example for those who refuse to obey this order because they need to keep order and discipline,” Hansel said.

In an August 10 interview with Fox News’ Neil Cavout, Pentagon spokesman John Kirby was able to receive counseling from an army hesitant to demonstrate the safety and efficacy of the vaccine. Said.If that didn’t make sense, he said the chain of command NS He will take administrative measures, but emphasized that the measures under the UCMJ are “very unlikely.”

All this assumes that the order is legal and both of our experts agree that it is legal. If the FDA fully approves the vaccine, it will be an airtight order, but until then, the presidential exemption will fill the licensing gap.

The warning that all vaccine obligations must be followed is two major exceptions that people can legally call: medical and religious tax exemptions, both apply here. A medical exemption by a doctor must be granted. According to Hansel, getting a religious exemption can be a little difficult.

“It needs to be a sincere religious belief,” he said. “If this religious concern began when the COVID vaccine was launched and wasn’t applied to any of the other vaccines that everyone in the military had obtained in large numbers, I think it would probably be an unsupportable argument.”

Therefore, if a military service member refuses to receive the COVID-19 vaccine without a formal exemption, he or she can be assured that he or she can be excluded from military service.

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