Mandatory COVID-19 Vaccinations for Service Members

By Hannah Deardorff, Fort Bliss Legal Assistance Office

One of the most common topics that the Fort Bliss Legal Assistance Office has received questions about in recent weeks has been surrounding the order from the Secretary of Defense mandating that all service members receive the COVID-19 vaccine. The current guidance that our office has received from the Legal Assistance Policy Division states that the “[m]andatory vaccination against COVID-19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug Administration (FDA), in accordance with FDA-approved labeling and guidance” (namely the Pfizer vaccine.) However, if you have already received a different vaccine with the FDA Emergency Use Authorization or World Health Organization Emergency Use Listing, you are considered fully vaccinated and in accordance with the mandate. If you are participating in a COVID-19 clinical trial, you are exempt from the vaccine mandate until the trial is complete.    

There are two potential exemptions that service members can claim as the basis for an Exception to Policy:  1) medical exemption and 2) administrative exemption.  In order to obtain a medical exemption you will need to obtain a determination from your health care provider based on your health issue and the nature of the immunization according to AR 40-562, para. 2-6a. Underlying health conditions can serve as a basis for an exemption.

Additionally, according to the Army’s Medical Readiness Procedures, pregnant soldiers are “exempt from all immunizations except influenza and tetanus-diphtheria and from exposure to all fetotoxic chemicals noted on the occupational history form.” A spokeswoman for the Pentagon recently confirmed that this exemption will apply for the COVID-19 vaccination.

Administrative exemptions include those contained in AR 40-562, as well as religious exemptions. Religious accommodations follow the requirements of AR 600-20, para. P-2b, and DoDI 1300.17. For religious exemptions, DoDI 1300.17 states that each request should be reviewed individually. The following factors are to be considered:  “(1) The compelling governmental interest in mission accomplishment, including military readiness, unit cohesion, good order and discipline, or health and safety. (2) Alternate means available to address the requested accommodation.”   

If you refuse to be immunized and do not have a valid exemption, your actions may result in adverse administrative or punitive actions. If you obtain an Exception to Policy, this could limit your ability to PCS, travel, or go TDY, since other countries may be limiting admittance according to vaccination status. 

The Fort Bliss Legal Assistance Office is not authorized to provide guidance on obtaining an ETP; however, if you receive adverse administrative action (e.g., a GOMOR), Legal Assistance can assist you with rebuttal matters. Alternatively, if you are notified of punitive action (e.g., Article 15 or separation), the Trial Defense Services Office can assist. If you need an appointment to speak with a Legal Assistance Attorney, please email our office at usarmy.bliss.hqda-otjag.list.bliss-all-osja@mail.mil.