I'll go to my room now
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| -Land of the Free |
| In rebuke to Pentagon, Navy board finds 3-0 for vax objector amid questions of mandate's lawfulness |
| 2022-05-28 |
From a week ago, but I think still interesting. [JustTheNews] "[W]e are encouraged that the truth was revealed in this Board, and we hope this ground-breaking case sends a strong message to the Department of Defense," said counsel for Navy Lt. Billy Moseley.In a stinging rebuke to the Pentagon, a Navy administrative separation board voted unanimously to retain an officer who refused to comply with the military's COVID-19 vaccine mandate. Navy Lt. Billy Moseley, who has been an officer for 22 years, could have chosen to retire from the military when he was ordered to receive the COVID vaccine. He also could have submitted a Religious Accommodation Request, since he objected to the vaccine for religious reasons. Risking his retirement, Moseley chose instead to take his case to the administrative separation board after learning "that the Navy and the other services intended to implement a blanket denial policy," according to a blurb from his attorney, R. Davis Younts. Moseley consulted with legal and medical experts and "became convinced that as an officer he had an obligation to take a stand against the unlawful order and be a voice for thousands of enlisted Sailors," the blurb continued. Younts told Just the News Moseley is one of the first Navy service members — maybe even the first officer — to go to the board over the COVID vaccine mandate. Any service member who has been in the military for more than six years is entitled to the board for due process. In the Navy, the board's recommendation on whether to retain or separate (another term for firing) a member of the service is binding. Younts argued at the board hearing that the mandate for the experimental COVID vaccines was not a lawful order since the military has not made fully FDA-approved versions of the vaccines available to military members. The military defense attorney told Just the News that the attorneys for the Navy agreed with him that there are no FDA-approved vaccines available, only interchangeable vaccines. Younts added that if there are no FDA-approved vaccines available, then the president would have to authorize the experimental shots that are currently available, which hasn’t happened. On Friday, the board voted 3-0 that Moseley's failure to follow the COVID vaccine order did not count as misconduct and that he should remain in the Navy. Younts said that the board members weren't convinced that the vaccine order was lawful. He added that this precedent "puts the Navy in an interesting position" regarding the other service members who have also refused the COVID vaccine. While this is "only one case of thousands and we have many more clients facing prosecution by the military, we are encouraged that the truth was revealed in this Board, and we hope this ground-breaking case sends a strong message to the Department of Defense," Younts' blurb concluded. |
| Posted by:trailing wife |
| #8 achimptomatic The Ghost of Pappy glares sternly and tries not to snicker. |
| Posted by: SteveS 2022-05-28 17:56 |
| #7 Retention issues is possible. A friend was an Army Captain (O-3) and told me that there was a big hurdle in making Major (O-4). He didn't kiss the right posteriors (and didn't "walk on water and out Napoleon Napoleon" as well) so he punched his ticket at that point. |
| Posted by: magpie 2022-05-28 17:33 |
| #6 An O-3 after 22 years suggests he must have been a Mustang LDO (Limited Duty Officer) so it seems likely it was about retention, not his future career promotions? |
| Posted by: NoMoreBS 2022-05-28 11:47 |
| #5 I'll go to my room now |
| Posted by: Frank G 2022-05-28 10:38 |
| #4 Readiness Inspector(s) for the USMC pre-positioned ships at Diego Garcia in the Indian Ocean... |
| Posted by: magpie 2022-05-28 10:10 |
| #3 ..nah, Johnston Island was an Army installation. More like liaison duty with the Coasties at Casco Cove Coast Guard Station, the Aleutians. |
| Posted by: Procopius2k 2022-05-28 08:50 |
| #2 blink, blink, blink Their career dissipation lights are blinking Johnston Island (Frobisher Bay) here they come. Side Note: Covid-19-22 is still here. The "according to" the CDC the USA had 1.4+ Million (702,058 & & 761,583) "reported" cases and 3,900+ "CLAIMED" deaths in the last 14 days. Is it me, or are the "CLAIMS" now even to c-19 panic types more creative than fact? |
| Posted by: NN2N1 2022-05-28 07:22 |
| #1 COVID is over. The people who thought they were going to make an iron rice bowl career of it and for the next two generations of their progeny have to go back to the drawing board. And we need justice for all the people whose livelihoods were ruined by the gummint manufactured panic. |
| Posted by: M. Murcek 2022-05-28 02:39 |