Administrative Exemption Under AT Code for COVID Recovered SMs/Federal Employees/DoD Contractors

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AR 40-562 (also known as BUMEDINST 6230.15B) dated 07 OCT 2013 applies to all branches and even DOD civilians and contractors.

If you are a prior COVID positive/recovered individual you can apply for administrative exemption under the code AT (Administrative, temporary). This code exists for “Absent without leave, legal action pending (other than code AR)”. Code AR is Administrative Refusal. Code AR includes “Personnel involved in actions under the Uniformed Code of Military Justice, religious waiver. (Indefinite and revocable. May be revoked at any time. See paragraph 2-6b(2.)”.

An AT exemption is good for 90 days. Due to the lawsuit filed by Dan Roberts and Hollie Mulvihill. This lawsuit is suing to 1) immediately halt the mandatory vaccination in the military and 2) force the DoD to recognize prior covid positive/recovered individuals’ natural immunity. Natural immunity is also a category covered in AR 40-562 which would provide a medical exemption for recovered personnel. The DoD put out guidance that conflicted with their own regulations; that only individuals who had severe medical issues from the first dose of the covid immunization would be recognized under any medical exemption.

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As a COVID recovered individual you fit within the second category of that lawsuit. The AT exemption will need to be renewed every 90 days or until the civil case is resolved.

To apply for this exemption, you will need to utilize your service’s correspondence template (for the purpose of this explanation we will be using the Army memorandum correspondence as the template/example).

  1. Download the MFR and make the appropriate changes to the highlighted portions.
  2. You will need to include three enclosures in your exemption request with the MFR. (You may include Appendix C AR 40-562 as an additional enclosure as a quick reference)
    • The court docket for the Robert, Mulvihill, et al. v. Department of Defense (DoD), Food and Drug Administration (FDA), et al.
    • The provided document stating you are a second class of plaintiff in the court case. Download this document and fill in your name in the blank spaces on the last paragraph.
    • Documented Proof of infection and/or immunity via a T Cell test. You will need to pay for T Cell testing via https://www.t-detect.com/covid-19/for-patients/. The test will cost $159 and you will receive the results within 7 to 10 days from the day blood is drawn.

Compile all the documents & enclosures and turn them in to your chain of command stating that you request administrative exemption to the mandatory vaccination order IAW AR 40-562. You will most likely have to go see a medical provider to answer questions. If at any point your chain of command or medical provider refuses to acknowledge or submit the AT exemption you immediately need to begin the steps of an Article 138 complaint. This method/AT exemption has been successfully submitted with chains of commands and your chain of command has no authority to deny it at their level (this includes your company commander, BN commander, BDE commander, and CG/GCMCA). Pentagon authorities are currently trying to determine who the approval authority is for this case.

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Inundate and overwhelm the system with the requests. Force the DoD and Army to change it’s position.

**Please do not call/email the lawyer contact information listed in the second class plaintiff document. They will not respond. They are freely providing this information and resource out of the goodness of their heart to help you. Do not abuse that trust.**

-Culper

AT Exemption Memo Template:

Second Class Plaintiff Document

AR 40-562 Exemption Codes:

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Lea
Lea
1 year ago

Doing this now. Wish me luck.

Blake
Blake
1 year ago

Does this AT exemption “absent without leave” mean the exemptee will not receive pay? If not, why?

Kristy
Kristy
1 year ago

If plaintiffs have already gotten antibody testing done, do they have to do so again at the specific site listed above, or can they use their results from testing that has already been done?

Jordan
Jordan
1 year ago

Do we need a copy of the court orders?

avery
avery
Reply to  Jordan
1 year ago

wondering the same

Senior Strangelove
Senior Strangelove
1 year ago

If you are a believer in Christ you can submit a religious accommodation request. Your Commander will have you schedule a meeting with your chaplain so that they can determine your sincerity, which is nonsense. What chaplain in their right mind quieting your faith in Christ? Anyway its part of the process they’ll also give you a counseling and have you watch a video and get medical counseling. Your request has to go all the way up to the Surgeon General as long as the request is pending they can’t do any punitive action if the request is denied, do an appeal. If the speak is denied then and only then you’ll be asked to comply to which you day he’ll no. That’s what I am doing. If you want to see my request that I put together hit me up.

Senior Strangelove
Senior Strangelove
Reply to  Senior Strangelove
1 year ago

I wish there was an edit button. My apologies for the crappy spelling.

Patrick
Patrick
Reply to  Senior Strangelove
1 year ago

While it’s a good avenue to start with, Soldiers need to go in with a good understanding of their religious convictions, why the vaccine contradicts these beliefs and puts undo burden on their ability to practice their faith, and to be prepared for a slew of “gotcha” questions the chaplains have been forced to ask via questionnaire.

The big gotcha questions are: Q:”if you have received prior vaccines, why do you feel different about this one?” A: “this one is different because x/I didn’t know about y until now.”; Q: “the vaccine saves lives (not substantiated by the results of the Pfizer study, but bringing that up won’t help)…why do you think your religion justifies you to not take the vaccine?” A: “It is morally wrong because x and that outweighs the consequences of saving lives.” Q: “if you could take a vaccine that gives you immunity that doesn’t burden your ability to practice your religion, would your?” A: “yes.”

The questions are designed to get you off track and get you ranting about how the dangers of Covid were overblown and/or the vaccine is not safe and efficacious. It doesn’t matter how right you are or how many studies and metaphorical smoking guns you bring. If you get sidetracked into this line of arguing, your exemption will be dead on arrival. The other popular option is to undermine the sincerity of your religious belief by attempting to catch you in contradictions (you’ve taken x drug before) or challenging how seriously you take your faith (so you rarely read the Bible, pray, or go to services….).

Use common sense. Stick to your religious convictions. Don’t get dragged down rabbit holes. “I believe in and practice x religion. This is wrong in this religion because x. I am strongly convicted about this.”

The reason they try to trip you up about this stuff is because it’s the only criteria that matters for a religious accommodation. They’ll happily let you rant about mRNA, myocarditis, and Epstein Barr syndrome for an hour and a half. It will do nothing to establish your religious objection. Make a moral argument and stick to it.

Jessica J
Jessica J
Reply to  Senior Strangelove
11 months ago

I have done the same. My religious exemption was denied. I submitted an appeal to the surgeon general 4 weeks ago and I was told it would take about a month to receive word back…so I’m awaiting news anytime. Apparently 100% of religious exemptions have been denied. I don’t see this ending well for me.

Anthonie Tamez
Anthonie Tamez
1 year ago

good evening . I can’t seem to download any of the files included…any suggestions. Iv tried on the app and on the website. I keep getting error 404

Kim Speed
Kim Speed
11 months ago

My husband is COVID recovered and received a temporary exemption for 90 days due to the monoclonal Antibodies. He also has a + T cell Test and Antibody (IgG and – IgM) His exemption time is almost up. I see that many documents and past info was lost as Chief updated his servers. Does anyone have the documents above that they could share here? A couple of us are getting the error message:

“Looks like you got lost! We couldn’t find the page you were looking for. “404” .

We’d like to work on this over the weekend as his time is quickly approaching for the end of his temporary exemption. If we could extend every 90 days until the above case is resolved, that would be helpful. Does anyone else have a link to the status of the “Roberts and Mulvihill” case? I’ve been looking everywhere. I saw that a new Plaintiff was added a few days ago. I thought I saw that the judge had a hearing for Dan R and Hollie M’s case in Jan 2022. I cannot remember the details and decision made.

I just wanted to make sure that we could still use this AT Exemption too.

Any info you provide would be most helpful.

Thank you all in advance.

Warmly,
Kspeed

kaosz02
11 months ago

Unable to download attachments. I am active duty Navy and have brought my natural immunity up to my PCM, the NAVADMIN specifically calls out this does not count for COVID-19. Outside of this issue, my command has supported my RA 100%. I am awaiting my appeal to come back from the Chief of Naval Operations. What would filing an ART 138 do for me other than piss off my command that has been supportive?

Nolley
10 months ago

PLEASE HELP! I just found out about this and my fiancé is going to apply for the AT exemption but I am unable to download any of the documents listed. He has to have his appeal in by noon tomorrow (his RA was denied) and we really want to submit this before the appeal. He was denied help from JAG and they also informed him on Friday about his RA being denied and only gave him 4 days to get his appeal in.

Sharpshooter23019
9 months ago

Hey every time i try to download the documents so i can start this process it just takes me to my profile page… do you have a way of sending them to me?

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