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.
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).
- Download the MFR and make the appropriate changes to the highlighted portions.
- 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.
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:
