Army Order Does Not Remove Vaccine Mandate for National Guard and Reserve Soldiers As Outlined in the FY23 NDAA

Approximately 600,000 troops in the National Guard and Reserves were just hoodwinked by the new NDAA signed into law December 23. The annual defense authorization bill specifically states that “not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall rescind the mandate that members of the Armed Forces be vaccinated against COVID-19 pursuant to the memorandum dated August 24, 2021.’’

FY23 NDAA

Yet a new order just released from HQDA (Headquarters Department of the Army) states that “the FY2023 NDAA does not address the Secretary of the Defense’s directive regarding Covid-19 vaccination for members of the National Guard and Ready Reserve (Annex AAAA). Commands will continue to adhere to Annex AAAA.

FRAGO 35

The Department of Defense issued a mandate on August 24, 2021 for all active duty personnel to be vaccinated with an FDA approved Covid-19 vaccine. However, this memo did not apply to National Guard and Reserve forces. A subsequent memo was written on November 30, 2021 which directs all members of these organizations to receive the vaccine.

Annex AAAA Memo

The Adjutant General (TAG) of each state references the above memo when directing their forces to receive the vaccine. Within the memo it states, “no Department of Defense funding may be allocated for payment of duties performed under title 32 for members of the National Guard who do not comply with Department of Defense COVID-19 vaccination requirements.” What this means is that every single state would have to individually rescind their vaccine mandate, and the Pentagon has clearly stated in FRAGO 35 that they don’t have to pursuant to the newest NDAA which only covers the original August 24 memo.

What’s more, The Dossier just published the Pentagon’s unclassified guidance document that details how the Defense Department intends on following through with rescinding its unlawful Covid-19 mRNA shot mandate. Part of the guidance issued to anyone in the Pentagon who speaks officially on the matter states that “the repeal of the mandate would apply to all Service members.”

Clearly the Army is on a different sheet of music than the Pentagon. Many people were hesitant about a repeal of the vaccine mandate in the NDAA because they lived under the lawless directive to receive an FDA approved vaccine when there was none to give. If the DOD was willing to play a shell game by stating the it was legally permissible to make the EUA and FDA vaccines interchangeable, then they were likely more than willing to politic the wording in their subsequent guidance to their forces regarding the overall repeal. Once again, the DOD has proven that it is simply incapable of following federal law as written by Congress and signed by the President.

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pjusty
pjusty
10 months ago

Chief I think you’re wrong on your interpretation of this guidance in the FRAGO. Annex AAAA does not mandate the vaccine for non federalized NG and Reserve. It implements an enforcement mechanism for the mandate. (Because it was in response to states saying they wouldn’t enforce it on their NG units) So non-vaccinated members can’t drill or be paid until they are either vaxed or the memo is rescinded/superseded. Annex AAAA is built upon the Aug 24th memo. Once the Aug memo is officially rescinded. Annex AAAA will have no policy in place that the enforcement is for. I would expect all memorandums for any part of the vax mandate will be moot once the original is gone.

Last edited 10 months ago by pjusty
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