Posted on Jan 19, 2021
SGT Suraj Dave
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Had a conversation with my family about military members and the COVID vaccination. They informed me that the news said it was optional for soldiers, but I told them it doesnt matter what the big army says. It matters what your unit and your commander say. The Army isnt a very centralized organization. Commanders have a very high degree of independence. Rules and policy are vastly different from company to company, battalion to battalion, and division to division. The only uniformity in the Army is the uniform itself. Every different command in the Army is a different planet compared to where you just came from.

I remember during deployment, A soldiers refused to to take his combat patch off from another unit. He quoted the regulation that said its optional to wear and its the soldiers choice of which one to wear. Then before we knew it there was a brigade policy letter that all soldiers must wear the current units patch as their combat patch. It was explained to us that when the big Army says something is optional, they are essentially saying "Commanders decision".

I am not an anti vaxxer. I am actually a medical student. Is my thinking correct though? The big army says its optional, but if your commander says it is not than its not optional.
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WO1 Intel Nco
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"Some" commanders have tried to make it mandatory I've seen from other social media posts.

While this vaccine is under an EUA from the FDA it is 100% voluntary. The only person who can make it mandatory under the EUA is the president. Please don't let commanders bully you or other into receiving something you don't have to just to "be green".

This is based on the DODI 6200.02. As well as the director for the DoD health Dept LTG Place during a press conference where he/team were asked multiple times on if it was voluntary (yes) and if any administrative actions could come of the service members (no)
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SGT Suraj Dave
SGT Suraj Dave
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Thank you this is the answer I was looking for. I was just making sure what local unit commanders didnt have the power to turn "optional" into "mandatory" as I often saw them do when I was in the Army.
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SFC Retention Operations Nco
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The reason the COVID vaccine is still optional is that it is an experimental vaccination at this point. If a Soldier were to try to reject any other mandated vaccine they would be separated.

Your comparison to uniform items isn't really applicable because the commander is the ultimate approval authority on uniform items. This is why RI's, SF Cadre, and Airborne Instructors have tabs sewn on their PCS and why your company can have Hawaiian Shirt Fridays or costume runs on Halloween.

There is a saying they teach in BLC that goes you can add to but never take away. That is incorrect. The Army provides left and right limits for Commanders but they must stay within those parameters. Attempting to force Soldiers to take a vaccine the Army has not mandated would only end with the Commander looking foolish because the Soldier can't be punished. It's more along the lines of a situation where a Commanders says the minimum APFT is 210, they can't actually flag or punish the Soldier for failing to achieve that
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SFC Communications Chief (S6)
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And if any adverse reactions to tge vaccine, the commander who made it mandatory would assume all responsibility
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SGT Suraj Dave
SGT Suraj Dave
4 y
I think my uniform example was applicable. Im using an example of the word "optional" in a regulation that then became mandatory. I was told something that day that I still remember "When the Army says optional, that means it is the commanders choice" . From my understanding, a commander can make anything that is "optional" mandatory. My first unit, FRG meetings were optional. I wasnt married and I didnt have kids so I didnt go. It was that easy. Second unit, they were mandatory. Didnt matter that I was a single soldier, I was forced to be there.

Yes, a commander forcing vaccination is foolish, but the question is can they still legally do it? From my experience, regulations are suggestions. At the end of the day, the commander can bend any regulation as long as it isnt for personal profit, sex or any other "diabolical" type of gain. As was mentioned below, there are already reports of commanders making it mandatory.

There is also the informal reappraisals. For example, you cant be forced to buy a ticket to the ball but if you dont buy a ticket to the ball you have to work at the ball. Or I remember this time a kid in my unit wouldnt but a company or battalion T shirt for whatever reason, so he found himself doing post police on the weekends until he bought the shirt. Thats another story after all.

What it comes down to is, can the commander still force soldiers to take this vaccine? Is that legally within their power since they can force soldiers do to plenty of other things which are supposed to be "optional"?
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SFC Retention Operations Nco
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SGT Suraj Dave I think I very clearly explained why a commander cannot force a Soldier to take it, and explained why optional does not = commanders choice. Your comparison of uniforms doesn't apply because this is a matter of what Commanders are allowed to do. Uniforms changes and wear are at the Commanders discretion, it says it right there in the uniform regulation. The approval authority for uniforms is the Commander. The approval authority for changes to this particular vaccine program is well above Army and even DOD authority.

You don't have to agree with me, this isn't politics or a debate. The facts are clearly laid out in policy and law. It is called "Informed Consent" and no agency may give experimental drugs to people without receiving informed consent. There are very few times that can be waived. Treating an injured and unconscious Soldier with a possibly life saving drug in the middle of a combat zone is an example of a waiverable condition. A lowly company/battalion/brigade Commander wanting their people vaccinated is not an example. The Commander does not have the authority to overrule the law.

In order of hierarchy, Congress passes laws. Those set the bare minimums, and left and right limits for the DOD. The DOD creates regulations within those parameters. Each service sets its regulations and policies within those DOD parameters. The Army tells the MACOM who tells the Corps, who tells the Division, who creates policies for the Brigade, who sets policy for the Battalion, who sets policy for the Company - who is the lowest level Commander. At no point can the Brigade commander just ignore their parameters and decide they want to go off the Navy policies instead, or just decide to disregard the law.
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SFC Steven Borders
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As of right now with the Reserves it is optional because it is not approved by the FDA yet. According to our BDE commander. So until it is has been approved by the FDA they cannot make you take the vaccine. At least to my knowledge but I am not JAG and I am only making an educated guess.
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