The unanimous decision by the Air National Guard board sets a precedent for future tests of the Pentagon’s teetering vaccine mandate.

Posted BY: Wyatt | NwoReport

In a unanimous decision similar to the Navy’s in the spring, an Air National Guard administrative separation board voted to retain a service member who refused to comply with the military’s COVID-19 vaccine mandate, while West Point found an unvaccinated cadet guilty of misconduct. 

On Wednesday, an Air National Guard administrative separation board voted 3-0 to retain Technical Sergeant (TSgt) Jacob Byers after finding he didn’t commit misconduct by refusing to follow an order to take the COVID vaccine. 

The Air National Guard administrative separation board determines whether to retain or separate a service member. 

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The board found that the vaccine order was unlawful for the same reason as did the Navy administrative separation board, namely that the mandate was for the experimental COVID vaccines approved under FDA emergency use authorization (EUA). The military has not made fully FDA-approved versions of the vaccines available to military members. The Coast Guard, however, has claimed that it has the Pfizer Comirnaty vaccine, which is fully approved by the FDA. 

During the board hearing, which went from Monday through Wednesday, Byers’ military attorney presented a whistleblower report sent to Congress regarding the Comirnaty vaccine. 

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