SECDEF COVID REINSTATEMENT STRATEGY

Proposal for Implementation of "REINSTATING SERVICE MEMBERS DISCHARGED UNDER THE MILITARY’S COVID-19 VACCINATION MANDATE" Executive Order

Jan 21, 2025

Updated 19FEB25 to shift format to recommendations for DOD implementation of 27JAN25 Executive Order “REINSTATING SERVICE MEMBERS DISCHARGED UNDER THE MILITARY’S COVID-19 VACCINATION MANDATE” as well reflect continued input from the community and executives at STARRS.US.

Updated 27JAN25 reflecting feedback from the public and impacted service members. Since publishing this article, a complementary initiative was launched by Mr. Searcy and Mr. Cadet to collect information from service members adversely impacted by the mandate. For more on this see their website.

Over the past couple months I’ve had the honor of working with fellow military members and veterans impacted by the COVID-19 vaccine mandate on developing ideas for how to restore the trust lost by this policy. In light of President Trump’s Executive Order regarding reinstatement and backpay for individuals impacted by the mandate, we figured it would be helpful to provide proposed SECDEF guidance for implementation that accounts for nuance surrounding this issue that might be missed by those who didn’t live through it.

While you’re free to leave comments here, please direct feedback and media inquiries to usafjonsnow@gmail.com. Please bear in mind this simply a proposal and carries no direct or even implied endorsement from the President or Secretary of Defense. We’re just trying to help out by outlining what elements we believe are critical to include in order to meet the intent of restoring trust within the military so damaged by the military COVID-19 vaccine mandate. Without further adieu, an Executive Summary (EXSUM) of the proposal will precede the full proposal which you can skip to by clicking this link.

SECDEF COVID REINSTATEMENT STRATEGY EXSUM

To provide a lethal force, DoD needs to restore trust by understanding and addressing unlawful activity surrounding DoD’s tainted history with vaccine policy. The following, comprehensive strategy is intended to provide justice, reconciliation, and redemption surrounding the treatment of all affected service members subject to COVID-19 and Anthrax mandates, which will help restore the trust necessary to have a lethal force. This strategy involves the following phases: 1) Initiation, 2) Initial Contact & Data Gathering, 3) Dispositioning & Institutionalization, 4) Monitoring & Analysis, 5) Closeout. The strategy is estimated to take 3 years, with all major personnel actions occurring in the first year.

1) Establish Council of Military COVID and Anthrax Policies (COMCAP)

a. Establishment
b. Purposed to oversee Department implementation of this COVID REINSTATEMENT STRATEGY
c. COMCAP Leadership
d. Staffed by Affected Service Members
e. COMCAP personnel actions will be treated with highest priority
f. Reporting requirements
g. Advisory role
h. Conduct and review surveys
i. Funding
j. Termination

2) Establish dedicated Task Force with augmentees to rapidly process personnel actions through Service Board for Correction of Military/Naval Records and Service personnel functions

a. DOD initiated actions
b. Requests from Affected Service Members
c. Requests from Service Members and Dependents
d. Overseen by COMCAP

3) SECDEF apology on behalf of DOD to Total Force for COVID & Anthrax mandates and associated coercive measures to drive compliance

a. Full recognition of wrongs performed
b. Full acknowledgment of harms received
c. Offers for full & fitting remedy including incentives for retired & separated members to return to service in light of demonstrated proper loyalty to the Constitution.
d. Outline preventive measures

4) Preventive measures

a. Cessation of all military vaccine mandates & requirements and institutionalizing fully informed consent for all medical and research activities.
b. Constitution training
c. PACT ACT designations
d. Review of all IG, EO, Congressional Inquiry, & Title 10 Section 938 Complaints related to COVID, Anthrax, Vaccine mandates and associated policies and refer potential violations of law to proper authorities
e. DoD and Departments shall hold violators of law accountable

5) Departments shall support COMCAP and Task Force Data Collection & Analysis.

6) Lawsuit Settlements

7) Funding

8) Definitions

9) General Provisions

BACKGOUND:

SECDEF COVID REINSTATEMENT STRATEGY to Restore Trust in the United States Military through the Establishment of the President’s Council on Military COVID-19 and Anthrax Policies (COMCAP)

Restoring Trust in the United States Military is a necessity so that the great people of the United States of America can rest assured that this formidable force will only, and can only, be used to secure their blessings of liberty and provide for their common defense.

Both senior civilian and senior uniformed military leadership failed in their sacred duty to protect the rights of their members in the implementation of COVID-19 and Anthrax mandate policies.

The evidence of these violations is significant and has been confirmed by multiple federal court rulings. These findings are based upon judicial review of law and statute by the Supreme Court and Federal Court rulings in Seals v. Biden 578 F. Supp. 3d 822 (N.D. Tex. 2022), Doster v. Kendall 54 F.4th 398 (6th Cir. 2022), HARKINS et al v. USA No. 23-1238 (Court of Federal claims, 2025), Doe v. Rumsfeld 341 F. Supp. 2d 1 (D.D.C. 2004), and National Federation of Independent Business v. OSHA, 595 U.S. ___ (2022). Further evidence can be found in DoDIG 20220601/1440 report of systemic religious discrimination, House Report 106-556 in April 2000, and the documented evidence of affected service members harmed by unconstitutional actions through the COVID-19 and Anthrax mandate periods from 20 January 2021 to 20 January 2025 and 1 December 1997 to 1 February 2007, respectively.

During both the COVID-19 and anthrax mandates, the government failed to fulfill its duty to preserve citizen rights, in fact violating them. The government maladministered its duty to provide fully informed consent per Title 10 section 1107 and the Belmont Report codified in Title 45 Part 46 of the Code of Federal Regulations. The government also failed to provide approved drugs per Federal Register, Vol. 70, No. 21, on February 2, 2005, page 5452. That precedent guaranteed "no penalty" or separation for refusing an Emergency Use Authorization (EUA) unapproved medical product per the law. All shots administered and available during the COVID-19 and Anthrax vaccine mandate periods were either investigational new drugs (IND) or were only authorized for emergency use as EUA, meaning military members were illegally ordered to take these vaccines to fulfill the mandate. The COVID-19 vaccine authorization was premised on fraud as alternative treatments were available. Despite the Food and Drug Administration approving a licensure agreement for a day (August 23, 2021), the vaccine manufacturer noted in the license that the licensed product would not be produced. Due to blatant legal insufficiency, on September 14, 2021 the Assistant Secretary of Defense Health Affairs, Dr. Terry Adirim, unlawfully directed health providers to “use doses distributed under EUA to administer the vaccine series as if the products were the licensed vaccine” despite lacking authority for such direction. This directive violated 10 U.S.C. 1107a and conflicted with Secretary Austin’s August 24, 2021 vaccine order mandating only the licensed product.

No military official as a trustee and servant of The People has authority to violate the God-given, individual rights of service members. Service members do not lose their rights when they join. Service member rights to exercise their religion, to petition the government for redress, and to be secure in their persons are protected by this government purposed for doing so and the officials sworn to such duty. Never again shall service members be medically experimented upon without fully informed consent.

The affected service members who fulfilled their Oath to the Constitution by refusing these unlawful orders, at existential professional risk, are the most honorable and distinguished among us. Their principled stand, on par with other acts of valor, demonstrated superior discernment, courage, honor, and integrity.

A comprehensive strategy manifesting in future executive orders, SECDEF directives, or other policy guidance is necessary to prevent future violations of rights, ensure fulfillment of duties, and provide justice, reconciliation, and full and fitting remedy for those affected.

SECDEF COVID REINSTATEMENT STRATEGY FULL PROPOSAL

To provide a lethal force, DoD needs to restore trust by understanding and addressing unlawful activity surrounding DoD’s history with vaccine policy. The following, comprehensive strategy is intended to provide justice, reconciliation, and redemption surrounding the treatment of all affected service members subject to COVID-19 and Anthrax mandates, which will help restore the trust necessary to have a lethal force. This strategy involves the following phases: 1) Initiation, 2) Initial Contact & Data Gathering, 3) Dispositioning & Institutionalization, 4) Monitoring & Analysis, 5) Closeout. The strategy is estimated to take 3 years, with all major personnel actions occurring in the first year.

1) Establish Council of Military COVID and Anthrax Policies (COMCAP)

a. The Secretary of Defense establishes a commission, hereafter referred to as the Commission on Military COVID-19 and Anthrax Policies (“COMCAP”), to deliver full and fitting remedy to all affected service members and dependents, understand the full impacts of Anthrax and COVID mandates on force readiness, and restore trust in the military by facilitating accountability and justice.
b. COMCAP shall oversee DoD implementation of this COVID REINSTATEMENT STRATEGY, including making Task Force personnel decisions and deciding upon Task Force recommendations. With concurrence of the military departments, COMCAP shall have full authority to correct military records, return to service, assign, change duty stations, promote, task, award and decorate, recommend for commission, discipline, and direct other personnel actions to fulfill the purposes of this order. These authorities include and exceed those of Service Board for Correction of Military/Naval Records. Should Services not concur with COMCAP’s exercise of authority, the Service Secretary or the Secretary of Defense will resolve. The unprecedented harm caused by these policies warrant unprecedented authority to correct. COMCAP shall:
i. Review records of all members who submitted an exemption or accommodation request for COVID-19-related orders and policies including shots, testing, masking, and assignments, or who otherwise have derogatory information in their record from non-compliance with orders and policies of the same. Records review extends to Anthrax exemption or accommodation requests during the mandates. Records review will note deviations in career progression correlating with requests for exemption or accommodation or refusal to follow unlawful orders.
ii. Contact surviving family of all service members who died during the COVID-19 and Anthrax mandates to understand the role unlawful mandates and associated policies had in force readiness and morale and provide remediation.
iii. coordinate, validate, and report on Department of Defense’s delivery of remedy to affected service members.
iv. review Department of Defense compliance with this Strategy.
v. conduct and review surveys of service members, veterans, and dependents.
c. COMCAP shall be led by a Chair, Vice Chair and Executive Director reporting directly to the SECDEF, designated by the SECDEF from among its members. An Executive Director shall coordinate the work of COMCAP. The Chair and Vice Chair shall work with the Executive Director to convene regular meetings of COMCAP, determine its agenda, and direct its work, consistent with this order.
d. COMCAP shall be staffed by Affected Service Members. COMCAP shall be composed of not more than 30 members, who shall be appointed by the SECDEF. Members shall serve for a term of three (3) years and shall not be removed except for inefficiency, neglect of duty, or malfeasance. COMCAP may include individuals from outside the Federal Government with relevant experience or subject-matter expertise. Members of COMCAP shall be given the option to re-enter military service and serve in a military grade two (2) higher than which they separated as active duty accruing back-pay, time in grade, and time in service from the date of their separation or retirement; or may serve without compensation, but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707). COMCAP shall include members that were harmed by the mandates and may also include the following ex-officio members or such officials as those members may designate:
i. the Secretary of Air Force;
ii. the Secretary of Army;
iii. the Secretary of Navy;
iv. the Secretary of Veteran Affairs;
v. the Secretary of Homeland Security; and
vi. the Assistant to the President for Domestic Policy.
e. COMCAP personnel actions will be treated with highest priority with goal of dispositioning in one year:
i. the 95,000 servicemembers separated or retired from service from Jan 2021 to Dec 2024 according to DMDC website.
ii. all new accessions denied, pushed, or deterred from service
iii. all Affected Service Members from Anthrax mandates
iv. all current serving servicemembers who sought exemption or accommodation from a vaccine requirement
v. all current service members punished for interceding to stop or mitigate unlawful orders and activities
vi. all heavily impacted dependents such as parents of servicemembers who may have died from vaccine injury.
f. Produce reports for the Secretary of Defense, including:
i. An annual, publicly releasable report of actions taken by the COMCAP to fulfill its objectives and assessment of DoD fulfillment of this order. Each such report shall identify the specific records corrected until conclusion of this COMCAP;
ii. A report, in coordination with Department Health and Human Services, on the efficacy of DoD’s Armed Forces Health Surveillance Division, their utilization of the Defense Medical Surveillance System and the Defense Medical Epidemiology Database, through the COVID mandate.
iii. A qualitative and quantitative analysis exploring the total life cycle costs, benefits, and risks of DOD’s 100% forced immunization policy for all shots as experienced in COVID compared to a consent-based, non-mandatory vaccination policy. Examine impacts of COVID mandate and associated coercive measures on military readiness, unit cohesion, good order, discipline, health or safety including recruitment and retention impacts. Analyze how mandates holistically impacted readiness including all-cause mortality, impacts of disability over time, suicide and moral injury indicators, and public health data on operational readiness impacts of vaccination from surveys, public, and DoD systems of record.
iv. A report on the failure of controls to stop the emergent pattern of unlawful experimentation on servicemembers from Anthrax to COVID. Examine officership and professional military education, the role of legal, religious, and medical functions and ethics, and the role of means of redress including Inspector General, Equal Opportunity, Congressional inquiry, public domain, and the Chain of Command under UCMJ.
v. A report on the cost savings and benefits of these reinstatement measures.
g. Advise and offer recommendations to the SECDEF on policy, messaging, and personnel pursuant to the purposes of this order; and advise executive departments and agencies with regard to their efforts to enhance trust and confidence in military leadership in the aftermath of COVID-19 and Anthrax policies. COMCAP shall advise and coordinate on legal settlements involving COVID and anthrax policy. COMCAP shall recommend laws, policies, and activities that will prevent such violations of human rights, our laws, and risk to force in the future.
h. Conduct and review surveys of service members, veterans, and dependents.
i. The DoD shall provide funding and administrative support for COMCAP, to the extent permitted by law and subject to the availability of appropriations.
j. COMCAP shall terminate three years from the date of this order, unless extended or shortened by the SECDEF.

2) SECDEF directs Department of the Air Force, Department of the Army, and Department of the Navy (Services) boards of military corrections to partner and support COMCAP, to include utilizing existing policies and procedures when beneficial to expedite remedy for affected service members. Further, SECDEF establishes a dedicated Task Force with augmentees of 30 persons to support the COMCAP to rapidly process personnel actions through Service Board for Correction of Military/Naval Records and Service personnel functions.

a. DoD Initiated Actions:
i. Services shall specify expedited procedures to act upon COMCAP’s and Task Force recommendations and direction.
ii. Services shall, without necessity of application from the affected service member, or representatives of former affected service members, administratively and retroactively correct the personnel records for all adversely affected current and former service members.
iii. Services shall perform the duty codified in 10 USC 1178 for the DoD to track refusals and separations as a result of the Anthrax vaccine mandates. The DoD never complied with this 2001 NDAA law regarding the Anthrax vaccine mandate. DoD will dutifully do so for both Anthrax and COVID-era harmed service members, so those members do not have to individually apply for redress, since it was the DoD's burden having violated the constitution and statutes with both mandates. DoD will report auditable accomplishment of this order to COMCAP.
iv. Services shall maximize the number of affected service members who return to service and ensure goodwill with those who do not. Services shall also:
1. Obtain hold harmless agreements from Affected Service Members concerning potential violations of law by DoD.
2. Secure Service Commitments of service members who return a minimum of 2 years.
v. Within 15 days of the date of this order, the Services shall compile and provide to COMCAP a comprehensive list of all service members with current contact information who:
1. applied for COVID or Anthrax vaccination mandate accommodation or exemption. These are Affected Service Members.
2. were separated, transferred to reserve components, retired early, punitively discharged, forced or induced to exit service, blocked from reenlistment, had a significant shift in career trajectory, or were otherwise adversely impacted in their career coincident with non-compliance with the unlawful COVID-19 and Anthrax mandate and associated policies. These are Affected Service Members.
3. separated from service from 20 Jan 2021 to 19 Jan 2025, including those who died. These may be Affected Service Members.
vi. Rapidly, without application of members, adjudicate, determine, order, coordinate with COMCAP, and implement appropriate remedies for Affected Service Members. Remedies shall include:
1. waiver and remission of all indebtedness in restoration of backpay including all allowances, bonuses, civilian pay earned, and disability collected, with waiver of DoD 7000.14-R Volume 7A, Chapter 1, 3.1.6. requirement to compute earned civilian and disability pay being deducted from backpay in the interest of the government.
2. restoration of lost service days and points counted for retirement for up to six years following date of discharge, separation, or retirement or date when remedial action occurs, whichever is less;
3. restoration of service credit and time-in-grade for up to six years following issuance of the Anthrax vaccine mandate on 1 December 1997 and the COVID-19 mandate on 24 August 2021 to date of discharge, separation, or retirement or date when remedial action occurs, whichever is less;
4. reinstatement of rank and lost time towards promotion and retirement seniority;
5. promotion up to two grades, with concurrence from Congress when required and specification of Date of Rank(s) to align atop their peer group;
6. return to service;
7. expedited pathways to enlistment or commissioning pipelines including, resumption or initiation of initial military training including basic military training, appointment to service academy, or award of ROTC scholarship and upon enlistment or commissioning, expedited opportunities to make competitive with peers;
8. resumption or initiation of advanced training or professional development;
9. direction of assignment when qualified to include into Command billets;
10. alteration of discharge characterization;
11. award of involuntary separation pay;
12. award of bonus and bonus recoupment;
13. award and transfer of GI bill benefits, to include repayment of costs incurred (if applicable);
14. expungement of adverse actions from records;
15. obtainment or waiver of service commitments;
16. enablement early retirement;
17. reimbursement for medical care costs incurred due to the loss of service provided medical care;
18. reimbursement for the cost of life insurance purchased when service provided insurance was lost;
19. granting of service-connected disability for those who passed away while waiting for their VA benefits;
20. reward of SGLI benefits to the families whose affected service member passed away due to service-connected issues after being unlawfully discharged;
21. restoration of pilot and crew flight status;
22. granting of permanent, irrevocable religious accommodations and medical exemptions;
23. granting of disability to those medically discharged due to harm from the COVID-19 vaccine;
24. provision of disability evaluation to those harmed by the COVID-19 vaccine;
25. obtainment of hold harmless and indemnity agreements from affected service members;
26. order, funding, and restitution for any move or Permanent Change of Station or claim predicated upon COVID-19 related policies;
27. restitution for claims of affected service members, spouses, and dependents driven by COVID-19 related policies;
28. and transfer affected service members who wish to continue serving in a different branch of service; or reserve, active, or guard duty status.
vii. unconditionally upgrade discharge characterizations of affected service members to fully honorable when such discharges are reasonably attributed to non-compliance with unlawful orders; expunge with affected service member consent any adverse administrative action for infractions reasonably related to COVID-19 mandate and associated policy non-compliance; reinstate previously earned Veteran Administration GI Bill educational benefits including transferability to affected service members or their dependents with back-time; issue good conduct metals in accordance with Anthrax mandate precedent corrections cases; offer reinstatement; grant constructive credits for all missed service for discharged affected service members; for all currently serving members that lost creditable service, offer special selection boards for all missed promotions as if they never left service and hit all professional milestones; and allocate retroactive pay, bonuses, and allowances for any affected service member that returns to duty.
viii. in the case of reinstatements, Services shall make recommendations to temporarily suspend up to five years the upper statutory end strength caps placed to comply with statutory end strength requirements.
ix. ensure that acceptable duties are offered to reinstated affected service members and shall be at the sole discretion of the affected service member to voluntarily change duties in the event a career path is fully staffed.
x. incentivize reinstatement of affected service members who were voluntarily or involuntarily separated and are directed to offer the maximum allowable bonuses, where possible preferential assignments, and immediate access to career development opportunities to repair careers.
xi. support affected service members who wish to continue serving in a different service branch by enabling them to apply for transfer in conjunction with their reinstatement request. Service Components shall expedite requests on a case-by- case basis and shall generally approve the request if the affected service member is qualified in accordance with service policy. Similarly, if an affected service member requests to transfer components into the Reserve or Active Component of their respective service, Service Components shall expedite requests on a case by case basis and shall generally approve the request if the service member is qualified in accordance with service policy.
xii. notify all affected current and former service members of this order causing updates to personnel records and reissue updated discharge documentation with restoration of de novo rights and privileges pertaining to the unconditional fully honorable upgrade to characterizations of service for any and all former affected service.
xiii. report all personnel actions to COMCAP for review.
xiv. in all cases, affected service members who are separated from service shall be offered to return to active, reserve, guard duty in any desired service and any specialty in which they fulfill requirements.
xv. in cases of Active Duty personnel and Full Time Support personnel of the Reserve and National Guard Components with less than 15 years of active service by date of this executive order, with service time reconstructed who were separated and do not choose to return to service; they shall be entitled to full separations pay and be transferred to the Standby Reserve of their respective service and maintained on an Inactive Status List until such time as they may be reinstated or removed in accordance with the statutes governing that strength category.
xvi. in cases of Reserve Component and National Guard personnel who were separated with less than fifteen satisfactory years of service by date of this executive order with service time reconstructed who were separated and do not choose to return to service, allow voluntarily transfer to the Standby Reserve of their respective service and be maintained on an Inactive Status List until such time as they choose to be reinstated or removed in accordance with the statutes governing that strength category.
xvii. in cases of Officers and Enlisted personnel in the Reserve Component and National Guard who choose to not return to service and have completed more than 15 years but less than 20 Satisfactory years of service by signing of this executive order with service time reconstructed, allow voluntarily transfer to the Standby Reserve of their respective service and be maintained on the Active Status List until such time as they may be reinstated or complete the requisite requirements for purposes of submitting for Reserve Retirement in accordance with the statutes governing that strength category.
xviii. in cases of Officers and Enlisted personnel who were separated and have completed more than 15 years but less than 20 years of active duty service by date of this executive order with service time reconstructed, authorize early retirement as authorized by Section 508 of Public Law 114-328, the National Defense Authorization Act for Fiscal Year 2017.
xix. in cases of Officers and Enlisted personnel who completed 20 or more years of active duty service and were induced to retire early, recalculate retirement years in accordance with service reconstruction as authorized herein and by applicable service policy.
b. Requests from Affected Service Members
i. If Task Force fails to proactively address Affected Service Member barriers to returning to service or settlement, then Affected Service Members may at anytime petition COMCAP for redress. All requests go concurrently to COMCAP and Task Force.
c. Requests from Service Members and Dependents
i. Task Force will review petitions from service members or aspiring service members seeking to become Affected Service Members.
d. Overseen by COMCAP
i. Task Force shall provide COMCAP complete access to all information, as allowed by law, and as necessary for complete insight into Task Force task management tools, personnel record systems, means for mass communication with all service members and veterans processes, decision making, management, and results.
ii. COMCAP will approve all Task Force staffing decisions

3) SECDEF apology on behalf of DoD to Total Force for COVID & Anthrax mandates and associated coercive measures to drive compliance. The intent of the apology is to make right and be worthy so servicemembers and family want to return to service now and for future generations.

a. Full recognition of wrongs performed.
i. Within 30 days of the date of this order, the Secretary of Defense on behalf of his respective office, shall issue a written apology to all employees and service members for the following transgressions:
ii. Implementing the COVID-19 vaccine in an unlawful manner by denying service members fully informed consent
iii. censoring the 1st amendment rights if service members who expressed alternate opinions than those of senior leadership, the DoD, and the U.S. Government
iv. unlawfully denying religious accommodations requests
v. ignoring natural immunity
vi. unlawfully mandating masking, and testing
vii. retribution against whistleblowers
viii. ignoring and retaliating against those seeking redress
ix. failing to properly fulfill FOIA and Privacy Act requests
x. implementing systemic religious discrimination
xi. the failure of Departmental systems for redress including Equal Opportunity, Inspector General, Congressional inquiry responses, and complaints pursuant to Title 10 Section 938.
b. Full acknowledgment of harms received
i. Professional, financial, family, social, mental and physical injury, to tradition, and reputation
c. Offers for full & fitting remedy including incentives for retired & separated members to return to service in light of demonstrated proper loyalty to the Constitution.
d. Outline preventive measures: Cessation of all military vaccine mandates & requirements and institutionalizing fully informed consent for all medical and research activities; Constitution training; PACT ACT designations; Review of all IG, EO, Congressional Inquiry, & Title 10 Section 938 Complaints related to COVID, Anthrax, Vaccine mandates and associated policies and refer potential violations of law to proper authorities; DoD and Departments shall hold violators of law accountable

4) Preventive Measures

a. DoD’s shall cease and desist all military vaccine mandates & requirements and institutionalize fully informed consent for all medical and research activities.
i. Within 60 days of the date of this order, DoD shall revise its respective policies and directives to fulfill the government’s duty to keep service members, veterans, and their dependents secure in their persons, aware of DoD’s duty to provide fully informed consent, and their rights to refuse medical and research activities.
ii. DoD shall review all rules, regulations, policies, guidelines, orders, directives, and instructions and eliminate any that violate God-given rights. “Where rights secured by the constitution are involved, there can be no rulemaking or legislation which would abrogate them” (Miranda v Arizona, 1966).
iii. The military does not and shall not have any authority to mandate or coerce, directly or indirectly, any medical product, test, countermeasure, treatment or research.
iv. The administration of all medical product, test, countermeasure, treatment and research conducted by the military shall strictly adhere to the principles of fully informed consent as detailed in the Belmont Report. Fully informed consent requires a circumstance devoid of coercion or incentive and full disclosure of available information. Similar to how Miranda Rights are provided prior to arrest of suspects in criminal justice, DoD will ensure service members are informed of their right to refuse medical services, without professional or other consequence, unless the President waives such responsibility to inform a service member of their rights per Title 10 section 1107a. The U.S. Government has no authority to impose upon one of The People’s right to refuse a medical treatment, nor to levy consequence upon Americans (including service members) for refusal of medical treatment. The military shall provide fully informed consent for all pursuant to 45 CFR 46, 10 USC 1107 and 10 USC 1107a, meaning the military shall provide service members full information concerning the medical product, test, countermeasure, treatment or research and that there shall be no professional consequence or incentive upon a servicemember whom chooses to exercise their right to refuse.
v. The military shall a) protect and enhance servicemember health, wellness, and capability, b) provide medical products, tests, countermeasures, and treatments sufficient to protect and support servicemembers in the fulfillment of their duties, c) make these medical products, tests, countermeasures and treatments available in a timely, relevant, and beneficial manner.
vi. Having received the option to use available medical products, tests, countermeasures, and treatments, individual service members inherently bear the personal risk for their decisions and have no duty to others for accepting that personal risk.
vii. DoD shall update all policies and directives to eliminate all mandates and incentives associated with medical products, tests, treatments, countermeasures, and research.
viii. DoD shall specify that it is policy to comply with the recommendations of the Belmont Report for the establishment of fully informed consent in the administration of all medical care.
ix. Departments’ medical care, research, and public health policies shall only recommend, never order, medical treatments, tests, and countermeasures.
x. There shall be no negative or positive consequence imposed by DoD for compliance with, or refusal of, medical recommendations. Any form of coercion against service members regarding medical matters shall be strictly prohibited and the perpetrators shall be immediately terminated for a breach of public trust and a violation of their Oath of Office.
xi. DoD shall ensure commanders are aware they have no authority to issue any order regarding medical treatments, tests, or countermeasures. Commanders may only make recommendations, referrals, and provide information concerning medical matters. They must create a command environment consistent with fully informed consent ethics. Commanders may not issue military orders for medical purposes, such as medical treatments, medical tests, or medical countermeasures. Commanders retain authority to issue orders concerning mission accomplishment, unit cohesion, good order and discipline, mission readiness, and public health related to sanitation that do not violate individual rights. Orders concerning health must be limited to diet, fitness, protection against adversary actions, sanitation, or operational risk and safety, and always with fully informed consent, which includes the right to refuse without professional consequence. Orders for mission accomplishment that involve personal risk to service members caused by enemy action are authorized, as such orders are not issued for health purposes.
xii. DoD shall specify severe punishments of persons who fail in their duties to protect the rights of service members, the sacred duty of all service members.
xiii. DoD shall provide the public a report of how it will prevent experimentation upon service members and secure their rights of fully informed consent, specifying where current and new policies provide sufficient guidance and mechanisms to fulfill the intent of this order.
b. Constitution Training: DoD shall institute training on the Constitution and their duties to support and defend it as servicemembers. Further,
i. DoD shall institute auditable annual training in constitutional law to all legal representatives and their staff based solely on the Supreme Court’s two prong test (text and history) and will ensure all future rules, regulations, policies, guidelines, orders, directives, and instructions do not violate service members God-given, inalienable, constitutionally guaranteed rights as enumerated in the 51 constitutions.
ii. DoD shall review all orders, policies, directives, at all levels that implemented the COVID-19 mandate and Public Health Guidance, and identify all individuals who recommended approval, approved, or otherwise impacted those unconstitutional orders, policies, or directives; and administer letters of reprimand and provide remedial training on protecting individual rights.
iii. DoD shall institute auditable annual training of medical providers, supervisors, and service members of their duties and rights in the administration and receipt of medical care.
1. Training shall cover:
2. that service members never lose their rights when they join;
3. that among those rights is the right to be secure in their person and refuse any medical treatment;
4. that the government has a duty to provide fully informed consent for all medical treatments;
5. history of Tuskegee experiments, Hitler’s experimentation on prisoners, the Belmont report, and the proper role of leadership through pandemics and biologic attacks;
6. that protecting rights is how they support and defend the Constitution and their duty as sworn in their Oath of Office or Oath of Enlistment;
7. that every person must "be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him or her to make an understanding and enlightened [medical] decision.”
8. that God-given, inalienable, constitutional rights are guaranteed in their respective state constitutions, and that these rights are reserved outside the authority of government as seen in many state constitutions such as the Texas Constitution Article I Section 29 – “To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.”
c. PACT ACT Designation: DoD shall coordinate with Congress to obtain legislation that stipulates Anthrax and COVID-19 vaccinations are part of the PACT Act for presumptive disability determinations. The DoD shall encourage Department of Veteran Affairs (DVA), in coordination with the DoD, to take immediate action to ensure that adverse health effects resulting from the administration of the COVID-19 and Anthrax vaccines are recognized as qualifying conditions under the Toxic Exposure Risk Activity (TERA) framework within the PACT Act. This includes issuing formal guidance, when in compliance with law, to amend current policy, acknowledging vaccine, biologics, and countermeasure-related injuries as presumptive service-connected disabilities for compensation and care. The DVA shall cease reliance on its demonstrably false assertion that vaccines do not constitute toxic exposure and, within 90 days, provide a revised classification reflecting the scientific and medical evidence of harm. Additionally, the Secretary of Defense shall ensure compliance with DoD regulatory obligations to prevent service members from exposure to harmful and toxic substances, including those administered under emergency use or mandatory immunization policies. Failure to implement these measures will be considered a dereliction of duty, subject to appropriate administrative and legal consequences.
d. COMCAP shall review Department of Defense handling of complaints including Inspector General, Equal Opportunity, Congressional Inquiry and complaints pursuant to Title 10 section 938 filed by those seeking exemption, accommodation, or redress for policies surrounding COVID-19 or Anthrax or reporting discrimination, fraud, waste, or abuse.
i. COMCAP shall receive for review all complaints and related correspondence filed by those affected by COVID-19 and Anthrax mandates from Departments. COMCAP may request service members, veterans, and dependents voluntarily provide complaints directly to it.
ii. COMCAP shall obtain and review unredacted correspondence of leadership, staff, and service member in the processing of complaints
iii. COMCAP shall identify instances where officials exceeded their authority, violated service member rights, misled congress, retaliated against those seeking redress, engaged or concealed in discrimination, fraud, waste, and abuse or other illegal behavior.
iv. COMCAP shall identify complaints that were not properly or fairly adjudicated, resolved, or dispositioned.
v. COMCAP shall make criminal and legal referrals as required by duty and law.
vi. COMCAP shall include findings from this review in its annual report.
vii. COMCAP shall obtain and review unredacted correspondence of Department leadership and staff in devising and implementing COVID-19 related policy including all mandate and Public Health Guidance.
e. DoD and Departments shall hold violators of law accountable.

5) Departments shall support COMCAP and Task Force Data Collection & Analysis.

a. DoD shall issue a preservation of records notice for all personnel regarding COVID-19 related policies, personnel actions, and complaints.
b. Departments shall support COMCAP surveys of service members and veterans and determinations of Affected Service Members & Dependents
c. Departments shall make all command climate survey results from 2021 through 2025 available to COMCAP.
d. COMCAP shall request from Veteran Affairs provide a list and contact information of all service members who were discharged, separated, or retired from service in the last four years.
e. Audit IG, EO, Congressional Inquiry, & Title 10 Section 938 complaints related to COVID mandate and associated policies

6) Policy & Law Recommendations, Lawsuit Mitigation, & Service Commitment

a. Within 365 days the DoD and Services, in coordination with United States Attorney General (AG) as necessary, shall settle cases relating to affected service member grievances on terms that comply with federal law and consistent with the intent dictated in this order. COMCAP shall advise and coordinate on such settlements. The AG shall incorporate COMCAP and Department remedies with affected service members into settlements to minimize litigation. Service members who are party to closed and settled cases, who paid legal costs out of pocket in pursuit of justice surrounding these unlawful mandates, may petition DoD or Services for attorney expenses. DoD or Services will consider these petitions favorably and pay fees adjusted for inflation. Further, DoD will seek damages from officials who committed unofficial acts under color of DoD authority.

7) The Secretary of Defense, in consultation with the heads of such agencies as the Secretary deems appropriate, shall identify funding requirements to support the efforts described in this order and incorporate such requirements into its annual budget submissions to the Office of Management and Budget.

8) Definitions:

a. The term “affected service members” means those service members, or their dependents if deceased, harmed by unconstitutional and unlawful actions through the COVID-19 and Anthrax mandate periods from 20 January 2021 to 19 January 2025 and 1 December 1997 to 1 February 2007, respectively. This includes all service members who experienced negative career and personal impacts from non-compliance with the unlawful Anthrax and COVID-related policies. It includes service members who applied for accommodation or exemption from any Force Health Protection policy or vaccine mandate, received discipline for non-compliance of Force Health Protection policy or mandate, or separated during those periods. It includes vaccine injured and those who manifested poor health after taking these shots.
b. The term “Service Board for Correction of Military/Naval Records (BCM/NR)” are boards and activities under Air Force Review Boards Agency (includes Space Force applicants), Army Review Boards Agency, Board for Correction of Naval Records (includes Marine Corps applicants), DHS Office of the General Counsel Board for Correction of Military Records.
c. The term “Investigational New Drugs” is a drug or biological drug that has not been approved for general use by the FDA. It is used in a clinical trial to investigate its safety and efficacy. The term also includes biological products that are used in vitro for diagnostic purposes.
d. The term “medical countermeasure (MCM)” is a product that can be used to treat, prevent, or diagnose conditions related to a public health emergency.
e. The term “medical matter” means information respecting the medical or psychiatric condition, including without limitation the physical and the mental condition, of a natural person or persons, however recorded, obtained, or communicated.
f. The term “[medical] test” is a procedure performed to determine a person's physical condition and general health. The purpose of a medical test is to diagnose, detect, or monitor diseases, disease processes, or susceptibility.
g. The term “medical treatment” means the management and care of a patient for the purpose of combating disease, injury, or disorder.
h. The phrase “COVID-related” and “policies surrounding the COVID-19 and Anthrax mandates” means Secretary of Defense orders for the military to receive vaccination, Force Health Protection Measures, Department level to unit- level policies and procedures derived from those mandates especially personnel policies and decisions such as the informal policies used to diminish service members who did not comply with the unlawful mandates.
i. The term “service member” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10.
j. The term “separated” means service-members who separated from service, were induced to exit service (or transfer to a reserve component, such as the IRR) under threat of adverse action, those prevented from continuing service (i.e. not approved for re-enlistment) due to non-compliance with unlawful vaccine mandate, and those whose career trajectories shifted significantly coincident with vaccine mandates that resulted in separation or retirement.

9) General Provisions.

a. The Service Secretary may promulgate rules and regulations, and employ all powers granted to the SECDEF as may be necessary to carry out the purposes of this order. The Service Secretary may delegate any of these functions to other officers within their Service, consistent with applicable law and the intent of this order. All DoD is hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.
b. Nothing in this order shall be construed to impair or otherwise affect:
i. the authority granted by law to an executive department or agency, or the head thereof.
ii. the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
iii. This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
iv. Nothing in this order prohibits or otherwise restricts authorized intelligence, military, law enforcement, or other activities in furtherance of national security or public safety activities.
v. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

End Proposal

Again, if you’d like to provide feedback or have media inquiries please reach out to usafjonsnow@gmail.com where you can also request a pdf version of this proposal. Also, if you were adversely impacted by the mandate and you’d like to share your story, Mr. Searcy and Mr. Cadet have launched a website to consolidate these stories with the goal of bringing wider attention to them. If you’d like to follow this effort on X, Colonel (retired) JJ McAfee recently posted about this with links to the accounts of many of the contributors. Thank you for your time and interest in considering how President Trump’s commitment to reinstating service members discharged in conjunction with the mandate can be optimally directed towards restoring trust and readiness that has been so devastated by this misguided and counter-productive policy.