Posted on Nov 23, 2021
SPC MLRS/HIMARS Crewmember
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For people subjected to weekly Covid-19 testing for being unvaccinated. Is it legally right due to the fact of being able to deny aid/treatment? Any knowledge on this subject would be greatly appreciated.
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Responses: 26
SFC Retention Operations Nco
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The order to test came from the Secretary of Defense and the Secretary of the Army at the Pentagon. Why would you think this hasn't already been reviewed by a room full of lawyers before the order was published?

By the time an order coming from the Pentagon is published, a small army of lawyers have conducted a legal review on the order and the second and third tier effects. If it doesn't pass the legal review it doesn't get published
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SPC MLRS/HIMARS Crewmember
SPC (Join to see)
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I'm just curious. Its more or less for others than myself. I also like to just be informed. I man once said "If you don't question everything, you won't know anything."
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SGM G3 Sergeant Major
SGM (Join to see)
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SPC (Join to see) - If you do question everything, you won't have time to do anything.

"Is it legal...?" is one of the top five questions on RP.
And almost all of them boil down to someone wondering if "not convenient" or "not preferred" equates to "illegal".
Like SFC (Join to see) said, if the SECDEF or SECARMY signed it, a whole conference room full of lawyers, from real law schools not the Barracks College of Law, reviewed it, and it's legal.
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SSG Bill McCoy
SSG Bill McCoy
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LCpl Benji Smith - I agree ... many fools all through D.C. including the Pentagao. Nevertheless, it's still a lawful order @ SPC (Join to see).
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CW2 Amd Tech
CW2 (Join to see)
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That's a straight up lie, if you think that's true you still believe in the the tooth fairy.
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SGT Air Defense Radar Repairer
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If you have been ordered to be tested youvwill get tested. Thats a fact of military life. And if they want you tested every single day you will get tested every single day. If you don't like it fine. McDonalds is hiring.
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SPC MLRS/HIMARS Crewmember
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SSG (Join to see) I highly doubt the image you think of close to the "type of soldier I am". I have busted my ass for my battery and I still do even with being discharged. I'm still a one of the top performers in my battery. Just because I pointed out a childish remark from a NCO doesn't make me a bad soldier. I can promise you that you're reading from the wrong book. When I have SSGs coming to me for help because they don't know something about their job or vehicle, I think I'm doing pretty good.
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SSG Intelligence Analyst
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SPC (Join to see) - I could care less about what you think. When you believe that you are right and NCO's are childish, you are the one causing the issues. You made a comment that questions another NCOs ability, that instantly make myself and other NCOs question your ability.
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SGT Air Defense Radar Repairer
SGT (Join to see)
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LCpl Benji Smith Remember that Oath you took. You swore to follow the orders of the President of the US and the officers appointed over you. So that means if your cmdr says off you go to the clinic for a shot then off you go to get your shot. Refuse the order then suffer the consequences of disobeying an order. This is not an issue up for discussion. Ifcany member of the military can't fulfill the Oathbthey took then its time fir that person to hit the road.
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LTC John Wilson
LTC John Wilson
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Only if the order to test is LAWFUL.
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SGT Unit Supply Specialist
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SPC (Join to see) I think the military has answered your question if you're still in. IMO employers have the right to require either vacinne or testing at the frequencu they determine... however, you can always refuse both & find other employment. Maybe Capt Gregory Prickett can enlighten you more than I... he's an attorney and I'm not.
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SGT Unit Supply Specialist
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SPC MLRS/HIMARS Crewmember
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Capt Gregory Prickett good morning sir, could you point me in the direction where it says this? Thank you for taking time out and responding.
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Capt Gregory Prickett
Capt Gregory Prickett
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SPC (Join to see) - US Const, Art II, § 2, cl. 1.
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SPC MLRS/HIMARS Crewmember
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