Is it legal for the military to require weekly Covid-19 testing for unvaccinated?

2021-11-23T22:04:54-05:00

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.

Response by Sgt Private RallyPoint Member made Nov 23 at 2021 10:11 PM

2021-11-23T22:11:27-05:00

The military has to maintain readiness by making sure that the Virus does not play havoc with our military readiness. Are you saying that you refuse the vaccine but do not want to be weekly tested? What do you mean when you say "Is it legally right due to the fact of being able to deny aid/treatment?"

Response by SGT Private RallyPoint Member made Nov 24 at 2021 1:56 AM

2021-11-24T01:56:21-05:00

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.

Response by SrA Ronald Moore made Nov 24 at 2021 5:26 AM

2021-11-24T05:26:52-05:00

Keep us posted cause for the life of me I can not understand why people would not want to be protected, First get a round of Zclinics to upgrade most of all that is going wrong in your bodies, like Those things which would have the Vaccine do it’s job to immunize you and cause problem for one after shot, like if you got problem like respiratory, fine tune your health and then go to the next level , And yes It’s more to it, I am praying about all this too.

Response by SrA John Monette made Nov 24 at 2021 6:29 AM

2021-11-24T06:29:08-05:00

If they want to, they can require daily testing. They could also probably make you pay for the testing.

Response by SSG Private RallyPoint Member made Nov 24 at 2021 9:34 AM

2021-11-24T09:34:42-05:00

Yes, until they process you out of the military come the deadline.

Response by SFC Private RallyPoint Member made Nov 24 at 2021 9:43 AM

2021-11-24T09:43:53-05:00

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

Response by SrA John Monette made Nov 24 at 2021 12:12 PM

2021-11-24T12:12:18-05:00

OH NO!!!!! Benji Smith blocked me!!!!! After he called me a name. Guess he was getting his panties in a bunch!!! SFC Kelly Fuerhoff SSG Private RallyPoint Member

Response by TSgt James Potter made Nov 24 at 2021 12:41 PM

2021-11-24T12:41:36-05:00

I retired in 2010. I did not know we had any say so on what shots we got. I was more worried about the Anthrax series of shots than I am about Covid-19 shots and booster.

Response by SFC Private RallyPoint Member made Nov 24 at 2021 5:28 PM

2021-11-24T17:28:54-05:00

Here’s the cool thing about orders. They’re presumed to be legal and have a military purpose. Its on you to prove they aren’t.

Since you tagged this as career advice, I’d advise if you want to have a career you comply with the lawful orders of the officers appointed over you.

Take the shot, take the test, or take a hike

Response by A1C Chris Pointer made Nov 24 at 2021 5:34 PM

2021-11-24T17:34:43-05:00

No. It's illegal and you're the first person to figure that out. You should be a JAG officer

Response by SPC John Donohue made Nov 24 at 2021 8:27 PM

2021-11-24T20:27:03-05:00

Yes under the Uniform Code I can see a valid argument that to be unvaccinated presents a risk to readiness and the ability to deploy. Health and welfare component and impact on deployment and impairing it are pretty clear.

Response by SSgt Christophe Murphy made Nov 24 at 2021 9:51 PM

2021-11-24T21:51:27-05:00

Yes, it is. It’s happening to federal employees across the board. All of them. Not just the Military.

Response by SMSgt Bob W. made Dec 6 at 2021 7:49 PM

2021-12-06T19:49:34-05:00

I'll give you the answer you want. NO. With that being said, my opinion isn't worth the time it took me to type this answer. WAKE UP AND SMELL THE ROSES. Get the shot.

Response by SPC John Donohue made Dec 7 at 2021 4:47 PM

2021-12-07T16:47:16-05:00

What do you mean deny aid or treatment.? If you health or condition presents operational risk to the unit you are fair game. Given said risk are you trying to say the order is illegal? Given policy out of the DOL on Government employees it isn't a winning position.

Response by CW3 Charles Morris made Dec 12 at 2021 10:43 AM

2021-12-12T10:43:40-05:00

This REALLY isn't about vaccinations or even testing, it's about the politicization of the Coronavirus pandemic.

If it were any of the other vaccinations you've received, you'd stand in line and be inoculated, but not with the Coronavirus. Ask yourself why? It's because the shot been turned into a political football.

For Christ sake, even among the biggest naysayers, former President Trump, has been vaccinated.

Response by Cpl Rosemarie SantaAnna made Dec 13 at 2021 12:49 AM

2021-12-13T00:49:49-05:00

Yes!… When I Sign up, YOU become the Government or Department Ownership of Self…

Response by GySgt Charles O'Connell made Dec 19 at 2021 5:46 AM

2021-12-19T05:46:54-05:00

A little clarity to your question please. Are you asking is it legal, or morally right? And are you saying that military medical centers deny aid or treatment, or that service members can refuse aid or treatment?

Bottom line, can this screening be a carried out? Yes.

Response by LTC John Wilson made Dec 28 at 2021 12:36 PM

2021-12-28T12:36:27-05:00

If the U.S. Military were honoring the Law as required by Title VIII of the 1964 Civil Rights Act, the Emergency Use Authorization Act, Amendments I, IV, V, and XIV of the U.S. Constitution, and the Nuremberg Codes of 1947 concerning Informed voluntary consent for participation in medical experiments -- all in accordance with Section 4, Paragraph b. of Executive Orders 14042, 14043, not to mention the SECDEF Memorandum dated 24 August 2021, then a weekly test MIGHT be a reasonable accommodation for those who would remain "unvaccinated."

However, since the Experimental mRNA Treatments do not achieve the desired effects of a "vaccine" according to the definition contained in DoDI 6205.02 (dated 23 July 2019), I.e. they do NOT prevent the "vaccinated" from infection from nor transmission of the COVID-19 virus and its varients, then the U.S. Military must test ALL Service Members weekly lest they violate equal protection under the law as required by Amendment XIV.

And to those who wish to point ot that the Pfizer "vaccine" is "licensed" and "approved" by the FDA in an effort to skirt the EUAA, I should remind you that the FDA "licensed" and "approved" Pfizer's "Comirnaty" only for use OUTSIDE the USA and it is NOT the same formulation Pfizer is using under the EUAA domestically. Also, neither Comirnaty nor the domestically "authorized" Pfizer mRNA Treatment have undergone the long-term clinic trials required by law and federal regulations that allow for the FDA to "license" and "approve" them domestically.

Response by PO2 Joseph Barnett made Dec 28 at 2021 9:24 PM

2021-12-28T21:24:21-05:00

Why would you not want to get it? Do it to help protect everyone else.

Response by Cpl Kathleen Phippard made Jan 11 at 2022 9:00 PM

2022-01-11T21:00:00-05:00

Yes it's legal. It's an order. You didn't get vaccinated and you're still in. Hmm

Response by SPC Steve Bryant made Jan 30 at 2022 11:55 PM

2022-01-30T23:55:21-05:00

When I first got in, we were drug tested every Thursday. If the Army has the right to test you weekly for drugs that only affect SMs, why wouldn't they test weekly to prevent spread of COVID to a whole team. Frankly, I didn't think vaccines were optional while in. Must be nice.

Response by LTC Linda Harkness made Feb 1 at 2022 2:44 PM

2022-02-01T14:44:16-05:00

What the Frick is the problem of simply getting the VACCINATIONS AND BOOSTER? What a double duh this concept is???