The Pentagon expects “most” troops will be willing to comply when the coronavirus vaccine becomes mandatory, which could happen in a matter of weeks.
“Frankly, we believe that most troops will respond positively to the order, just like they do in every other mission-critical order that they’re issued,” Pentagon spokesman John Kirby said on Tuesday.
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Defense Secretary Lloyd Austin announced a day earlier that he will seek the president’s approval to mandate the COVID-19 vaccine by mid-September if the Food and Drug Administration doesn’t fully approve one of the vaccines before then. Once the FDA approves a vaccine, Austin has the authority to “go ahead [and] make them mandatory for the troops,” Kirby explained during two interviews, one on MSNBC and one on Fox News.
Similar to any of the other 17 mandated vaccines for military members, a soldier may be exempt from taking the COVID-19 jab for medical or religious reasons.
For those who are “just objecting because you’re objecting, once it has become mandatory, that’s a lawful order, and our expectation is that you’re going to obey the order,” he said. “Nobody is looking for strong punitive disciplinary measures.”
He also noted that “there are tools available to commanders short of disciplinary action to try to get soldiers to do the right thing.”
The military will turn to counseling in the event that soldiers refuse to get the vaccine for nonreligious and nonmedical reasons.
The Department of Defense will have “counseling provided to any member of the military who doesn’t want to take it for other reasons than religion or medical. And we’ll talk to them. Their command will talk to them. Medical professionals will talk to them, try to inform and educate, answer any questions that they have,” he added.
President Joe Biden indicated his support for Austin’s plan to mandate the vaccine shortly after it was announced.
“I strongly support Secretary Austin’s message to the Force today on the Department of Defense’s plan to add the COVID-19 vaccine to the list of required vaccinations for our service members not later than mid-September. Secretary Austin and I share an unshakable commitment to making sure our troops have every tool they need to do their jobs as safely as possible,” the president said.
Nearly 75% of active-duty forces have already been vaccinated, according to Defense Department officials.
Some Republicans have spoken out against the plan to mandate the coronavirus vaccine.
Rep. Mark Green of Tennessee, who served in the Army, told the Washington Examiner in an interview he “would prefer they not mandate this vaccine personally, that’s a personal thing. But I am absolutely going to fight them and make sure they follow the law.”
The congressman also brought up the legality of a mandate last week, which hadn’t been handed down at the time, in a letter signed by more than a dozen GOP lawmakers addressed to Austin.
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Based on Austin’s memo to the troops, there should be little concern about the military overstepping its legal authority, according to former aviator and Navy judge advocate attorney Mark Nevitt.
Nevitt, now a law professor at Syracuse University, told the Washington Examiner in an interview that “from a legal perspective, it’s pretty straightforward” because “Biden has the authority delegated to him from Congress under the statute to make this national security determination.” It’s also uncomplicated, he said, as Austin said he’d seek the president’s approval before pushing forward, unless the FDA approves of one of the vaccines first.
