Pushback: Navy loses in attempt to fire officer who refused COVID shots
Navy Lt Billy Moseley
Bring a gun to a knife fight: When faced with dismissal on a charge of misconduct because he refused to get a COVID shot, Navy Lieutenant Billy Moseley took his case before a Navy administrative separation board, and won a unanimous victory.
Anyone who has been in the Navy for at least six years is entitled to call for a separation board if threatened with dismissal. The board is made up of three Navy officers, and its decision is binding.
Younts [Moseley’s lawyer] argued at the board hearing that the mandate for the experimental COVID vaccines was not a lawful order since the military has not made fully FDA-approved versions of the vaccines available to military members.
The military defense attorney told Just the News that the attorneys for the Navy agreed with him that there are no FDA-approved vaccines available, only interchangeable vaccines. Younts added that if there are no FDA-approved vaccines available, then the president would have to authorize the experimental shots that are currently available, which hasn’t happened.
On Friday, the board voted 3-0 that Moseley’s failure to follow the COVID vaccine order did not count as misconduct and that he should remain in the Navy. Younts said that the board members weren’t convinced that the vaccine order was lawful.
According to the press release [pdf] from Younts,
» Read more
Navy Lt Billy Moseley
Bring a gun to a knife fight: When faced with dismissal on a charge of misconduct because he refused to get a COVID shot, Navy Lieutenant Billy Moseley took his case before a Navy administrative separation board, and won a unanimous victory.
Anyone who has been in the Navy for at least six years is entitled to call for a separation board if threatened with dismissal. The board is made up of three Navy officers, and its decision is binding.
Younts [Moseley’s lawyer] argued at the board hearing that the mandate for the experimental COVID vaccines was not a lawful order since the military has not made fully FDA-approved versions of the vaccines available to military members.
The military defense attorney told Just the News that the attorneys for the Navy agreed with him that there are no FDA-approved vaccines available, only interchangeable vaccines. Younts added that if there are no FDA-approved vaccines available, then the president would have to authorize the experimental shots that are currently available, which hasn’t happened.
On Friday, the board voted 3-0 that Moseley’s failure to follow the COVID vaccine order did not count as misconduct and that he should remain in the Navy. Younts said that the board members weren’t convinced that the vaccine order was lawful.
According to the press release [pdf] from Younts,
» Read more