Air National Guard board finds military’s shaky COVID vax mandate unlawful

A Nurse Corps officer, assigned to the Branch Health Clinic on Marine Corps Air Station Iwakuni, prepares Moderna COVID-19 vaccines at MCAS Iwakuni, Japan, Feb. 2, 2022. (U.S. Marine Corps photo by Lance Cpl. Calah Thompson)

A Nurse Corps officer, assigned to the Branch Health Clinic on Marine Corps Air Station Iwakuni, prepares Moderna COVID-19 vaccines at MCAS Iwakuni, Japan, Feb. 2, 2022. (U.S. Marine Corps photo by Lance Cpl. Calah Thompson)

(JUST THE NEWS) – In a unanimous decision similar to the Navy's in the spring, an Air National Guard administrative separation board voted to retain a service member who refused to comply with the military's COVID-19 vaccine mandate, while West Point found an unvaccinated cadet guilty of misconduct.

On Wednesday, an Air National Guard administrative separation board voted 3-0 to retain Technical Sergeant (TSgt) Jacob Byers after finding he didn't commit misconduct by refusing to follow an order to take the COVID vaccine.

The Air National Guard administrative separation board determines whether to retain or separate a service member.

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