The Department of Defense (DOD) is now being sued by Rep. Anna Paulina Luna (R-Fla.) and her spouse subsequent to his separation from the military for declining the COVID-19 vaccination as required by the Pentagon’s vaccine mandate, which has since been repealed.
This week, Luna and her spouse, former Oregon Air National Guard technical sergeant Andrew Gamberszky, filed a complaint against the National Guard Bureau, Department of Defense, Air Force, and Oregon Department of Military, alleging a violation of Gamberszky’s First Amendment rights.
Luna and Gamberzky’s counsel alleges in court documents that Gamberzky was denied religious and medical exemptions from receiving the injection.
He was subsequently compelled to tender his resignation subsequent to his vehement rejection of the vaccine on the grounds of his deeply held religious convictions.
The complaint alleges that the DOD infringed upon the First Amendment rights of Gamberzky.
In August 2021, a directive was issued by Defense Secretary Lloyd Austin mandating that all service members, including those in the National Guard and Reserve, receive coronavirus vaccines.
Non-complyers were subject to a range of consequences, such as forfeiture of paid leave, retirement days accumulated, or even demotion from the ranks.
However, in January of the following year, the Pentagon officially revoked the directive, eliminating the necessity for the injection throughout the military, as mandated by the National Defense Authorization Act (NDAA) for fiscal year 2023.
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