Bid for Guard exception to vaccine mandate denied

“One could elect not to take the vaccine, of course, but then you would be putting at jeopardy your ability to stay in the National Guard.” — Pentagon press secretary John Kirby

WASHINGTON >> Defense Secretary Lloyd Austin on Monday rejected a request by Oklahoma Gov. Kevin Stitt that his state’s National Guard be exempt from a Pentagon requirement that all military members be vaccinated against COVID-19.

Stitt, a Republican, had asked Austin in early November to suspend the mandate for members of the Oklahoma Guard.

A spokesman for Stitt, Charlie Hannema, said in response to Austin’s rejection letter that the governor “maintains his position” that he is commander in chief of the Oklahoma Guard while they are on Title 32 status, meaning while they are on active duty under state control but with pay and benefits provided by the federal government.

The dispute is the first critical test of the military’s authority to require National Guard troops to get the shot, and it could lay the groundwork for legal battles with states that oppose the vaccine requirement.

So far, Stitt is the only governor to publicly challenge the military mandate.

In his letter to Stitt, a copy of which was obtained by The Associated Press, Austin left open the question of how the vaccine requirement will be enforced and how far the Pentagon will go to force the issue. He did suggest that Guard troops who refuse the shots could lose their federal status, which could impact their pay and future benefits.

Austin wrote that all members of the Oklahoma Army and Air National Guard, “regardless of duty status,” must follow the directions of Army and Air Force service secretaries for COVID-19 vaccine compliance deadlines. “Failure to do so may lead to a prohibition on the member’s participation in drills and training” conducted under Title 32 of the U.S. Code, “and jeopardize the member’s status in the National Guard.”

Pentagon press secretary John Kirby said any Oklahoma Guard member who refused to take the vaccine could be denied the opportunity to perform federally financed training.

“One could elect not to take the vaccine, of course, but then you would be putting at jeopardy your ability to stay in the National Guard,” Kirby said.

In his Nov. 2 letter to Austin, Stitt wrote that the mandate “violates the personal freedoms of many Oklahomans, as it asks them to potentially sacrifice their personal beliefs in order to not lose their jobs.” He said the state needs its Guard members for storms and other weather emergencies, and he asserted that it would be “irresponsible for the federal government to place mandatory vaccine obligations on Oklahoma national guardsmen which could potentially limit the number of individuals that I can call upon to assist the state during an emergency.”

In his response, Austin wrote, “The concerns raised in your letter do not negate the need for this important military readiness requirement.”