Mods, please sticky for 24hs. There is wisdom in the counsel of many.
As you can see, I am in the Navy based on my name. I recently received my denial letter for my religious exemption, which is no surprise with the Navy denying 100% of exemptions. Based on the references in the attached letter or any additional references, I need help formulating a counterargument for the least restrictive alternative. I have referenced BUMED 1730.11, BUMED 6230.15B, and ALNAV 062/21 in my initial letter, including natural immunity. I was sincere in the initial request, a religious sincerity argument at this junction would not be beneficial.
I was thinking of using research articles, government statistics, alternative options like ivermectin hydroxychloroquine in my appeal. (Any help in locating these would be helpful). I am also looking for any advice in other ways to formulate my appeal.
Thank you, Pedes. I also need your prayers! Copied below is the rest of the denial letter. I do not know how to post multiple images.
Subj:REQUEST FOR RELIGIOUS ACCOMMODATION THROUGH WAIVER OF IMMUNIZATION REQUIREMENTS
Ref:(a) 42 U.S.C. §2000bb-1 (b)DoD Instruction 1300.17 of 1 September 2020 (c)SECNAVINST 1730.8B (d)ASN (M&RA) memo of 6 Jun 13 (e)MILPERSMAN 1730-020 (f)United States Attorney General memo of 6 Oct 17 (g)Your ltr (h)BUMED ltr 6320 Ser
l. Pursuant to references (a) through (h), your request for religious accommodation through waiver of immunization requirements is disapproved. You must receive all required vaccines. However, you are free to request from your healthcare provider alternative vaccines that are available and meet the Navy's immunization requirements, as determined by a credentialed military healthcare provider. You are free to choose which COVID-19 vaccine to take. If you choose a COVID-19 vaccine that requires two doses, you must receive your first dose within five calendar (5) days upon receipt of this letter and complete the series as prescribed. If you choose a one-dose vaccine you must receive the vaccine within five calendar (5) days upon receipt of this letter.
2.In line with references (b) through (d), I am designated as the approval authority for requests for religious accommodation.
3.Reference (a), the Religious Freedom Restoration Act (RFRA), states that the Government may substantially burden an individual's exercise of religion only if it demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. Reference (b) incorporates the RFRA and notes that the Government has a compelling interest in mission accomplishment, to include military readiness, unit cohesion, good order and discipline, health and safety, on both individual and unit levels. Additionally, unless it will have an adverse impact on mission accomplishment, including military readiness, unit cohesion and good order and discipline, the Navy will accommodate individual expressions of sincerely held beliefs of Sailors. Reference (F) emphasizes that only those interests of the highest order can overbalance legitimate claims to the free exercise of religion.
Subj:REQUEST FOR RELIGIOUS ACCOMMODATION THROUGH WAIVER OF IMMUNIZATION REQUIREMENTS
4.All requests for accommodation of religious practices are assessed on a case-by-case basis. In line with references (b) and (c), determination of a request for religious accommodation requires consideration of the following factors:
a.Impact on military readiness, unit cohesion, good order and discipline, health and safety
b.Religious importance of the request
c.Cumulative impact of repeatedly granting similar requests
d.Whether there are alternatives available to meet the requested accommodation and
e.How other such requests have been treated
- In making this decision, I reviewed reference (g), including the endorsements from your chain of command, the local chaplain and the advice of Chief, Bureau of Medicine and Surgery in reference (h).
a.A waiver of immunizations would have a predictable and detrimental effect on your readiness and the readiness of the Sailors who serve alongside you in both operational and non operational (including training) environments. Primary prevention of disease through immunizations has been a key enabler for maintaining force health and avoiding disease-related non-battle injury. Granting your request will have a direct and foreseeable negative impact on the compelling Government interests of military readiness and health of the force.
b.While serving in the U.S. Navy, you will inevitably be expected to live and work in close proximity with your shipmates. I find that disapproval of your request for a waiver of immunization -requirements is the least restrictive means available to preserve the Department of Defense's compelling interest in military readiness, mission accomplishment and the health and safety of military Service Members.
- The Navy is a specialized community governed by a discipline separate from that of the rest of society. While every Sailor is welcome to express a religion of choice or none at all, our greater mission sometimes requires reasonable restrictions. You have my sincere best wishes for your continued success in your Navy career.
JOHN B. NOVELL JR
Copy to: OPNAV (N 131 , N0975) BUMED
Mods, please sticky for 24hs. There is wisdom in the counsel of many.
As you can see, I am in the Navy based on my name. I recently received my denial letter for my religious exemption, which is no surprise with the Navy denying 100% of exemptions. Based on the references in the attached letter or any additional references, I need help formulating a counterargument for the least restrictive alternative. I have referenced BUMED 1730.11, BUMED 6230.15B, and ALNAV 062/21 in my initial letter, including natural immunity. I was sincere in the initial request, a religious sincerity argument at this junction would not be beneficial.
I was thinking of using research articles, government statistics, alternative options like ivermectin hydroxychloroquine in my appeal. (Any help in locating these would be helpful). I am also looking for any advice in other ways to formulate my appeal.
Thank you, Pedes. I also need your prayers! Copied below is the rest of the denial letter. I do not know how to post multiple images.
Subj:REQUEST FOR RELIGIOUS ACCOMMODATION THROUGH WAIVER OF IMMUNIZATION REQUIREMENTS
Ref:(a) 42 U.S.C. §2000bb-1 (b)DoD Instruction 1300.17 of 1 September 2020 (c)SECNAVINST 1730.8B (d)ASN (M&RA) memo of 6 Jun 13 (e)MILPERSMAN 1730-020 (f)United States Attorney General memo of 6 Oct 17 (g)Your ltr (h)BUMED ltr 6320 Ser
l. Pursuant to references (a) through (h), your request for religious accommodation through waiver of immunization requirements is disapproved. You must receive all required vaccines. However, you are free to request from your healthcare provider alternative vaccines that are available and meet the Navy's immunization requirements, as determined by a credentialed military healthcare provider. You are free to choose which COVID-19 vaccine to take. If you choose a COVID-19 vaccine that requires two doses, you must receive your first dose within five calendar (5) days upon receipt of this letter and complete the series as prescribed. If you choose a one-dose vaccine you must receive the vaccine within five calendar (5) days upon receipt of this letter.
2.In line with references (b) through (d), I am designated as the approval authority for requests for religious accommodation.
3.Reference (a), the Religious Freedom Restoration Act (RFRA), states that the Government may substantially burden an individual's exercise of religion only if it demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. Reference (b) incorporates the RFRA and notes that the Government has a compelling interest in mission accomplishment, to include military readiness, unit cohesion, good order and discipline, health and safety, on both individual and unit levels. Additionally, unless it will have an adverse impact on mission accomplishment, including military readiness, unit cohesion and good order and discipline, the Navy will accommodate individual expressions of sincerely held beliefs of Sailors. Reference (F) emphasizes that only those interests of the highest order can overbalance legitimate claims to the free exercise of religion.
Subj:REQUEST FOR RELIGIOUS ACCOMMODATION THROUGH WAIVER OF IMMUNIZATION REQUIREMENTS
4.All requests for accommodation of religious practices are assessed on a case-by-case basis. In line with references (b) and (c), determination of a request for religious accommodation requires consideration of the following factors:
a.Impact on military readiness, unit cohesion, good order and discipline, health and safety
b.Religious importance of the request
c.Cumulative impact of repeatedly granting similar requests
d.Whether there are alternatives available to meet the requested accommodation and
e.How other such requests have been treated
- In making this decision, I reviewed reference (g), including the endorsements from your chain of command, the local chaplain and the advice of Chief, Bureau of Medicine and Surgery in reference (h).
a.A waiver of immunizations would have a predictable and detrimental effect on your readiness and the readiness of the Sailors who serve alongside you in both operational and non operational (including training) environments. Primary prevention of disease through immunizations has been a key enabler for maintaining force health and avoiding disease-related non-battle injury. Granting your request will have a direct and foreseeable negative impact on the compelling Government interests of military readiness and health of the force.
b.While serving in the U.S. Navy, you will inevitably be expected to live and work in close proximity with your shipmates. I find that disapproval of your request for a waiver of immunization -requirements is the least restrictive means available to preserve the Department of Defense's compelling interest in military readiness, mission accomplishment and the health and safety of military Service Members.
- The Navy is a specialized community governed by a discipline separate from that of the rest of society. While every Sailor is welcome to express a religion of choice or none at all, our greater mission sometimes requires reasonable restrictions. You have my sincere best wishes for your continued success in your Navy career.
JOHN B. NOVELL JR
Copy to: OPNAV (N 131 , N0975) BUMED