Supplemental Appendix in Support of Plaintiffs' Motion for a Preliminary Injunction — Navy SEALs 1-26 v. Biden

Summary

A supplemental appendix filed December 17, 2021 as Document 59 in U.S. Navy SEALs 1-26, et al. v. Joseph R. Biden, Jr., et al., Case No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas, Fort Worth Division, in support of plaintiffs' motion for a preliminary injunction. Its index lists 34 tabs of supplemental declarations from numbered U.S. Navy SEALs, Special Warfare Combatant Craft Crewmen, an Explosive Ordnance Disposal Technician and two Navy Divers, and from Michael D. Berry. Eight exhibits follow, among them NAVADMIN 283/21 (Dec. 15, 2021), a Secretary of Defense memorandum on vaccination attestation and verification, material on the Delta variant and news articles on service members separated for refusing the COVID-19 vaccine. The 199-page appendix is signed by counsel of First Liberty Institute.

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Date: 2021-12-17

Cite this document

“Supplemental Appendix in Support of Plaintiffs' Motion for a Preliminary Injunction — Navy SEALs 1-26 v. Biden.” Original at archive.org, dated 2021-12-17. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-12-17-thern-district-of-texas-fort-worth-division-u-s-navy-seals-1-26-et-al-plaintiff-6223d0dd-1/, SHA-256 6223d0ddbef7efa2abdee47da05966b62a5ff19fcfd92aad74908a5a7b4cf33f.

Full text

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26, et al.,

Plaintiffs,

JOSEPH R. BIDEN, JR., et al.,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL APPENDIX IN SUPPORT OF PLAINTIFFS’ MOTION FOR A
PRELIMINARY INJUNCTION

Tab Description
Bates Number(s)
1
Supplemental Declaration of U.S. Navy SEAL 1
1023-1025
2
Supplemental Declaration of U.S. Navy SEAL 2
1026-1029
3
Supplemental Declaration of U.S. Navy SEAL 3
1030-1032
4
Supplemental Declaration of U.S. Navy SEAL 4
1033-1035
5
Supplemental Declaration of U.S. Navy SEAL 5
1036-1038
6
Supplemental Declaration of U.S. Navy SEAL 6
1039-1041
7
Supplemental Declaration of U.S. Navy SEAL 7
1042-1045
8
Supplemental Declaration of U.S. Navy SEAL 8
1046-1048
9
Supplemental Declaration of U.S. Navy SEAL 9
1049-1051
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10
Supplemental Declaration of U.S. Navy SEAL 10
1052-1054
11
Supplemental Declaration of U.S. Navy SEAL 11
1055-1057
12
Supplemental Declaration of U.S. Navy SEAL 12
1058-1060
13
Supplemental Declaration of U.S. Navy SEAL 13
1061-1063
14
Supplemental Declaration of U.S. Navy SEAL 15
1064-1066
15
Supplemental Declaration of U.S. Navy SEAL 16
1067-1069
16
Supplemental Declaration of U.S. Navy SEAL 17
1070-1072
17
Supplemental Declaration of U.S. Navy SEAL 18
1073-1075
18
Supplemental Declaration of U.S. Navy SEAL 19
1076-1078
19
Supplemental Declaration of U.S. Navy SEAL 20
1079-1081
20
Supplemental Declaration of U.S. Navy SEAL 21
1082-1085
21
Supplemental Declaration of U.S. Navy SEAL 22
1086-1089
22
Supplemental Declaration of U.S. Navy SEAL 23
1090-1093
23
Supplemental Declaration of U.S. Navy SEAL 24
1094-1097
24
Supplemental Declaration of U.S. Navy SEAL 25
1098-1100
25
Supplemental Declaration of U.S. Navy SEAL 26
1101-1103
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26
Supplemental Declaration of U.S. Navy Special Warfare
Combatant Craft Crewman 1
1104-1108
27
Supplemental Declaration of U.S. Navy Special Warfare
Combatant Craft Crewman 2
1109-1111
28
Supplemental Declaration of U.S. Navy Special Warfare
Combatant Craft Crewman 3
1112-1114
29
Supplemental Declaration of U.S. Navy Special Warfare
Combatant Craft Crewman 4
1115-1118
30
Supplemental Declaration of U.S. Navy Special Warfare
Combatant Craft Crewman 5
1119-1122
31
Supplemental Declaration of U.S. Explosive Ordnance
Disposal Technician 1
1123-1127
32
Supplemental Declaration of U.S. Navy Diver 1
1128-1130
33
Supplemental Declaration of U.S. Navy Diver 2
1131-1134
34
Supplemental Declaration of Michael D. Berry
1135-1138

Exhibit 1: NAVADMIN 283/21, “CCDA Execution Guidance
to Commanders” (Dec. 15, 2021).
1139-1150

Exhibit 2: Konstantin Toropin, “The Navy Is Getting Ready to
Boot Vaccine Refusers, But Is Offering an Olive Branch,”
Military.com (Dec. 15, 2021).
1151-1157

Exhibit 3: Lolita C. Baldor, “Air Force Discharges 27 for
Refusal to Get COVID Vaccine,” Associated Press (Dec. 13,
2021).
1158-1164

Exhibit 4: Secretary of Defense, Memorandum, “Force Health
Protection Guidance (Supplement 23) Revision 2 – Department
of Defense Guidance for Coronavirus Disease 2019
Vaccination Attestation, Screening Testing, and Vaccination
Verification” (Oct. 29, 2021).
1165-1189

Exhibit 5: Ctrs. For Disease Control & Prevention, Delta
Variant: What We Know About the Science (Aug. 26, 2021).
1190-1194
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Exhibit 6: Ctrs. for Disease Control & Prevention, “Johnson &
Johnson’s Janssen, How Well the Vaccine Works” (updated
Oct. 29, 2021).
1195-1203

Exhibit 7: 103 Marines Already Separated For Refusing
COVID-19 Vaccine,” Marinecorpstimes.com (December 16,
2021).
1204-1210

Exhibit 8: Valerie Insinna, “Pentagon Stops Implementing
Vaccine Mandate for Defense Contractors,”
Breakingdefense.com (Dec. 14, 2021).
1211-1215

Respectfully submitted this 17th day of December, 2021.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
ROGER BYRON
Texas Bar No. 24062643
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
rbyron@firstliberty.org

JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
/s/ Heather Gebelin Hacker
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com

Attorneys for Plaintiffs
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jpratt@firstliberty.org

*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.

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Tab 1
Pls.' Mot. for Prelim. Inj. Suppl. App. 001023
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

JOSEPH R. BIDEN, JR., in his official
capacity as President of the United States of
America; LLOYD J. AUSTIN, III,
individually and in his official capacity as
United States Secretary of Defense; UNITED
STATES DEPARTMENT OF DEFENSE;
CARLOS DEL TORO, individually and in
his official capacity as United States Secretary
of the Navy,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 1

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 1, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my command on November 10,
2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001024
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3. I received notification that my religious accommodation request had been denied on
December 16, 2021.
4. I plan to appeal that decision within the deadline given to me.
5. Because of the vaccine mandate, I have lost sleep over concerns of losing the ability to
provide for my family.
6. Before the COVID-19 vaccine mandate, I drilled monthly at my local base in Texas, and I
was able to attend my SEAL Team’s annual training in Southern California. Because of the
mandate and my unvaccinated status, I have not been allowed to travel to cross assigned drill
weekends at my parent command in Southern California.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 1

U.S. Navy SEAL 1

Pls.' Mot. for Prelim. Inj. Suppl. App. 001025
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Tab 2
Pls.' Mot. for Prelim. Inj. Suppl. App. 001026
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 9 of 199 PageID 2293

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U. S. NAVY SEAL 2

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 2, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my Command on October 17,
2021.
3. I received the denial of my religious accommodation request on December 5, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001027
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4. I appealed that decision on December 10, 2021. A reformatted version of my appeal was
submitted on December 15, 2021. I have received no information as to when my appeal will be
decided. I am not aware of any Navy service member who has received a final decision on their
religious accommodation request.
5. I have recently sought medical care for conditions that have been exacerbated by stress and
anxiety brought on by the vaccine mandate. Statements that I will lose my qualification as a SEAL
if I am granted a religious accommodation have been especially troubling to my mental health. I
am currently being seen for chronic insomnia and other mental effects.
6. I am currently in charge of operations at my training command. In this position, I am
responsible for ensuring that other instructors have the resources, training, and support required to
conduct training. This role includes coordination with multiple national contracting companies that
employ approximately thirty contractors that support instruction.
7. I am a fully functional instructor and interact with students daily. We train newly qualified
SEALs and SWCCs to become combat medics for all deployable commands within Naval Special
Warfare. This training involves working with local civilian hospitals and EMS services. Thus, my
students come into contact with civilians and healthcare providers that may not be vaccinated.
8. My mission has remained the same before and after the COVID-19 pandemic began. We
are continuing to train students at historical rates. To my knowledge, there has been no significant
impact to our course of instruction and we have been praised for being able to accomplish our
mission in the midst of COVID-19.

Pls.' Mot. for Prelim. Inj. Suppl. App. 001028
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I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 15, 2021.

/s/ U.S. Navy SEAL 2

U.S. Navy SEAL 2

Pls.' Mot. for Prelim. Inj. Suppl. App. 001029
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Tab 3
Pls.' Mot. for Prelim. Inj. Suppl. App. 001030
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 13 of 199 PageID 2297

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 3

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 3, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package on October 16, 2021.
3. My religious accommodation request was denied on November 22, 2021, while I was on
paternity leave.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001031
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4. On my final day of paternity leave, December 16, 2021, I met virtually with JAG to go
over the Page 13 administrative remarks. I have until December 27th, 2021, to submit my appeal.
I plan to appeal that decision within the deadline.
5. While I was on paternity leave, I was harassed by the Navy to return and submit my
appeal paperwork.
6. I have been prescribed medications for depression, sleep, and nightmares. I have been
diagnosed with chronic insomnia, traumatic brain injury, post-traumatic stress disorder, and
hyper-vigilance. The mandate has amplified these issues.
7. Because I am unvaccinated, the Navy attempted to prevent me from traveling to receive
treatment for a traumatic brain injury.
8. In my career, I have conducted three successful deployments with over ten years of
service and an exceptional record of awards. Since March 2021, I have successfully trained over
100 students in medicine. I have a passion for serving as an instructor.
9. In October 2021, I was asked to step down from my position in order to prepare for
separation and to get my medical appointments ordered. Since then, I have not spent any time
teaching or training students, despite the other staff being overwhelmed and undermanned.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 3

U.S. Navy SEAL 3

Pls.' Mot. for Prelim. Inj. Suppl. App. 001032
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Tab 4
Pls.' Mot. for Prelim. Inj. Suppl. App. 001033
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 16 of 199 PageID 2300

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 4

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 4, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package on October 16, 2021.
3. I received the denial of my religious accommodation on December 8, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001034
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 17 of 199 PageID 2301

/s/ U.S. Navy SEAL 4

U.S. Navy SEAL 4

Pls.' Mot. for Prelim. Inj. Suppl. App. 001035
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Tab 5
Pls.' Mot. for Prelim. Inj. Suppl. App. 001036
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 19 of 199 PageID 2303

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 5

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 5, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package on October 16, 2021.
3. I received denial of my religious accommodation request on December 8, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001037
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4. I appealed that decision on December 10, 2021. I have received no information as to when
my appeal will be decided. I am not aware of any Navy service member who has received a final
decision on their religious accommodation request.
5. The COVID-19 vaccine mandate has caused me significant mental strain.
6. I deployed overseas during the very early stages of the pandemic before the vaccine was
available. To mitigate the spread of COVID-19, we stayed in a quarantine camp and performed
identification and temperature checks whenever essential personnel left our camp. We were
permitted to go to our base.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 15, 2021.

/s/ U.S. Navy SEAL 5

U.S. Navy SEAL 5

Pls.' Mot. for Prelim. Inj. Suppl. App. 001038
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Tab 6
Pls.' Mot. for Prelim. Inj. Suppl. App. 001039
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 22 of 199 PageID 2306

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 6

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 6, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package on October 7, 2021.
3. My religious accommodation request was denied on December 3, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001040
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4. I appealed that decision on December 13, 2021. I have received no information as to when
my appeal will be decided. I am not aware of any Navy service member who has received a final
decision on their religious accommodation request.
5. Because of the vaccine mandate, I have visited mental health professionals for anxiety and
psychological frustration.
6. I deployed overseas from March 2020 – October 2020. During this deployment, we
traveled to eight different countries and had interoperability with nine other units, including air
crews, boat teams, pararescue, and an entire Navy ship. We conducted regular testing and
quarantines. Our mission was accomplished with 100% accuracy, despite being at the height of
the pandemic, before a vaccine was available. To my knowledge, we did not have any positive
cases of COVID-19.
7. After deployment, I moved to an advanced training command and became an instructor. I
led 7 courses of instruction with over 140 students. During that time, we experienced no mission
failure or readiness issues, and we only had one student test positive for COVID.
8. Because of the COVID-19 vaccine mandate, I have not been allowed to travel to instruct
in other locations.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ US NAVY SEAL 6

U.S. Navy SEAL 6

Pls.' Mot. for Prelim. Inj. Suppl. App. 001041
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Tab 7
Pls.' Mot. for Prelim. Inj. Suppl. App. 001042
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 25 of 199 PageID 2309

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 7

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 7, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my Command on October 16, 2021.
3. My religious accommodation request was denied on November 23, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001043
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 26 of 199 PageID 2310

4. I appealed that decision on December 14th, 2021. I have received no information as to
when my appeal will be decided. I am not aware of any Navy service member who has received a
final decision on their religious accommodation request.
5. Since the vaccine mandate, but never before, I am being subjected to regular testing for
COVID-19, despite being symptom-free. These mandated tests are the first time I have taken a
COVID test during the pandemic.
6. The COVID-19 vaccine mandate has had a direct impact on my personally. I have lost
sleep and experienced extreme stress because I am facing financial uncertainty. This stress has
also impacted my wife and kids. Prior to the mandate-induced stress, I enjoyed my job and was
nominated as Sailor of the Year for my command in 2021. Now, I have been limited in
performance of my job and had to cancel courses because of the mandate.
7. I am a dive instructor with a training command. Before the pandemic, my command ran
two dive courses in a year. In 2020, during the pandemic, we cancelled a course in March. During
the remainder of the year and before a vaccine was available, we ran three courses in three different
locations across the country. These three courses were more than we had ever done throughout the
eight-year history of the course. Because of the vaccine mandate and its subsequent restrictions,
we have had to cancel a course and are unsure if we will be able to conduct it again because of
unvaccinated instructors.

Pls.' Mot. for Prelim. Inj. Suppl. App. 001044
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 27 of 199 PageID 2311

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on December 16, 2021.

/s/ U.S. Navy Seal 7

U.S. Navy SEAL 7
Pls.' Mot. for Prelim. Inj. Suppl. App. 001045
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 28 of 199 PageID 2312
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 28 of 199 PageID 2312

Tab 8
Pls.' Mot. for Prelim. Inj. Suppl. App. 001046
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 29 of 199 PageID 2313
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 29 of 199 PageID 2313

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 8

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 8, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my Command on October 6th, 2021.
3. My religious accommodation request was denied on November 24th, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001047
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 30 of 199 PageID 2314
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 30 of 199 PageID 2314

4. I appealed that decision on December 7th, 2021. I have received no information as to when
my appeal will be decided. I am not aware of any Navy service member who has received a final
decision on their religious accommodation request.
5. Since August, I have been seeing two different mental health specialists. Upon realizing
that I could lose my job as a SEAL and therefore access to these professionals, I have experienced
additional stress and depression.
6. Since the pandemic began, I have continued to work in close quarters with my students,
occasionally near each other inside a helicopter. Being unvaccinated has not impacted my ability
to perform these duties.
7. I have deployed since the pandemic began in March 2020.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 8

U.S. Navy SEAL 8

Pls.' Mot. for Prelim. Inj. Suppl. App. 001048
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 31 of 199 PageID 2315
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 31 of 199 PageID 2315

Tab 9
Pls.' Mot. for Prelim. Inj. Suppl. App. 001049
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 32 of 199 PageID 2316
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 32 of 199 PageID 2316

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 9

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 9, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my Command on October 7, 2021.
3. I met with a JAG officer and signed a counseling form regarding the denial of my religious
accommodation request on December 1, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001050
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 33 of 199 PageID 2317
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 33 of 199 PageID 2317

4. I appealed the denial of my request on December 7, 2021. I have received no information
as to when my appeal will be decided. I am not aware of any Navy service member who has
received a final decision on their religious accommodation request.
5. I have successfully deployed from September 2020 to April 2021. During the deployment,
we were able to maintain a robust internal training schedule and participate in several
engagements.
6. The COVID-19 vaccine mandate has taken much of my personal joy. I feel anxious and
depressed about the mandate and believe it’s affecting how I am as a husband and father. I feel
mentally, physically, and spiritually drained because this mandate has affected my sleep, my
exercise, and my personal devotional time.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 9

U.S. Navy SEAL 9

Pls.' Mot. for Prelim. Inj. Suppl. App. 001051
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 34 of 199 PageID 2318
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 34 of 199 PageID 2318

Tab 10
Pls.' Mot. for Prelim. Inj. Suppl. App. 001052
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 35 of 199 PageID 2319
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 35 of 199 PageID 2319

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 10

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 10, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I believe my religious accommodation request was submitted on December 10, 2021. It is
currently pending. I have received no information as to when a decision will be made on my
Pls.' Mot. for Prelim. Inj. Suppl. App. 001053
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 36 of 199 PageID 2320
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 36 of 199 PageID 2320

request. I am not aware of any Navy service member who has received a final decision on their
religious accommodation request.
3. Because I am unvaccinated, I am not able to reschedule any drills, regardless of work
conflict or family emergency. In November, I received approval to reschedule a drill planned for
early December 2021 so I could care for my children while my wife flew to and attended a family
funeral. Two days before the original date of the drill I was informed that my reschedule had been
cancelled and I was required to attend or risk an unauthorized absence. My command stated that I
was not authorized to reschedule any drills as an unvaccinated service member. This requirement
forced me to attend the drill with my children so I would not risk being administratively separated
for unauthorized absence.
4. I am not currently authorized to travel for my annual training. I fear the restrictions on
travel and rescheduling drills will affect my ability to have a good year of drills and annual training
as a reservist. Thus, I fear I could be subject to adverse consequences or administrative separation.
5. The COVID-19 vaccine mandate has taken both a physical and mental toll on me. It has
caused me loss of sleep and productivity, stress on my family relationships, and distant feelings at
home and work.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 10

U.S. Navy SEAL 10

Pls.' Mot. for Prelim. Inj. Suppl. App. 001054
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 37 of 199 PageID 2321
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 37 of 199 PageID 2321

Tab 11
Pls.' Mot. for Prelim. Inj. Suppl. App. 001055
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 38 of 199 PageID 2322
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 38 of 199 PageID 2322

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 11

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 11, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package on October 4, 2021. My request is still
pending. I have received no information as to when a decision will be made on my request. I am
Pls.' Mot. for Prelim. Inj. Suppl. App. 001056
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 39 of 199 PageID 2323
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 39 of 199 PageID 2323

not aware of any Navy service member who has received a final decision on their religious
accommodation request.
3. Since filing this lawsuit, my chain of command will not move forward with my retirement
request.
4. I have lost many nights of sleep over this vaccine mandate, because I feel as if it is forcing
me to choose between my religious convictions and being able to provide for my family. My
marriage has experienced strain to the point of my wife being unwilling to discuss anything related
to COVID-19 with me. Since the mandate, I have experienced days where I do not feel motivated
to do anything.
5. Because of COVID-19, my division continued to meet in person by implementing social
distancing, up to twice a day since April of 2020. Also, my division was instructed to take food to
exposed personnel in quarantine. To my knowledge, we did not experience any spread of COVID
in my ranks. The schoolhouse at my division conducted testing to ensure early detection.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ US NAVY SEAL 11

U.S. Navy SEAL 11

Pls.' Mot. for Prelim. Inj. Suppl. App. 001057
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 40 of 199 PageID 2324
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 40 of 199 PageID 2324

Tab 12
Pls.' Mot. for Prelim. Inj. Suppl. App. 001058
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 41 of 199 PageID 2325
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 41 of 199 PageID 2325

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 12

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 12, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package on September 11, 2021.
3. In November 2021, I received positive results from a COVID-19 antibody test, showing
that I have antibodies against the virus that causes COVID-19.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001059
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 42 of 199 PageID 2326
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 42 of 199 PageID 2326

4. I received religious accommodation denial letter on December 9, 2021.
5. I appealed that decision on December 14, 2021.
6. Due to the nature of my position, I am able to telework if necessary. Since the pandemic
began, I have been able to fulfill my duties as I always have.
7. I am unable to travel because of the COVID-19 vaccine mandate. Because I am not allowed
to travel, I was unable to have my dive qualification renewed. Because of this, I believe that I will
soon lose my dive pay.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. NAVY SEAL 12

U.S. Navy SEAL 12

Pls.' Mot. for Prelim. Inj. Suppl. App. 001060
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 43 of 199 PageID 2327
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 43 of 199 PageID 2327

Tab 13
Pls.' Mot. for Prelim. Inj. Suppl. App. 001061
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 44 of 199 PageID 2328
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 44 of 199 PageID 2328

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 13

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 13, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my Command on September 28, 2021.
3. My religious accommodation request was denied on November 17, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001062
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 45 of 199 PageID 2329
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 45 of 199 PageID 2329

4. I appealed that decision on December 3, 2021. I have received no information as to when
my appeal will be decided. I am not aware of any Navy service member who has received a final
decision on their religious accommodation request.
5. I deployed overseas in March of 2020, during the beginning of the pandemic. Leaving my
family during the pandemic caused me great stress.
6. During the deployment, my platoon operated normally. We abided by the restrictions
placed by other countries, but was still able to conduct regular training and interactions throughout
the deployment.
7. After my return, I was transferred to a four-month school. In school, I interacted with staff
and students in small, confined spaces.
8. After my removal from the course I was taking, I returned to my command. As of
November 11, 2021, I have been official removed from my leadership position and replaced. I
received no correspondence or verbal counseling regarding my removal. I feel like I am being
treated as if I am no longer a member of the command.
9. I fear being unable to re-enlist in March of 2022 because of my religious accomodation
request and I am preparing myself and my family to face departure with little to no assistance from
command.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 13

U.S. Navy SEAL 13

Pls.' Mot. for Prelim. Inj. Suppl. App. 001063
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 46 of 199 PageID 2330
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 46 of 199 PageID 2330

Tab 14
Pls.' Mot. for Prelim. Inj. Suppl. App. 001064
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 47 of 199 PageID 2331
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 47 of 199 PageID 2331

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 15

Pursuant to 28 U.S.C. § 1746, I, SEAL 15, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 6, 2021.
3. I was informed that my religious accommodation request had been denied on December
13, 2021.
4. I am currently preparing my appeal and plan to submit before the deadline given to me.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001065
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 48 of 199 PageID 2332
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 48 of 199 PageID 2332

5. I am experiencing stress related to this matter and have spoken with my Chaplain regarding
my feelings. I intend to remain steadfast and exhibit a sound mind, but I have experienced anger,
sadness, and sleeplessness. I do not want my family to experience hardship, but I fear that the
consequences of not being vaccinated could have major financial consequences.
6. I should be finished at the command I am currently at, but I am being temporarily retained
while my religious accommodation is sorted out.
7. I currently work as an instructor of a skill that enhances Naval Special Warfare’s
capabilities. We teach typically teach two official courses of instruction for SEALs. In 2020 and
2021, during the pandemic, we taught three courses. We have implemented necessary COVID-19
risk mitigation to provide the SEAL teams what is required for readiness.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ US Navy SEAL 15

U.S. Navy SEAL 15

Pls.' Mot. for Prelim. Inj. Suppl. App. 001066
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 49 of 199 PageID 2333
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 49 of 199 PageID 2333

Tab 15
Pls.' Mot. for Prelim. Inj. Suppl. App. 001067
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 50 of 199 PageID 2334
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 50 of 199 PageID 2334

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 16

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 16, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my Command on September 17, 2021.
3. I was notified that my religious accommodation request was denied on November 2, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001068
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 51 of 199 PageID 2335
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 51 of 199 PageID 2335

4. I appealed that decision within the deadline provided. I have received no information as to
when my appeal will be decided. I am not aware of any Navy service member who has received a
final decision on their religious accommodation request.
5. Physically, I have experienced several nights of lost sleep and hives due to anxiety
surrounding the COVID-19 vaccine mandate.
6. I have served as the training officer for two operational SEAL commands. However,
because I am not vaccinated, I have missed several training symposiums and events that I was
requested to attend because I am not allowed to travel due to the mandate.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 16

U.S. Navy SEAL 16

Pls.' Mot. for Prelim. Inj. Suppl. App. 001069
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 52 of 199 PageID 2336
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 52 of 199 PageID 2336

Tab 16
Pls.' Mot. for Prelim. Inj. Suppl. App. 001070
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 53 of 199 PageID 2337
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 53 of 199 PageID 2337

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 17

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 17, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my Command on October 16, 2021.
3. My religious accommodation request was denied on November 26, 2021.
4. I am currently preparing my appeal and plan to submit within the deadline given to me.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001071
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 54 of 199 PageID 2338
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 54 of 199 PageID 2338

5. The Navy’s COVI9-19 vaccine mandate has placed an enormous burden on my wife and
me. I have an appointment scheduled with a psychiatrist for stress related issues.
6. Since the mandate, I have not been allowed to travel as an instructor, because I am
unvaccinated.
7. I am currently on terminal leave and do not intend to be in contact with anyone from work.
However, because I am unvaccinated, I have been called back in to complete legal documentation
during the religious accommodation process.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 15, 2021.

/s/ U.S. Navy SEAL 17

U.S. Navy SEAL 17

Pls.' Mot. for Prelim. Inj. Suppl. App. 001072
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 55 of 199 PageID 2339
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 55 of 199 PageID 2339

Tab 17
Pls.' Mot. for Prelim. Inj. Suppl. App. 001073
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 56 of 199 PageID 2340
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 56 of 199 PageID 2340

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 18

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 18, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on November 9, 2021.
3. My religious accommodation request is pending.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001074
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 57 of 199 PageID 2341
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 57 of 199 PageID 2341

4. My Officer in Charge recommend my request be approved, but my Commodore did not
favorably recommend.
5. Because I am currently in a medical board process, I am not regularly going in to work. I
check in weekly with my Office in Charge. Recently, I have been trying to go to a physical and
mental rehabilitation center for treatment. Prior to the mandate, my Command said they would
send me on temporary duty orders, but since the mandate, I have been told that I am only allowed
to travel with approved leave.
6. The threat of lost income and retirement benefits, along with the other consequences of
remaining unvaccinated have caused me to feel sick to my stomach and experience headaches,
muscle twitches, and skin rashes. Mentally, I have felt depressed.
7. I believe that the process of applying for a COVID-19 vaccine religious accommodation is
divisive, incompatible with unit cohesion, devastating to morale, disorganized, and overly
burdensome. I have lost faith in my leadership and questioned my career of service of nearly
twenty-five years.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 18

U.S. Navy SEAL 18

Pls.' Mot. for Prelim. Inj. Suppl. App. 001075
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 58 of 199 PageID 2342
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 58 of 199 PageID 2342

Tab 18
Pls.' Mot. for Prelim. Inj. Suppl. App. 001076
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 59 of 199 PageID 2343
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 59 of 199 PageID 2343

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 19

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 19, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted in October of 2021.
3. My religious accommodation request was denied on November 30, 2021 while I was on an
approved block of leave.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001077
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 60 of 199 PageID 2344
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 60 of 199 PageID 2344

4. Rather than allowing me to respond to the denial upon my return from leave, on December
9, 2021, I was forced to submit a request for an extension of time to respond on while on leave.
5. That same day, I received written counseling stating that I could be subject to punishment
for failing to comply with a direct order to receive a COVID-19 vaccination, which I refused to
sign.
6. On December 13, 2021, I filed an appeal in response to the Navy’s decision to deny my
religious accommodation request. I am now awaiting the final decision, which could result in my
separation on the basis of misconduct, pursuant to NAVADMIN 283/21 dated December 15, 2021.
https://www.mynavyhr.navy.mil/Portals/55/Messages/NAVADMIN/NAV2021/NAV21283.txt?v
er=nNhu1nrr-3hkdLrBAZ_aKg%3d%3d
7. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
8. Due to the vaccine mandate rules, I have not been able to complete my planned transfer to
another command to take on a new and exciting position. That, in combination with my religious
accommodation request getting denied, has created uncertainty, stress, and anxiety for me and my
family’s future.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 19

U.S. Navy SEAL 19

Pls.' Mot. for Prelim. Inj. Suppl. App. 001078
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 61 of 199 PageID 2345
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 61 of 199 PageID 2345

Tab 19
Pls.' Mot. for Prelim. Inj. Suppl. App. 001079
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 62 of 199 PageID 2346
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 62 of 199 PageID 2346

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 20

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 20, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my Command on October 16,
2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001080
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 63 of 199 PageID 2347
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 63 of 199 PageID 2347

3. I signed the acknowledgment of my religious accommodation denial on November 29,
2021.
4. I appealed that decision on December 3, 2021. I have received no information as to when
my appeal will be decided. I am not aware of any Navy service member who has received a final
decision on their religious accommodation request.
5. Since the vaccine mandate was issued, I have experienced loss of sleep, appetite, and
motivation. I have lost time with my wife and kids because I have spent free time trying to ensure
that I am properly navigating the religious accommodation process properly.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 20

U.S. Navy SEAL 20

Pls.' Mot. for Prelim. Inj. Suppl. App. 001081
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 64 of 199 PageID 2348
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 64 of 199 PageID 2348

Tab 20
Pls.' Mot. for Prelim. Inj. Suppl. App. 001082
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 65 of 199 PageID 2349
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 65 of 199 PageID 2349

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 21

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 21, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my command in October of 2021.
3. My religious accommodation request is still pending.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001083
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 66 of 199 PageID 2350
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 66 of 199 PageID 2350

4. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
5. In my position, I have not been given the opportunity to telework while others in similar
circumstances have. I feel as though my command wants to punish me for submitting a religious
exemption request. I am being treated in a manner similar to someone who received formal
punishment by the command.
6. Before the mandate came out, I had a slot at the Army’s SMU (Special Missions Unit)
assessment. The vaccine mandate was issued three weeks before the start of assessment, so I had
to take myself out of the class and lost the opportunity to work at that unit.
7. Before the mandate I was in a platoon as the lead medic and a fire team leader. Prior to
that, I was a CQB (Close Quarters Battle) instructor, so I was mostly training my new CQBs and
helping my junior medics with whatever they needed.
8. After the mandate, I was kicked out of my platoon for, what I was told was, the “health
and safety” of the guys in the platoon. However, the team still let me teach four different CQB
platoon for two weeks.
9. My schedule was also changed a few weeks after I was kicked out of my platoon. Prior to
removal, I stood watch at a desk two or three times a week for a half day. After removal from my
platoon, I spend five days a week standing watch at the desk for full days.
10. The work that I now do is minimal. Most days I have nothing to do. My duties include
cleaning-up around the command, and currently, my job is to watch a painter paint a mural on a
wall because she is using a scissor lift and if she falls someone needs to be there.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001084
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 67 of 199 PageID 2351
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 67 of 199 PageID 2351

11. As a result of being unvaccinated, I was told to turn in my issued gear. I am unable to
train or do any type of job you would think a SEAL would do. I have been made to take certain
classes online and was not given the option to go to the class in person.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. NAVY SEAL 21

U.S. Navy SEAL 21

Pls.' Mot. for Prelim. Inj. Suppl. App. 001085
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 68 of 199 PageID 2352
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 68 of 199 PageID 2352

Tab 21
Pls.' Mot. for Prelim. Inj. Suppl. App. 001086
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 69 of 199 PageID 2353
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 69 of 199 PageID 2353

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 22

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 22, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 14, 2021.
3. My religious accommodation request is still pending.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001087
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 70 of 199 PageID 2354
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 70 of 199 PageID 2354

4. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
5. I have successfully deployed both since the pandemic began in March of 2020 and since
the vaccine became available in December of 2020.
6. On December 6, 2021, I was relieved of my LCPO duties as ST-7, Alpha Platoons LCPO.
I was acting officially as Alphas LCPO since Change of Command on November 10th until
relieved on December 6th. When I was relieved of my LCPO duties, I requested an email or
documentation for my records stating that I was fired or relieved. I was told that I cannot get
anything in writing because technically I was not being fired, since I was never fully transferred.
I was told I was being removed because in the unlikely event my religious accommodation request
is approved, I am still unable to be a Platoon LCPO. I cannot promote to the next grade without
completing a platoon LCPO.
7. If my religious accommodation is denied, I have a lot to lose, including potential loss of
income for me and my family, loss of medical coverage for my wife, three kids, and myself, loss
of retirement, loss of my GI bill, which was set aside for my children’s education, loss of
promotions and milestones, loss of our house and cars, and being required to reimburse the military
almost $40,000 for my re-enlistment.
8. This entire situation has caused my family a significant amount of stress.

Pls.' Mot. for Prelim. Inj. Suppl. App. 001088
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 71 of 199 PageID 2355
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 71 of 199 PageID 2355

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed December 15, 2021.

/s/ U.S. Navy SEAL 22

U.S. Navy SEAL 22

Pls.' Mot. for Prelim. Inj. Suppl. App. 001089
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 72 of 199 PageID 2356
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 72 of 199 PageID 2356

Tab 22
Pls.' Mot. for Prelim. Inj. Suppl. App. 001090
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 73 of 199 PageID 2357
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 73 of 199 PageID 2357

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 23

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 23, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 7, 2021.
3. My religious accommodation request was denied on November 18, 2021.
4. I appealed that decision on December 1, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001091
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 74 of 199 PageID 2358
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 74 of 199 PageID 2358

5. I successfully deployed from September 2020 to March 2021.
6. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
7. Since the inception of the mandate, I have had more trouble sleeping than usual. I lie awake
at night thinking about the possibility of being separated from the military. I find my mind racing
well into the early hours of the next morning. After 3 months of asking, I finally got appointments
for a sleep study and mental health. My wife, although she fully supports my decision, is also
worried about our family’s future and is troubled about how the military is treating us. I have seen
her stress increase over the past four months of me dealing with this.
8. Before the mandate, I was deployed from October 2020-March 2021 and we quarantined
most of the time. We had a major operation in the middle of deployment, which lasted
approximately seven weeks and was extremely successful. There was no mass COVID-19 within
our unit or any other unit that we were directly in contact with.
9. Upon returning from deployment, it was business as usual. I was reassigned, upon
request, to NSWG-2 TD2 where I am currently an instructor. During our training blocks, I am in
extremely close contact with SEAL platoon members while conducting live fire training and
during debrief periods. I have worked directly with other cadre members on a daily basis where
no COVID mitigation measures are used (no masks, no social distancing, no testing unless you
show symptoms).
10. Since the mandate, I received an order that I would have to return home from training
unless I test weekly. This order came on December 6, 2021. I still conduct training for SEAL
platoon members where I am in close contact with each of them during training and in close
Pls.' Mot. for Prelim. Inj. Suppl. App. 001092
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 75 of 199 PageID 2359
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 75 of 199 PageID 2359

contact with cadre members on a daily basis. No COVID mitigation measures are taken (no
masks, no social distancing). I have not tested positive for COVID since I had the virus in
February of 2021, and I have not known of any COVID cases of anyone who I have worked
closely with since.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 23

U.S. Navy SEAL 23

Pls.' Mot. for Prelim. Inj. Suppl. App. 001093
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 76 of 199 PageID 2360
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 76 of 199 PageID 2360

Tab 23
Pls.' Mot. for Prelim. Inj. Suppl. App. 001094
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 77 of 199 PageID 2361
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 77 of 199 PageID 2361

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S.
NAVY
SPECIAL
WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

JOSEPH R. BIDEN, JR., in his official
capacity as President of the United States of
America;
LLOYD
J.
AUSTIN,
III,
individually and in his official capacity as
United States Secretary of Defense; UNITED
STATES DEPARTMENT OF DEFENSE;
CARLOS DEL TORO, individually and in
his official capacity as United States Secretary
of the Navy,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 24

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 24, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on November 8, 2021.
3. My religious accommodation request is still pending.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001095
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 78 of 199 PageID 2362
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 78 of 199 PageID 2362

4. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
5. I have successfully deployed both since the pandemic began in March 2020 and since the
vaccine became available in December 2020.
6. Since the mandate was imposed, I have suffered significantly both physically and mentally.
I have been told by my leadership that I could get kicked out in 10 days after returning from the
holiday break and to be ready for that. As a result, I have experienced depression, lack of appetite,
lack of energy, weight loss, and even some eczema. My migraines have increased in intensity and
frequency.
7. I have had to work towards other means to provide for my family and to pay for my
financial obligations, all while performing my duties and responsibilities to the Navy.
8. My marriage and children have also suffered as a result of the unknown future that lies
ahead. Instead of rejoicing the birth of our Savior this holiday season, they are extremely stressed.
My wife is suffering from depression and anxiety. She relies on our medical insurance to cover
her medications and therapy access.
9. I attended SEAL Delivery Vehicle school and SDV instructors talked about non-
vaccinated individuals as if they are ill. Being unvaccinated had no impact on my performance or
completion of the qualification, and I did not pose a risk to the other students or cadre over a 2-
month time period.
10. I have not changed any of my daily habits at work. The only difference is that I have been
moved from Maritime division and placed into Operations "while we wait to see what happens.”
I now work in a strictly administrative vocation as I am no longer allowed to travel to our biggest
Pls.' Mot. for Prelim. Inj. Suppl. App. 001096
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 79 of 199 PageID 2363
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 79 of 199 PageID 2363

training block of the year to Keyport, WA. I was there during the COVID outbreak of 2020 and
was instrumental in minimizing the health and increasing the safety of the men while implementing
safeguards to continue training.
11. This year I am not allowed to go back, and I was placed in another working role for a
different office at the command even though I went to Kodiak, AK back in March and sled testing
in Panama Beach, FL in June of this year where there were no mask mandates or restrictions
compared to Hawaii, where I am stationed. No COVID measures were taken and no incidences to
report.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.
/s/ U.S. Navy SEAL 24

U.S. Navy SEAL 24

Pls.' Mot. for Prelim. Inj. Suppl. App. 001097
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 80 of 199 PageID 2364
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 80 of 199 PageID 2364

Tab 24
Pls.' Mot. for Prelim. Inj. Suppl. App. 001098
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 81 of 199 PageID 2365
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 81 of 199 PageID 2365

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SEAL 25

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 25, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my Command on October 14,
2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001099
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 82 of 199 PageID 2366
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 82 of 199 PageID 2366

3. My religious accommodation request is still pending. I have received no information as to
when a decision will be made on my request. I am not aware of any Navy service member who
has received a final decision on their religious accommodation request.
4. I have been removed from my platoon for not having the vaccine and placed into the
operations department doing tasks such as sweeping, mopping, and sitting on a transport boat. I
had to turn in my operations gear and have been asked to keep my distance from members of my
previous platoons.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SEAL 25

U.S. Navy SEAL 25

Pls.' Mot. for Prelim. Inj. Suppl. App. 001100
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 83 of 199 PageID 2367
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 83 of 199 PageID 2367

Tab 25
Pls.' Mot. for Prelim. Inj. Suppl. App. 001101
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 84 of 199 PageID 2368
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 84 of 199 PageID 2368

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S NAVY SEAL 26

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 26, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 21, 2021.
3. My religious accommodation request was denied on December 1, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001102
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 85 of 199 PageID 2369
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 85 of 199 PageID 2369

4. I appealed that decision on December 6, 2021, and I submitted a reformatted version on
December 14, 2021.
5. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
6. I have deployed since the pandemic began in March 2020.
7. Prior to the vaccine mandate, on October 2020, I contracted COVID-19 during a
deployment. We were training partner forces indoors in close quarters. I was the medic that
communicated care to those who tested positive for COVID-19. Most illnesses were resolved in
three days and everyone recovered completely.
8. Since submitting my religious accommodation request, I was denied access to command
family day, even though it was held at a civilian outdoor water park. I have also been denied
training opportunities and will be required to conduct weekly mandatory asymptomatic testing
when I return from leave.
9. I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on December 16, 2021.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 15, 2021.

/s/ U.S. Navy SEAL 26

U.S. Navy SEAL 26

Pls.' Mot. for Prelim. Inj. Suppl. App. 001103
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 86 of 199 PageID 2370
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 86 of 199 PageID 2370

Tab 26
Pls.' Mot. for Prelim. Inj. Suppl. App. 001104
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 87 of 199 PageID 2371
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 87 of 199 PageID 2371

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMAN 1

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Special Warfare Combatant Craft Crewman
(“SWCC”) 1, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation request dated September 19, 2021 explains the reasons why
my sincerely held religious beliefs are burdened by the Navy’s COVID-19 vaccination
requirement.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001105
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 88 of 199 PageID 2372
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 88 of 199 PageID 2372

3. On September 28, 2021, the Chaplain endorsed my request for a religious accommodation
after I spoke with him and explained the reasons why the COVID-19 vaccine requirement placed
a substantial burden on my sincerely held religious beliefs.
4. My religious accommodation package was submitted on September 28, 2021.
5. My religious accommodation request is currently pending, and I have received no
information as to when I will receive a final decision on my accommodation request. I have not
heard of anyone in the Navy who has received a final decision on their request.
6. In early 2020, when the COVID-19 pandemic began, I was a Trainer in our N5 Training
Department at Special Boat Team 22. I observed, instructed, and qualified Boat Captains and
gunners during this time period, as well as teaching SOC-R tactics, and various courses of
instruction.
7. In August 2020, I separated from SBT-22 to attend a virtual class to become a qualified
Navy High Risk Instructor. Since then, I have served as an Instructor, training small unit tactics
and individual shooter skills consisting of Shooter Fundamentals, Land Warfare (Fire & Maneuver
or FM), Convoy/Mobility, Close Quarters Combat (CQC), Combatives, Special Operations Urban
Combat (SOUC), and Designated Defensive Marksman (DDM). Additionally, I am the sole
representative at our command responsible for maintaining training vehicles, ordering parts, filing
paperwork for accidents, managing and submitting fuel receipts, and vehicle check-out for troops
in training. My duties have not changed post-mandate. The only variable has been COVID
mitigation procedures, which include initial stand down, masking, social distancing, COVID
symptom screening, restricted travel, restricted activity, and now being treated as if dangerous or
unclean.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001106
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 89 of 199 PageID 2373
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 89 of 199 PageID 2373

8. Because I am unvaccinated, I was recently removed from two training trips. I am also not
being considered for future training trips in January 2022 or an instructor certification in
“Combatives.”
9. As a result of the vaccine mandate, I have been speaking with the Command Psychologist.
The way the Navy has handled the requirement for all Servicemembers to be vaccinated has caused
me significant stress, which continues to affect me in many ways.
10. When I was initially informed about the COVID-19 vaccine requirement, my wife
expressed her feelings of neglect due to the lack of time I spent with her, the lack of attention I
gave her, my inability to converse with her in a meaningful way, and my disregard for anything
unrelated to COVID and the potential adverse consequences I may suffer.
11. I am currently experiencing sleep deprivation and having nightmares regarding the adverse
consequences that could result from my refusal to get vaccinated. I have grave fears about losing
my job, being court-martialed, being issued nonjudicial punishment, and the possibility of my
marriage ending because the stress is too much to bear.
12. I have lost significant interest in doing the things I love because I have been consumed by
instruction, law, and news articles regarding the COVID-19 vaccine requirement.
13. I am task-saturated at work and at home because I spend much of my time worrying about
the range of adverse consequences I may suffer as a result of my decision to not get vaccinated.
My thoughts are consumed with whatever information I receive throughout the day regarding the
potential consequences I may face or new guidance implemented for those who refuse to be
vaccinated. The latest guidance, NAVADMIN 283/21 dated December 15, 2021, provides, in part,
that those who refuse the vaccine will be processed for separation as soon as practicable based on
misconduct.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001107
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 90 of 199 PageID 2374
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 90 of 199 PageID 2374

https://www.mynavyhr.navy.mil/Portals/55/Messages/NAVADMIN/NAV2021/NAV21283.txt?v
er=nNhu1nrr-3hkdLrBAZ_aKg%3d%3d
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.
/s/ U.S. Navy SWCC 1

U.S. Navy SWCC 1

Pls.' Mot. for Prelim. Inj. Suppl. App. 001108
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 91 of 199 PageID 2375
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 91 of 199 PageID 2375

Tab 27
Pls.' Mot. for Prelim. Inj. Suppl. App. 001109
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 92 of 199 PageID 2376
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 92 of 199 PageID 2376

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMAN 2

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Special Warfare Combatant Craft Crewman
(“SWCC”) 2, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my Command in October of 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001110
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 93 of 199 PageID 2377
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 93 of 199 PageID 2377

3. My religious accommodation request is still pending. I have received no information as to
when a decision will be made on my request. I am not aware of any Navy service member who
has received a final decision on their religious accommodation request.
4. I have successfully deployed both since the pandemic began in March 2020 and since the
vaccine became available in December 2020.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy SWCC 2

U.S. Navy SWCC 2

Pls.' Mot. for Prelim. Inj. Suppl. App. 001111
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 94 of 199 PageID 2378
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 94 of 199 PageID 2378

Tab 28
Pls.' Mot. for Prelim. Inj. Suppl. App. 001112
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 95 of 199 PageID 2379
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 95 of 199 PageID 2379

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMAN 3

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Special Warfare Combatant Craft Crewman
(“SWCC”) 3, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 20, 2021.
3. My religious accommodation request is still pending.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001113
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 96 of 199 PageID 2380
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 96 of 199 PageID 2380

4. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final
decision on their request.
5. This mandate/lawsuit has created a significant amount of stress for me and my wife. I have
been dealing with some serious depression because of the added stress to our lives and it has put
such a strain on our marriage, we are looking into marriage counseling. The stress of not knowing
what will happen to my career, reputation, benefits, family life, etc., has been very difficult to deal
with.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 15, 2021.

/s/ U.S. Navy SWCC 3

U.S. Navy SWCC 3

Pls.' Mot. for Prelim. Inj. Suppl. App. 001114
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 97 of 199 PageID 2381
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 97 of 199 PageID 2381

Tab 29
Pls.' Mot. for Prelim. Inj. Suppl. App. 001115
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 98 of 199 PageID 2382
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 98 of 199 PageID 2382

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S.
NAVY
SPECIAL
WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

JOSEPH R. BIDEN, JR., in his official
capacity as President of the United States of
America;
LLOYD
J.
AUSTIN,
III,
individually and in his official capacity as
United States Secretary of Defense; UNITED
STATES DEPARTMENT OF DEFENSE;
CARLOS DEL TORO, individually and in
his official capacity as United States Secretary
of the Navy,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMAN 4

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Special Warfare Combatant Craft Crewman
(“SWCC”) 4, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 5, 2021.
3. I received the denial of my religious accommodation request on December 7, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001116
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 99 of 199 PageID 2383
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 99 of 199 PageID 2383

4. I appealed that decision on December 10, 2021.
5. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
6. I have successfully deployed both since the pandemic began in March of 2020 and since
the vaccine became available in December of 2020.
7. Being unvaccinated has yet to hinder my abilities to perform my duties as a SWCC. My
vaccination status has also not affected those I work closely with on a daily basis.
8. In March 2020, when COVID measures began, I was serving my LPO tour in a Coastal
Troop. We had just entered our Unit Level Training (ULT) block and implemented the following
measures: social distance when appropriate, mask wearing when inside of 6 feet for more than 15
mins at a time, as well as, testing only when symptomatic. Through these unrestrictive measures,
our Troop was able to successfully complete the 6-month ULT, including but not limited to, over
2,500 NM of open ocean navigation, expenditure of over two hundred and fifty thousand rounds
of ammunition, dozens of high-risk evolutions and refinement of both SOP’s and TTP’s. At no
point were we unable to complete a block of training due to COVID-19 infections.
9. Immediately following the 6-month ULT, our Troop proceeded to move on to the next
training phase, a 6-month Task Group Integration training block. This training block entailed
travel to many different locations and working with other units across the US. It culminated with
an Exercise on the opposite coast. At no point did COVID-19 impact our mission readiness.
10. Finally, we completed a 6-month deployment where we consistently maintained mission
capable readiness while utilizing the measures mentioned above. Also, I was present at a Task
Pls.' Mot. for Prelim. Inj. Suppl. App. 001117
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 100 of 199 PageID 2384
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 100 of 199 PageID 2384

Group headquarters to brief commanders on MICON development and achieving the CNO Lines
of Efforts, working in close proximity with people and COVID did not affect mission readiness.
11. Because my request for a religious accommodation made me potentially non-deployable,
I am not being considered for a desirable and career-enhancing leadership position.
12. Since submitting my religious accommodation request, many areas of my life have been
affected. I have anxiety about what is going to happen to me as a service member and, as a result,
I gained weight. I was on deployment recently and came home to my newborn son. I could barely
enjoy being at home because I was constantly researching how to avoid punishment and separation
from the Navy. For the first time in 10 years of serving, I saw a mental health counselor about the
effects this situation is having on me and how this entire experience has negatively impacted my
life in a significant way.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. NAVY SWCC 4

U.S. Navy SWCC 4

Pls.' Mot. for Prelim. Inj. Suppl. App. 001118
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 101 of 199 PageID 2385
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 101 of 199 PageID 2385

Tab 30
Pls.' Mot. for Prelim. Inj. Suppl. App. 001119
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 102 of 199 PageID 2386
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 102 of 199 PageID 2386

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMAN 5

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Special Warfare Combatant Craft Crewman
(“SWCC”) 5, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on September 24, 2021.
3. The denial of my religious accommodation request was issued on December 14, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001120
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 103 of 199 PageID 2387
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 103 of 199 PageID 2387

4. As of this date, I am currently preparing my appeal of that decision and plan to submit
within the deadline presented to me.
5. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final
decision on their request.
6. I have been serving as the NSWG4 Detachment Stennis LPO before and after the
mandate, which included teaching and facilitating small unit tactics for SEAL officers and
SWCC operators across the three Special Boat Teams. I work alongside and oversee training
with civilian contractors and active-duty personnel alike. Throughout this period, we have
overcome teleworking, breakouts of COVID cases, schedule changes and incorporated all Navy
and CDC mitigating procedures to adapt and overcome hurdles to successfully provide training
for operators.
7. Prior to the mandate but during the pandemic, I have been able to travel on training trips
and perform the full scope of my duties with minimal negative impact to the mission. I have not
deployed since September 2017.
8. Since submitting my religious accommodation request, I am precluded from participating
in any training trips that will incur a cost to the command. On October 4, 2021 I was pulled from
a training event and issued a counseling stating I was in violation of the NAVADMIN 190/21 by
remaining unvaccinated after the first dose deadline. I explained that I had pending religious and
medical waivers in place and that the NAVADMIN clearly states that I am temporarily exempt
from counseling while on a temporary waiver status.
9. The direct impact to me personally is increased stress for my spouse and myself. I have
been personally consumed by this and have experienced loss of sleep, loss of appetite, feelings of
Pls.' Mot. for Prelim. Inj. Suppl. App. 001121
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 104 of 199 PageID 2388
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 104 of 199 PageID 2388

anxiety, hopelessness, fear, and anger. At times, this has negatively impacted my relationships at
home. I have seen the base Chaplain for one-on-one sessions at his office as well as marriage
counseling in order to find hope and strength through this difficult time. My chain of command
expressed concerns that I probably am experiencing stress, paranoia, and frustration over this
situation in which I agreed.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 15, 2021.

/s/ U.S. Navy SWCC 5

U.S. Navy SWCC 5

Pls.' Mot. for Prelim. Inj. Suppl. App. 001122
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 105 of 199 PageID 2389
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 105 of 199 PageID 2389

Tab 31
Pls.' Mot. for Prelim. Inj. Suppl. App. 001123
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 106 of 199 PageID 2390
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 106 of 199 PageID 2390

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Explosive Ordnance Disposal Technician
(“EOD”) 1, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I submitted my religious accommodation package to my command on August 17, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001124
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 107 of 199 PageID 2391
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 107 of 199 PageID 2391

3. The denial of my religious accommodation request was delivered to me on October 8,
2021.
4. I appealed that decision on October 21, 2021, and I am presently awaiting a determination
on appeal.
5. I have received no information as to when I will receive a final decision on my
accommodation request. I have not heard of anyone in the Navy who has received a final decision
on their request.
6. Prior to the COVID-19 vaccine mandate, I successfully deployed overseas to South Korea
from January 2020 to June 2020 during much of the COVID-19 pandemic in support of Special
Operations Command Korea. My primary mission was to train partner forces, but I had multiple
secondary objectives that I cannot mention without proper clearance. I have a deployment award
stating that all training was accomplished while safely mitigating COVID-19. My team had zero
health impacts from COVID. This was during the time South Korea was experiencing one of the
largest COVID surges in the world.
7. From April - November 2021, my primary duty was the Tools and Methods Division Non-
Commissioned Officer in Charge (NCOIC) at NAVSCOLEOD. This is the senior enlisted position
within the division and is mainly administrative. However, I was regularly instructing students
indoors and outdoors while adhering to COVID mitigation procedures. My staff consisted of 9
military members, 2 contractors, and 1 GS employee. Student throughput was 4 classes a month
ranging from 20-25 students. These classes are multi-service, as Navy EOD school is the primary
school for DOD EOD training. During my time as NCOIC, we had zero COVID impacts within
the division. This was due to our strict adherence to CDC protocol and the fact that my division
conducted training mostly outside.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001125
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 108 of 199 PageID 2392
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 108 of 199 PageID 2392

8. My primary collateral duty aside from my NCOIC responsibilities was Proctor
Coordinator. As such, I oversaw the proctor program for approximately 400 Navy students in
training. I administered our Physical Screening Tests (PST) twice a month to all incoming and
current students at the command. During those events there were zero impacts from COVID. Prior
to my arrival at the command, PSTs were not being conducted. However, I reinvigorated the PST
program and re-established the physical standards that our community holds in high regard all
while successfully managing COVID protocols.
9. Post-COVID-19 vaccine mandate, I was still functioning as the division NCOIC until
November 15, 2021. At that point, I was replaced. I am now solely an instructor and teach students
outdoors only. I have also turned over my responsibilities as Proctor Coordinator. This was not
at the order of the Commanding Officer but due to a good friend of mine who is responsible for
staffing at NAVSCOLEOD. He replaced me as the NCOIC to give me time to get my life squared
away outside of the Navy in the event that the execution of separation was swift. It was my
decision and action to turn over the Proctor program. I did this to ensure a proper turnover was
completed and that the students were taken care of. I did not want to get separated and leave the
program unattended.
10. In August of 2020, I was essentially told that even if my religious accommodation
request was approved, I could never hold another position within an operational command. I
advised my Commanding Officer (CO) that this was incorrect because there are plenty of other
billets that would not require me to deploy where I could still train other EOD technicians and be
an asset to the community. In fact, another person in my prior command was retained in the
community and transferred to another billet after having an inappropriate relationship. I vaguely
Pls.' Mot. for Prelim. Inj. Suppl. App. 001126
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 109 of 199 PageID 2393
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 109 of 199 PageID 2393

brought this up to my CO and asked how an immoral act can result in retention and my righteous
and sincerely held belief result in separation.
11. I have experienced significant stress as a result of this situation since July of 2021. At
that time, my daughter had been born a few weeks prior and I had recently bought a house. I
withheld all of my anxiety until I could no longer handle the stress of having a newborn, a four-
year old, and being the primary provider for my family. For the first time in my career, I went
to speak with someone about my stress. I was being told this would probably be a swift action.
I could be separated prior to Christmas. I talked to a psychiatrist every two weeks starting in
October of 2021 and began doing yoga as directed by the psychiatrist. The hefty amount of
responsibility was weighing heavily on me. It affected my wife and I for awhile. While I have
made peace with my decision, my financial concerns are significant.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy EOD 1

U.S. Navy EOD 1

Pls.' Mot. for Prelim. Inj. Suppl. App. 001127
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 110 of 199 PageID 2394
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 110 of 199 PageID 2394

Tab 32
Pls.' Mot. for Prelim. Inj. Suppl. App. 001128
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 111 of 199 PageID 2395
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 111 of 199 PageID 2395

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY DIVER 1

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Diver 1, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted on October 16, 2021.
3. My religious accommodation request was denied on December 4, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001129
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 112 of 199 PageID 2396
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 112 of 199 PageID 2396

4. As of this date, I am currently preparing my appeal of that decision and plan to submit
within the deadline I was given.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 16, 2021.

/s/ U.S. Navy Diver 1

U.S. Navy Diver 1

Pls.' Mot. for Prelim. Inj. Suppl. App. 001130
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 113 of 199 PageID 2397
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 113 of 199 PageID 2397

Tab 33
Pls.' Mot. for Prelim. Inj. Suppl. App. 001131
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 114 of 199 PageID 2398
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 114 of 199 PageID 2398

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF U.S. NAVY DIVER 2

Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Diver 2, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. My religious accommodation package was submitted to my Command on October 7, 2021.
3. I was notified on December 3, 2021, that my religious accommodation request was denied.
4. I appealed that decision on December 7, 2021.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001132
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 115 of 199 PageID 2399
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 115 of 199 PageID 2399

5. I have received no information as to when my appeal will be decided. I am not aware of
any Navy service member who has received a final decision on their religious accommodation
request.
6. When the vaccine mandate was implemented, before I submitted a religious
accommodation request, I requested to speak with a JAG regarding the written counseling I was
issued for not receiving the vaccine. I was told I was unable to speak with the JAG. I then
requested to speak with a Chaplain. As soon as I did this, I was placed in legal hold for refusing
to obey a lawful order. I was also told I would not be able to execute my orders to SDV 1.
7. Later in the day, I was told I had to sign the written counseling or face an article 92, which
is a punitive article for failure to obey an order. I, again, requested the counsel of a JAG before I
would sign anything. I was told it was too late for that, and I had no choice but to sign the written
counseling.
8. During my meeting with the XO and CMC, I was told I had to sign an Article 31B, which
is a document put out by the Department of the Navy entitled Military Suspects Acknowledgement
And Waiver Of Rights. I was told on at least three separate occasions that I had to sign this
document to be able to talk to legal counsel and that if I did not sign it, they would sign it for me.
9. Since submitting my religious exemption request. I have been working in supply, cleaning
equipment that is used at ECS (Expeditionary Combat School). I personally view this as
punishment because of my vaccination status. ECS is a required school that I need to complete. I
was supposed to be here for 4 weeks, and I have been here for almost 4 months. In addition to this,
I am the only service member required to wear a mask, and I am the only person required to route
a special request chit to the Commanding Officer in order to leave the base.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001133
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 116 of 199 PageID 2400
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 116 of 199 PageID 2400

10. Before the vaccine mandate, I was in Navy Diver School in Panama City Beach, Florida.
I graduated at the top of my class. I was able to pick my dream orders of SDV 1 in Hawaii. If the
mandate did not go into effect, I would have been in Hawaii at SDV 1 for the past 3 months
working in the job I was trained to do for the past seven months.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on December 16, 2021.

/s/ U.S. Navy Diver 2

U.S. Navy Diver 2

Pls.' Mot. for Prelim. Inj. Suppl. App. 001134
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 117 of 199 PageID 2401
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 117 of 199 PageID 2401

Tab 34
Pls.' Mot. for Prelim. Inj. Suppl. App. 001135
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26;

U.S. NAVY SPECIAL WARFARE
COMBATANT CRAFT CREWMEN 1-5;

U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1; and

U.S. NAVY DIVERS 1-3,

Plaintiffs,

Defendants.

Case No. 4:21-cv-01236-O

SUPPLEMENTAL DECLARATION OF MICHAEL D. BERRY

Pursuant to 28 U.S.C. § 1746, I, Michael D. Berry, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I am one of the attorneys of record for the Plaintiffs in this matter.
3. The information contained in this declaration is based on my personal knowledge.
4. Attached as Exhibit 1 to this declaration is a true and correct copy of NAVADMIN 283/21,
“CCDA Execution Guidance to Commanders” (Dec. 15, 2021).
Pls.' Mot. for Prelim. Inj. Suppl. App. 001136
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5. Attached as Exhibit 2 to this declaration is a true and correct copy of Konstantin Toropin,
“The Navy Is Getting Ready to Boot Vaccine Refusers, But Is Offering an Olive Branch,”
Military.com (Dec. 15, 2021).
6. Attached as Exhibit 3 to this declaration is a true and correct copy of Lolita C. Baldor, “Air
Force Discharges 27 for Refusal to Get COVID Vaccine,” Associated Press (Dec. 13, 2021).
7. Attached as Exhibit 4 to this declaration is a true and correct copy of Secretary of Defense,
Memorandum, “Force Health Protection Guidance (Supplement 23) Revision 2 – Department of
Defense Guidance for Coronavirus Disease 2019 Vaccination Attestation, Screening Testing, and
Vaccination Verification” (Oct. 29, 2021).
8. Attached as Exhibit 5 to this declaration is a true and correct copy of Ctrs. For Disease
Control & Prevention, Delta Variant: What We Know About the Science (Aug. 26, 2021).
9. Attached as Exhibit 6 to this declaration is a true and correct copy of Ctrs. for Disease
Control & Prevention, “Johnson & Johnson’s Janssen, How Well the Vaccine Works” (updated
Oct. 29, 2021).
10. Attached as Exhibit 7 to this declaration is a true and correct copy of Philip Athey, “103
Marines Already Separated for Refusing COVID-19 Vaccine,” Marinecorpstimes.com (December
16, 2021).
11. Attached as Exhibit 8 to this declaration is a true and correct copy of Valerie Insinna,
“Pentagon Stops Implementing Vaccine Mandate for Defense Contractors,” Breakingdefense.com
(Dec. 14, 2021).

Pls.' Mot. for Prelim. Inj. Suppl. App. 001137
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I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on December 17, 2021.

/s/Michael D. Berry

MICHAEL D. BERRY
Pls.' Mot. for Prelim. Inj. Suppl. App. 001138
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Exhibit 1
Pls.' Mot. for Prelim. Inj. Suppl. App. 001139
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 122 of 199 PageID 2406

CLASSIFICATION: UNCLASSIFIED//

Generated by OIX GATEWAY NORFOLK VA. Only authorized users may reply.

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NAVADMIN 283/21

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NARR/REF A IS NAVADMIN 190/21, 2021-2022 NAVY MANDATORY COVID-19
VACCINATION AND REPORTING POLICY.
REF B IS NAVADMIN 225/21, COVID-19 CONSOLIDATED DISPOSITION
AUTHORITY (CCDA).
REF C IS NAVADMIN 256/21, CCDA GUIDANCE TO COMMANDERS.
REF D IS THE SECRETARY OF THE DEFENSE MEMO MANDATING CORONAVIRUS
DISEASE 2019 VACCINATION FOR DEPARTMENT OF DEFENSE SERVICE MEMBERS.
REF E IS ALNAV 062/21, 2021-2022 DEPARTMENT OF THE NAVY MANDATORY
Pls.' Mot. for Prelim. Inj. Suppl. App. 001140
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COVID-19 VACCINATION POLICY.
REF F IS SECNAVINST 1920.6D, ADMINISTRATIVE SEPARATION OF OFFICERS.
REF G IS MILPERSMAN 1611-010, OFFICER PERFORMANCE AND SEPARATIONS
FOR CAUSE.
REF H IS MILPERSMAN 1910-142, SEPARATION BY REASON OF MISCONDUCT -
COMMISSION OF A SERIOUS OFFENSE.
REF I IS MILPERSMAN 1910-233, MANDATORY SEPARATION PROCESSING.
REF J IS MILPERSMAN 1910-010, ENLISTED ADMINISTRATIVE SEPARATION
(ADSEP) POLICY AND GENERAL INFORMATION.
REF K IS NAVADMIN 249/21, CCDA DATA REPORTING REQUIREMENTS.
REF L IS 10 U.S. CODE SECTION 8330, ENLISTED MEMBERS: TRANSFER TO
FLEET RESERVE AND FLEET MARINE CORPS RESERVE; RETAINER PAY.
REF M IS 10 U.S. CODE SECTION 8326, ENLISTED MEMBERS: 30 YEARS.
REF N IS 10 U.S. CODE SECTION 1370, REGULAR COMMISSIONED OFFICERS.
REF O IS NAVADMIN 268/21, REQUIRED COVID-19 TESTING FOR UNVACCINATED
SERVICE MEMBERS.
REF P IS SECRETARY OF DEFENSE MEMO ADDRESSING CORONAVIRUS DISEASE
2019 VACCINATION FOR MEMBERS OF THE NATIONAL GUARD AND THE READY
RESERVE.
REF Q IS 10 U.S. CODE SECTION 8323, OFFICERS: 20 YEARS.
REF R IS 10 U.S. CODE SECTION 12731, AGE AND SERVICE REQUIREMENTS.
REF S IS BUPERSINST 1730.11A, STANDARDS AND PROCEDURES GOVERNING THE
ACCOMMODATION OF RELIGIOUS PRACTICES.
REF T IS MILPERSMAN 1730-020, IMMUNIZATION EXEMPTIONS FOR RELIGIOUS
BELIEFS.
REF U IS BUMEDINST 6230.15B, IMMUNIZATIONS AND CHEMOPROPHYLAXIS FOR
THE PREVENTION OF INFECTIOUS DISEASE.

RMKS/1. Purpose. Since we are now past the last date that any Navy
service member may receive the vaccine and meet the deadlines
specified in reference (a), this NAVADMIN provides execution
guidance regarding separation of Navy service members refusing the
COVID-19 vaccine as directed in references (a) through (e).

2. Policy. In order to ensure a fully vaccinated force, U.S. Navy
policy is, first, that all Navy service members receive the vaccine
as directed and, second, that any who refuse the vaccine be
processed for separation at the earliest possible opportunity.
While the vast majority of Navy service members have already
received the vaccine, it remains in the interest of the Navy to
encourage remaining Navy service members to become fully vaccinated
as soon as possible and, at such time, consider them for retention.
Regarding those who refuse the vaccine, the following policy will be
implemented to maximize speed and equity in achieving a fully
vaccinated force:

2.a. Navy service members eligible or approved to separate or
retire on or before 1 June 2022. Upon request, permit separation or
retirement (as applicable) as soon as practicable via expedited
processes, in lieu of administrative separation processing. Barring
extenuating circumstances, this will result in an HONORABLE
characterization of service.

Pls.' Mot. for Prelim. Inj. Suppl. App. 001141
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2.b. Navy service members not eligible to separate or retire on or
before 1 June 2022: Process for administrative separation as soon
as practicable based on misconduct.

2.b.(1). Less than 6 years of service: Process for separation with
an HONORABLE characterization. Service members in this category are
not entitled to an Administrative Separation (ADSEP) board or a
Board of Inquiry.

2.b.(2). More than 6 years of service: Process for separation with
a GENERAL (under honorable conditions) characterization, however,
requests to waive Administrative Separation boards or Boards of
Inquiry in exchange for HONORABLE characterization of service will
generally be favorably endorsed (barring additional misconduct or
unique circumstances).

2.c. The separation guidance in this NAVADMIN applies to active
duty, full time support (FTS)/training and administration of the
reserve (TAR), and selected reserve (SELRES) Navy service members
refusing the vaccine. Paragraph 6, below, provides additional
guidance regarding Navy Reserve service members refusing the
vaccine. Navy service members in the Individual Ready Reserve
(IRR), as well as U.S. Naval Academy (USNA) and Naval Reserve
Officers Training Corps (ROTC) midshipmen remain subject to the
vaccine mandates in references (a), (d), and (e), but will be
processed per their governing instructions.

3. Action. Commanders are now directed to conduct separation
processing IAW this NAVADMIN and per references (f) through (j).
3.a. If a Navy service member refusing the vaccine changes their
mind and subsequently receives the vaccine, but cannot meet the
deadline specified in references (a) and (e), Commanders must
expeditiously report that fact to the COVID Consolidated Disposition
Authority (CCDA) via *PERS-834(at)navy.mil* for officers and
*832vaccineadseps.fct(at)navy.mil* for enlisted, in order to
expedite determination regarding pausing or permanently waiving the
administrative actions directed by references (b), (c) and this
NAVADMIN. Commanders are reminded to update the data required by
reference (k) in such cases.

3.b. Separation processing for Navy service members refusing the
vaccine will be IAW this NAVADMIN. Where the terms of this NAVADMIN
regarding separation processing conflict with references (a) through
(c), this NAVADMIN supersedes and replaces that previous guidance.
However, unless specifically waived by the CCDA based on receiving
the vaccine, all other administrative actions associated with
vaccine refusal described in references (b) and (c) including but
not limited to pay, promotion/advancement, fitness
reports/evaluations, etc. continue to apply in all cases of Navy
service members refusing the vaccine.

3.c. Officer and enlisted service members separated based on
vaccine refusal will not be eligible for involuntary separation pay.
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3.d. Officers separated based on vaccine refusal who have not
completed a service obligation incurred by attending the U.S. Naval
Academy, receipt of a Naval Reserve Officers Training Corps
Scholarship, or receipt of other advanced education funds will be
required to repay their educational expenses IAW existing
agreements.

3.e. The command endorsement section of separation requests
processed in NSIPS per this NAVADMIN must clearly indicate *COVID-19
VACCINE REFUSAL* and Commanders must closely monitor progress and
results throughout the process.

3.f. Navy service members with approved or pending COVID-19
vaccination exemption requests shall not be processed for separation
per this NAVADMIN. Navy service members whose COVID-19 vaccination
exemption request is subsequently denied are required to receive the
COVID-19 vaccine as directed by the exemption adjudicating authority
or if the exemption adjudicating authority does not specify,
commence vaccination within 5 days of being notified of the denial.
Navy service members who subsequently refuse the COVID-19 vaccine
after expiration of the specified time to commence vaccination will
be processed for separation per this NAVADMIN. Commanders are
reminded to update the data required by reference (k) in such cases.

3.g. Any officer or enlisted service member refusing the vaccine
who has a currently-approved separation or retirement (as of the
date of this NAVADMIN) for a date on or before 1 June 2022 will be
permitted to execute their separation or retirement without
additional administrative separation processing described below.

3.h. For the purposes of this message, use of the word *retirement*
in the case of enlisted personnel should be read to include transfer
to the fleet reserve, when eligible.

4. Officer Processing: Except as provided in paragraph 3.g, the
CCDA, as the show cause authority, has directed mandatory show cause
processing for all officers who refuse the vaccine IAW reference (f)
on the bases of Misconduct, Moral or Professional Dereliction, and
Substandard Performance.

4.a. Commanders shall delay submitting a report of misconduct for
officers who are beyond their minimum service requirement (MSR) to
determine if they are eligible and desire to request an unqualified
retirement or resignation in line with para 2.a. For officers who
are not eligible and/or do not desire to request to retire or resign
on or before 1 June 2022, Commanders shall initiate processing for
separation by submitting a report of misconduct to Commander, Navy
Personnel Command (PERS-834) per reference (g) as soon as
practicable, but not later than 21 January 2022. The template for
this report may be found at *https://www.mnp.navy.mil/group/navy-
covid-19-reporting*. For officers who are eligible, request and are
command sponsored (via NSIPS) to retire or resign on or before 1
Pls.' Mot. for Prelim. Inj. Suppl. App. 001143
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June 2022, reports of misconduct are not required. However, if
requests for retirement or resignation are disapproved by higher
authority, the provisions of this paragraph regarding required
reports of misconduct and officer show cause will again apply. In
those cases, reports of misconduct must be initiated within 5 days
of retirement or resignation disapproval.

4.a.(1). Unqualified resignation or retirement requests in line
with this paragraph must be submitted no later than 21 January 2022
with a separation date no later than 1 June 2022.

4.a.(2). Officers who have not met all Time in Grade (TIG)
requirements will not be recommended for a TIG waiver and will be
recommended to retire at the next lower grade in which the officer
served on active duty satisfactorily.

4.a.(3). Officers with prior enlisted service, more than 20 years
of active service, and less than 10 years of commissioned service
(YCS) are not qualified for a regular officer retirement, but will
be permitted to resign their commission and reenlist in the highest
enlisted paygrade previously held for the sole purpose of retiring
IAW references (l) and (m).

4.a.(4). In cases where an officer is notified after 7 January 2022
that their exemption request was denied and continues to refuse the
vaccine, that officer will be provided 14 days from the date of such
notification to request resignation or retirement in line with
paragraph 4.a. above, if they are eligible and desire to make such a
request. Such requests must still ensure resignation or retirement
on or before 1 June 2022.

4.b. Eligible. An officer eligible to resign is, generally, one
who has completed or will complete their minimum service requirement
on or before 1 June 2022. An officer eligible to retire is,
generally, one who has completed or will complete at least 20 years
of service on or before 1 June 2022. Additional service obligation
incurred due to such Navy benefits as education and bonuses may be
waived, at the discretion of the CCDA or higher authority, in
exchange for agreement to repay any unearned portion of the benefit.
Each case will be individually adjudicated for final determination.

4.c. Probationary Officers (as defined in reference (f), but
generally less than 6 years of commissioned service).

4.c.(1). Except as provided in paragraphs 3.g. and 4.a.,
probationary officers who refuse the vaccine will be directed to
show cause for retention by notification procedures. The least
favorable characterization of service shall be HONORABLE, unless
inclusion of another basis for separation warrants a less favorable
characterization. The show cause authority will direct processing
after receiving reports of misconduct.

4.c.(2). Once notification is complete IAW reference (f) enclosure
Pls.' Mot. for Prelim. Inj. Suppl. App. 001144
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11, the matter will be submitted to the Secretary of the Navy for
final adjudication.

4.d. Non-Probationary Officers (as defined in reference (f), but
generally greater than 6 years of commissioned service).

4.d.(1). Except as provided in paragraphs 3.g. and 4.a., non-
probationary officers who refuse the vaccine will be directed to
show cause for retention by Board of Inquiry procedures. The least
favorable characterization of service directed for consideration
will be GENERAL (under honorable conditions), unless inclusion of
another basis for separation warrants a less favorable
characterization.

4.d.(2). Non-probationary officers who refuse the vaccine who will
not be retirement or resignation eligible on or before 1 June 2022,
will not have completed their MSR before 1 June 2022, are denied
requests for unqualified resignation/retirement, or who do not
prefer separation or retirement IAW with paragraph 4.a. above will,
in the course of show cause proceedings, be offered the opportunity
to submit a qualified resignation or, in some cases, a retirement
request, for discharge with an HONORABLE characterization of service
in exchange for waiving their right to a Board of Inquiry.

4.d.(2).(a). Qualified resignation or retirement requests under
this paragraph must be submitted no later than 14 days after
notification to the officer.

4.d.(2).(b). Officers requesting retirement under this paragraph
will be recommended to the Secretary of the Navy for retirement in
grade so long as time-in-grade requirements are met IAW references
(f) and (n).

4.d.(2).(c). Officers requesting retirement under this paragraph,
who have not met all TIG requirements will not be recommended for a
TIG waiver and will be recommended to retire at the next lower grade
in which the officer served on active duty satisfactorily.

4.d.(2).(d). Officers with prior enlisted service, more than 20
years of active service, and less than 10 years of commissioned
service (YCS) are not qualified for a regular officer retirement,
but will be permitted to resign their commission and reenlist in the
highest enlisted paygrade previously held for the sole purpose of
retiring IAW references (l) and (m).

4.d.(3). Non-probationary officers who refuse the vaccine who do
not avail themselves of the opportunities and options provided above
will be subject to show cause through Boards of Inquiry with GENERAL
(under honorable conditions) as the least favorable characterization
of service.

5. Enlisted Processing. Except as provided in paragraph 3.g., the
CCDA has directed that Commanders shall initiate the administrative
Pls.' Mot. for Prelim. Inj. Suppl. App. 001145
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separation process for all enlisted service members refusing the
vaccine under reference (h), Misconduct-Commission of a Serious
Offense, plus any additional basis known at the time of processing.
The provisions of reference (g) and MILPERSMAN 1910 (series) apply:
treat vaccine refusal cases as though they were listed in reference
(i).

5.a. Commanders shall delay initiating administrative separation
processing for enlisted service members who have greater than 20
years of service or have an end of active obligated service (EAOS)
on or before 1 June 2022 to determine if they are eligible and
desire to request separation or retirement in line with para 2.a.
For those who are not eligible and/or do not desire to make such a
request, initiate administrative separation processing as soon as
practicable, but not later than 21 January 2022. For those who are
eligible, request and are command sponsored to separate or retire on
or before 1 June 2022, administrative separation processing is not
required. However, if such requests are disapproved by higher
authority, the provisions of this paragraph requiring separation
processing will again apply. In those cases, administrative
separation processing must be initiated within 5 days of
disapproval.

5.a.(1). Separation or retirement requests in line with this
paragraph must be submitted no later than 21 January 2022.

5.a.(2). Enlisted service members with an expected EAOS on or
before 1 June 2022 may request such separation through use of the
Enlisted Personnel Action Request Form NAVPERS 1306/7. Requests may
be approved by Commanders as described in existing procedures.

5.a.(3). Enlisted service members retiring who submit a request IAW
this paragraph will be retired in grade so long as TIG requirements
are met.

5.a.(4). Enlisted service members who have not met all TIG
requirements will be ineligible for a TIG waiver and will be retired
at the next lower grade. Enlisted service members must include
their willingness to retire at a lower pay grade within their
request. Commanders must also provide a narrative in the comments
that the request is being submitted IAW this NAVADMIN.

5.a.(5). In cases where an enlisted service member is notified
after 7 January 2022 that their exemption request was denied and
continues to refuse the vaccine, that enlisted service member will
be provided 14 days from the date of such notification to request
separation or retirement in line with paragraph 5.a. above, if they
are eligible and desire to make such a request. Such requests must
still ensure separation or retirement on or before 1 June 2022.

5.b. Eligible. An enlisted service member eligible to separate is,
generally, one who will reach their EAOS on or before 1 June 2022.
An enlisted service member eligible to retire is, generally, one who
Pls.' Mot. for Prelim. Inj. Suppl. App. 001146
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has completed or will complete at least 20 years of service on or
before 1 June 2022. Additional service obligations incurred due to
such Navy benefits as education and bonuses may be waived, at the
discretion of the CCDA or higher authority, in exchange for
agreement to repay any unearned portion of the benefit. Each case
will be individually adjudicated for final determination.

5.c. Enlisted service members with less than 6 years of total
service (and/or reserve military service) at the time of
notification.

5.c.(1). Except as provided in paragraphs 3.g. and 5.a., enlisted
service members with less than 6 years of total service shall be
processed for separation using notification procedures. The least
favorable characterization of service shall be HONORABLE, unless
significant and persistent negative aspects of the members conduct
or performance of duty in the current enlistment outweigh positive
aspects of the members service record, or if inclusion of another
basis for separation warrants a less favorable characterization.

5.c.(2). Once the cognizant Commander completes notification,
commands shall endorse and forward to PERS-8 at
*832vaccineadseps.fct(at)navy.mil*, which will forward to the
applicable separation authority and then direct separation as
appropriate.

5.d. Enlisted service members with more than 6 years of total
service (and/or reserve military service) at the time of
notification.

5.d.(1). Except as provided in paragraphs 3.g. and 5.a., enlisted
service members with more than 6 years of total service shall be
processed using administrative board procedures. The least
favorable characterization of service shall be GENERAL (under
honorable conditions), unless inclusion of another basis for
separation warrants a less favorable characterization.

5.d.(2). Enlisted service members with more than 6 years of total
service who are not eligible for retirement, have an EAOS after 1
June 2022, are denied a request for separation or retirement, or who
do not prefer separation IAW with paragraph 5.a. above, may request
to conditionally waive an administrative separation board in
exchange for separation or retirement (as applicable) with an
HONORABLE characterization of service.

5.d.(2).(a). Conditional waiver requests for separation or
retirement must be received by the Commander no later than 14 days
after notification.

5.d.(2).(b). Unless there are extenuating circumstances, the
Commander will favorably endorse the conditional waiver request and
forward to PERS 8 at *832vaccineadseps.fct(at)navy.mil*, which will
forward to the applicable separation authority and then direct
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separation as appropriate. Commanders should generally disapprove a
conditional waiver only where additional misconduct (other than
vaccine refusal) is present.

5.d.(3). Enlisted service members requesting retirement IAW this
paragraph may be recommended for retirement in grade if time in
grade requirements are met (as applicable). If TIG requirements are
not met, they may be recommended for retirement at the next lower
grade.

5.d.(4). Enlisted service members with more than 6 years of total
service who do not avail themselves of the opportunities and options
above will continue to be processed for administrative separation
with GENERAL (under honorable conditions) as the least favorable
characterization of service.

5.e. In order to streamline processing of enlisted separation
cases, commands are directed to visit
https://www.mynavyhr.navy.mil/Career-Management/Personnel-Conduct-
Sep/Enlisted-Separations/ for reference materials, letter of
transmittal templates and checklists to be used when submitting
enlisted active and FTS/TAR ADSEP cases to
*832vaccineadseps.fct(at)navy.mil*.

6. Additional Navy Reserve Guidance:

6.a. Navy service members who refuse the vaccine and separate from
the active component (AC) will not be permitted to affiliate with or
be assigned in any status within the reserve component (RC).

6.b. Separations for Navy Reserve service members refusing the
vaccine will be conducted at the Navy Reserve Center to which the
members are assigned. In order to be processed for retirement,
separation or resignation, all Navy Reserve service members refusing
the vaccine who are on active duty (ACDU), to include active duty
for operational support (ADOS) and definite recall, shall be
released from active duty (RAD) and returned to a reserve status no
later than 21 Jan 2022.

6.c. Navy Reserve service members on ACDU orders, to include active
duty for operational support (ADOS) and definite recall, who
submitted a vaccine exemption request which is subsequently denied
after 7 Jan 2022, and refuse the vaccine following the expiration of
the specified time to commence vaccination, shall be released from
active duty (RAD) and returned to a reserve status within 14 days of
being notified of the denial.

6.d. Commanders must notify the Orders Issuing Authority (OIA),
either PERS-92 or PERS-4X, as soon as possible if they have Navy
Reserve service members refusing the vaccine on ACDU.

6.e. In accordance with reference (p), in no case will a Navy
Reserve service member refusing the vaccine be granted authorized
Pls.' Mot. for Prelim. Inj. Suppl. App. 001148
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 131 of 199 PageID 2415
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 131 of 199 PageID 2415

absence from drill or excused from other reserve duties based on
failure to comply with vaccination requirements.

6.f. Active duty members (including FTS/TAR) who do not have 20
qualifying years to retire, but have earned qualifying years in the
reserves and have a combination of active duty and reserve years to
qualify for a non-regular/reserve retirement under reference (r)
should contact PERS-97 Career Transition Office by emailing your
most current reserve Statement of Service to
*cto.officer(at)navy.mil* for officers and
*cto.enlisted(at)navy.mil* for enlisted members prior to 21 January
2022 to inform them of your intentions to be transferred to the
reserves solely for the purpose of retirement.

6.g. *Retirement* for RC members includes transfer to the retired
reserve and non-regular retirement as eligible.

6.h. Additional administrative guidance regarding Navy Reserve
service members refusing the vaccine will be promulgated via a
forthcoming ALNAVRESFOR message.

7. As a reminder, all unvaccinated Navy service members are subject
to screening testing against COVID-19 IAW reference (o). Commanders
shall continue to update the status of unvaccinated service members
IAW reference (k).

8. If in doubt as to how to adjudicate issues related to separation
of a Navy service member refusing the vaccine, Commanders should
seek guidance from their chain of command, their staff judge
advocate, and/or the CCDA before acting. Commands without an
assigned legal advisor may seek legal advice from a Region Legal
Service Office. In all cases, Commanders are accountable to ensure
the health and safety of their command while treating every Navy
service member with dignity and respect.

9. Points of contact.
My Navy Career Center: 833-330-6622, *askmncc(at)navy.mil*.
PERS-8 Active/FTS enlisted separations:
*832vaccineadseps.fct(at)navy.mil*
PERS-8 officer separations: *PERS-834(at)navy.mil*
PERS-8 Active/FTS/TAR enlisted retirements:
*Enlisted_Active_Duty_Retirements(at)navy.mil*
PERS-8 Active/FTS/TAR officer retirements:
*pers_835_retirements(at)navy.mil*
PERS-8 officer and enlisted promotion delays:
NPC_promotionwithholds.fct(at)navy.mil*
PERS-92 officer and enlisted definite recalls:
*PERS-92(at)navy.mil*.
PERS-9 Reserve enlisted separations:
*913vaccineadseps.fct(at)navy.mil*.
PERS-97 officer transitions: *cto.officer(at)navy.mil*
PERS-97 enlisted transitions: *cto.enlisted(at)navy.mil*
OPNAV POC: CAPT Jason Grizzle, *ALTN_N1_NAVY_SCR.FCT(AT)NAVY.MIL*.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001149
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 132 of 199 PageID 2416
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 132 of 199 PageID 2416

10. Released by VADM John B. Nowell, Jr, COVID Consolidated
Disposition Authority.
BT
#0001
NNNN
<DmdsSecurity>UNCLASSIFIED//</DmdsSecurity>
<DmdsReleaser>LI.JIANHUA.1472482757</DmdsReleaser>

CLASSIFICATION: UNCLASSIFIED//

Pls.' Mot. for Prelim. Inj. Suppl. App. 001150
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 133 of 199 PageID 2417
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 133 of 199 PageID 2417

Exhibit 2
Pls.' Mot. for Prelim. Inj. Suppl. App. 001151
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 134 of 199 PageID 2418
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 134 of 199 PageID 2418

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 135 of 199 PageID 2419
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 135 of 199 PageID 2419

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 136 of 199 PageID 2420
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 136 of 199 PageID 2420

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 137 of 199 PageID 2421
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 137 of 199 PageID 2421

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 138 of 199 PageID 2422
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 138 of 199 PageID 2422

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 139 of 199 PageID 2423
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 139 of 199 PageID 2423

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 140 of 199 PageID 2424
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 140 of 199 PageID 2424

Exhibit 3
Pls.' Mot. for Prelim. Inj. Suppl. App. 001158
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 141 of 199 PageID 2425
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 141 of 199 PageID 2425

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 142 of 199 PageID 2426
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 142 of 199 PageID 2426

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 143 of 199 PageID 2427
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 143 of 199 PageID 2427

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tary com
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Pls.' Mot. for Prelim. Inj. Suppl. App. 001161
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 144 of 199 PageID 2428
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 144 of 199 PageID 2428

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Pls.' Mot. for Prelim. Inj. Suppl. App. 001162
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 145 of 199 PageID 2429
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 145 of 199 PageID 2429

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 146 of 199 PageID 2430
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 146 of 199 PageID 2430

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AdCho ces
Pls.' Mot. for Prelim. Inj. Suppl. App. 001164
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 147 of 199 PageID 2431
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 147 of 199 PageID 2431

Exhibit 4
Pls.' Mot. for Prelim. Inj. Suppl. App. 001165
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 148 of 199 PageID 2432
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 148 of 199 PageID 2432

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 149 of 199 PageID 2433
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 149 of 199 PageID 2433

Pls.' Mot. for Prelim. Inj. Suppl. App. 001167
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 150 of 199 PageID 2434
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 150 of 199 PageID 2434

Pls.' Mot. for Prelim. Inj. Suppl. App. 001168
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 151 of 199 PageID 2435
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 151 of 199 PageID 2435

Pls.' Mot. for Prelim. Inj. Suppl. App. 001169
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 152 of 199 PageID 2436
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 152 of 199 PageID 2436

Pls.' Mot. for Prelim. Inj. Suppl. App. 001170
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 153 of 199 PageID 2437
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 153 of 199 PageID 2437

Pls.' Mot. for Prelim. Inj. Suppl. App. 001171
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 154 of 199 PageID 2438
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 154 of 199 PageID 2438

Pls.' Mot. for Prelim. Inj. Suppl. App. 001172
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 155 of 199 PageID 2439
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 155 of 199 PageID 2439

Pls.' Mot. for Prelim. Inj. Suppl. App. 001173
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 156 of 199 PageID 2440
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 156 of 199 PageID 2440

Pls.' Mot. for Prelim. Inj. Suppl. App. 001174
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 157 of 199 PageID 2441
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 157 of 199 PageID 2441

Pls.' Mot. for Prelim. Inj. Suppl. App. 001175
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 158 of 199 PageID 2442
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 158 of 199 PageID 2442

Pls.' Mot. for Prelim. Inj. Suppl. App. 001176
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 159 of 199 PageID 2443
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 159 of 199 PageID 2443

Pls.' Mot. for Prelim. Inj. Suppl. App. 001177
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 160 of 199 PageID 2444
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 160 of 199 PageID 2444

Pls.' Mot. for Prelim. Inj. Suppl. App. 001178
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 161 of 199 PageID 2445
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 161 of 199 PageID 2445

Pls.' Mot. for Prelim. Inj. Suppl. App. 001179
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 162 of 199 PageID 2446
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 162 of 199 PageID 2446

Pls.' Mot. for Prelim. Inj. Suppl. App. 001180
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 163 of 199 PageID 2447
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 163 of 199 PageID 2447

Pls.' Mot. for Prelim. Inj. Suppl. App. 001181
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 164 of 199 PageID 2448
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 164 of 199 PageID 2448

Pls.' Mot. for Prelim. Inj. Suppl. App. 001182
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 165 of 199 PageID 2449
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 165 of 199 PageID 2449

Pls.' Mot. for Prelim. Inj. Suppl. App. 001183
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 166 of 199 PageID 2450
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 166 of 199 PageID 2450

Pls.' Mot. for Prelim. Inj. Suppl. App. 001184
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 167 of 199 PageID 2451
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 167 of 199 PageID 2451

Pls.' Mot. for Prelim. Inj. Suppl. App. 001185
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 168 of 199 PageID 2452
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 168 of 199 PageID 2452

Pls.' Mot. for Prelim. Inj. Suppl. App. 001186
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 169 of 199 PageID 2453
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 169 of 199 PageID 2453

Pls.' Mot. for Prelim. Inj. Suppl. App. 001187
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 170 of 199 PageID 2454
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 170 of 199 PageID 2454

Pls.' Mot. for Prelim. Inj. Suppl. App. 001188
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 171 of 199 PageID 2455
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 171 of 199 PageID 2455

Pls.' Mot. for Prelim. Inj. Suppl. App. 001189
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 172 of 199 PageID 2456
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 172 of 199 PageID 2456

Exhibit 5
Pls.' Mot. for Prelim. Inj. Suppl. App. 001190
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 173 of 199 PageID 2457
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 173 of 199 PageID 2457

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 174 of 199 PageID 2458
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 174 of 199 PageID 2458

12/17/21 9 08 AM
De ta Var ant What We Know About the Sc ence CDC
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View Larger
among
unvaccinated
people who
are much
more likely to
get infected,
and therefore
transmit the
virus. Fully
vaccinated
people get
COVID-19
(known as
breakthrough
infections) less
often than
unvaccinated
people. People
infected with
the Delta
variant,
including fully
vaccinated
people with
symptomatic
breakthrough
infections, can
transmit the
virus to others. CDC is continuing to assess data on whether fully vaccinated people with
asymptomatic breakthrough infections can transmit the virus.
Ful
vacc
a e pe ple wit De ta varia t
a
hro
h nf c io
c n
r
d
e
Fully vaccinated people with Delta variant breakthrough infections can spread the
vi
t ot
rs Howe
r, a ci
t d
e
ar t
virus to others. However, vaccinated people appear to sp
a t
v

spread the virus or a s
e
for a shorter
t
e
time: For prior variants, lower amounts of viral genetic material were found in samples taken
from fully vaccinated people who had breakthrough infections than from unvaccinated people
with COVID-19. For people infected with the Delta variant, similar amounts of viral genetic
material have been found among both unvaccinated and fully vaccinated people. However, like
prior variants, the amount of viral genetic material may go down faster in fully vaccinated people
when compared to unvaccinated people. This means fully vaccinated people will likely spread the
virus for less time than unvaccinated people.
Vaccines
The COVID-19 vaccines approved or authorized in the United States are highly e"ective at
preventing severe disease and death, including against the Delta variant. But they are not 100%
e"ective, and some fully vaccinated people will become infected (called a breakthrough infection)
and experience illness. For all people, the vaccine provides the best protection against serious
illness and death.
Vaccines are playing a crucial role in limiting spread of the virus and minimizing severe disease.
!
•
Vaccines in the US are highly e"ective, including against the Delta variant
•
•
Pls.' Mot. for Prelim. Inj. Suppl. App. 001192
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 175 of 199 PageID 2459
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 175 of 199 PageID 2459

12/17/21 9 08 AM
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Page 3 of 4
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Although vaccines are highly e"ective, they are not perfect, and there will be vaccine
breakthrough infections. Millions of Americans are vaccinated, and that number is growing. This
means that even though the risk of breakthrough infections is low, there will be thousands of
fully vaccinated people who become infected and able to infect others, especially with the surging
spread of the Delta variant. Low vaccination coverage in many communities is driving the current
rapid surge in cases involving the Delta variant, which also increases the chances that even more
concerning variants could emerge.
Vaccination is the best way to protect yourself, your family, and your community. High
vaccination coverage will reduce spread of the virus and help prevent new variants from
emerging. CDC recommends that everyone aged 12 years and older get vaccinated as soon as
possible.
Masks
At this time, as we build the level of vaccination nationwide, we must also use all the prevention
strategies available, including masking indoors in public places, to stop transmission and stop the
pandemic. Everyone who is able, including fully vaccinated people, should wear masks in public
indoor places in areas of substantial or high transmission.
References
1. Bernal JL, Andrews N, Gower C, et al. E"ectiveness of Covid-19 Vaccines against the B.1.617.2
(Delta) Variant. N Engl J Med. 2021 Jul 21;doi:10.1056/NEJMoa2108891
.
2. Brown CM, Vostok J, Johnson H, et al. Outbreak of SARS-CoV-2 Infections, Including COVID-19
Vaccine Breakthrough Infections, Associated with Large Public Gatherings — Barnstable County,
Massachusetts, July 2021. MMWR Morb Mortal Wkly Rep. ePub: 30 July 2021;
https://www.cdc.gov/mmwr/volumes/70/wr/mm7031e2.htm
3. Chia PY, Ong SWX, Chiew CJ, et al. Virological and serological kinetics of SARS-CoV-2 Delta variant
vaccine-breakthrough infections: a multi-center cohort study.
2021;doi:doi.org/10.1101/2021.07.28.21261295
.
4. Fisman DN, Tuite AR. Progressive Increase in Virulence of Novel SARS-CoV-2 Variants in Ontario,
Canada. medRxiv. 2021 Jul 12; https://doi.org/10.1101/2021.07.05.21260050
.
5. Li B, Deng A, Li K, et al. Viral Infection and Transmission in a Large Well-Traced Outbreak Caused
by the Delta SARS-CoV-2 Variant. medRxiv. 2021 Jul 12;
https://doi.org/10.1101/2021.07.07.21260122
.
6. Mlcochova P, Kemp S, Dhar S, et al. SARS-CoV-2 B.1.617.2 Delta Variant Emergence and Vaccine
Breakthrough. Research Square Platform LLC. 2021 Jun 22; doi:10.21203/rs.3.rs-637724/v1
7. Musser JM, Christensen PA, Olsen RJ. et al. Delta Variants of SARS-CoV-2 Cause Signi!cantly
Increased Vaccine Breakthrough COVID-19 Cases in Houston, Texas. medRxiv. 2021 Jul 22;
https://org/10.1101/2021.07.07.21260122.
8. Nasreen S, Chung H, He S, et al. E"ectiveness of COVID-19 vaccines against variants of concern in
Ontario, Canada. medRxiv. 2021 Jul 16;doi:doi.org/10.1101/2021.06.28.21259420
.
9. Ong SWX, Chiew CJ, Ang LW, et al. Clinical and Virological Features of SARS-CoV-2 Variants of
Concern: A Retrospective Cohort Study Comparing B.1.1.7 (Alpha), B.1.315 (Beta), and B.1.617.2
•
Given what we know about the Delta variant, vaccine e"ectiveness, and current vaccine coverage,
layered prevention strategies, including wearing masks, are needed to reduce the transmission of
this variant
•
"
"
"
"
"
"
Pls.' Mot. for Prelim. Inj. Suppl. App. 001193
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 176 of 199 PageID 2460
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 176 of 199 PageID 2460

12/17/21 9 08 AM
De ta Var ant What We Know About the Sc ence CDC
Page 4 of 4
https //www cdc gov/coronav rus/2019 ncov/var ants/de ta var ant htm
(Delta). SSRN Journal. 2021 Jun 7; https://doi.org/10.2139/ssrn.3861566
.
10. Riemersma KA, Grogan BE, Kirta-Yarbo A, et al. Vaccinated and Unvaccinated Individuals Have
Similar Viral Loads in Communities with a High Prevalence of the SARS-CoV-2 Delta Variant.
medRxiv. 2021 Jul 31; https://doi.org/10.1101/2021.07.31.21261387
.
11. SARS-CoV-2 variants of concern and variants under investigation in England, Technical brie!ng 19
Public Health England Technical Brie!ng 19. 2021 Jul 23;
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/!le/1005517/Technical_Brie!ng_19.pdf
12. Sheikh A, McMenamin J, Taylor B, Robertson C. SARS-CoV-2 Delta VOC in Scotland: demographics,
risk of hospital admission, and vaccine e"ectiveness. The Lancet. 2021;397(10293):2461-2462.
doi:10.1016/s0140-6736(21)01358-1
.
13. Stowe J, Andrews N, Gower C, et al. E"ectiveness of COVID-19 vaccines against hospital admission
with the Delta (B.1.617.2) variant. 2021. https://khub.net/web/phe-national/public-library/-
/document_library/v2WsRK3ZlEig/view_!le/479607329
.
14. Thompson MG, Burgess JL, Naleway AL, et al. Prevention and Attenuation of COVID-19 with the
BNT162b2 and mRNA-1273 Vaccines. N Engl J Med. 2021 Jul 22;385(4):320-329. doi:
10.1056/NEJMoa2107058
. Epub 2021 Jun 30. PMID: 34192428; PMCID: PMC8262622.
15. Dagpunar J. Interim estimates of increased transmissibility, growth rate, and reproduction
number of the Covid-19 B.1.617.2 variant of concern in the United Kingdom. medRxiv.
2021;doi:doi.org/10.1101/2021.06.03.21258293
"
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#
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Last Updated Aug. 26, 2021
Content source: National Center for Immunization and
Respiratory Diseases (NCIRD), Division of Viral Diseases
Pls.' Mot. for Prelim. Inj. Suppl. App. 001194
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Exhibit 6
Pls.' Mot. for Prelim. Inj. Suppl. App. 001195
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 179 of 199 PageID 2463
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12/17/21 9 13 AM
Johnson & Johnson s Janssen COV D 19 Vacc ne Overv ew and Safety CDC
Page 2 of 8
https //www cdc gov/coronav rus/2019 ncov/vacc nes/d fferent vacc nes/ anssen htm
Who Should Get Vaccinated
The J&J/Janssen COVID-19 Vaccine is recommended for people 18 years and
older.
Learn more about how CDC is making COVID-19 vaccine recommendations.
•
•
Who Should NOT Get Vaccinated
f y u h
e ad a s
ere alle gic eac
n (
aph laxis) o an
If you have had a severe allergic reaction (anaphylaxis) or an
e iate
r
r
tio
immediate allergic reaction, even if it was not severe, to any ingredient
in the J&J/Janssen COVID-19 Vaccine (such as polysorbate), you should not get
the J&J/Janssen COVID-19 Vaccine.
A severe allergic reaction is one that needs to be treated with epinephrine or
EpiPen or with medical care. Learn about common side e"ects of COVID-19
vaccines and when to call a doctor.
An immediate allergic reaction means a reaction within 4 hours of exposure,
including symptoms such as hives, swelling, or wheezing (respiratory distress).
If you aren’t able to get the J&J/Janssen COVID-19 Vaccine, you may still be able to get
a di"erent type of COVID-19 vaccine. Get more information for people with allergies.
•
!
•
•
Johnson & Johnson (J&J)/Janssen COVID-19
Vaccine Ingredients
All COVID-19 vaccine ingredients are safe. Nearly all of the ingredients in COVID-19
vaccines are also the ingredients in many foods – fats, sugars, and salts. The J&J/Janssen
COVID-19 vaccine also contains a piece of a modi!ed virus that is not the virus that causes
COVID-19. This modi!ed virus is called the vector virus. The vector virus cannot reproduce
itself, so it is harmless. This vector virus gives instructions to cells in the body to create an
immune response. This response helps protect you from getting sick with COVID-19 in the
future. After the body produces an immune response, it discards all of the vaccine
ingredients just as it would discard any information that cells no longer need. This process
is a part of normal body functioning.
All COVID-19 vaccines are manufactured with as few ingredients as possible and with very
small amounts of each ingredient. Each ingredient in the vaccine serves a speci!c purpose
as seen in the table below.
Full list of ingredients
The J&J/Janssen COVID-19 Vaccine contains the following ingredients:
Pls.' Mot. for Prelim. Inj. Suppl. App. 001197
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12/17/21 9 13 AM
Johnson & Johnson s Janssen COV D 19 Vacc ne Overv ew and Safety CDC
Page 3 of 8
https //www cdc gov/coronav rus/2019 ncov/vacc nes/d fferent vacc nes/ anssen htm
y
of
Type of
n red e t
Ingredient
Ingredi n
Ingredient
Pu
ose
Purpose
A
harmless
version of
a virus
unrelated
to the
COVID-19
virus
Recombinant, replication-
incompetent Ad26 vector,
encoding a stabilized
variant of the SARS-CoV-2
Spike (S) protein
•
Provides instructions the body
uses to build a harmless piece of
a protein from the virus that
causes COVID-19. This protein
causes an immune response
that helps protect the body from
getting sick with COVID-19 in the
future.
Sugars,
salts, acid,
and acid
stabilizer
Polysorbate-80
2-hydroxypropyl-β-
cyclodextrin
Trisodium citrate dihydrate
Sodium chloride (basic
table salt)
Citric acid monohydrate
(closely related to lemon
juice)
Ethanol (a type of alcohol)
•
•
•
•
•
•
Work together to help keep the
vaccine molecules stable while
the vaccine is manufactured,
shipped, and stored until it is
ready to be given to a vaccine
recipient.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001198
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12/17/21 9 13 AM
Johnson & Johnson s Janssen COV D 19 Vacc ne Overv ew and Safety CDC
Page 4 of 8
https //www cdc gov/coronav rus/2019 ncov/vacc nes/d fferent vacc nes/ anssen htm
Ingredients that are NOT used in COVID-19
vaccines
The above table lists ALL ingredients in the J&J/Janssen COVID-19 Vaccine. There are NO
ingredients in this vaccine beyond what is listed in that table. The J&J/Janssen COVID-19
Vaccine has
No r serv
es
No preservatives like thimerosal or mercury or any other preservatives.
No
tibio
s
No antibiotics like sulfonamide or any other antibiotics.
No
e ic
es r th
a eutics
No medicines or therapeutics like ivermectin or any other medications.
No
sues
No tissues like aborted fetal cells, gelatin, or any materials from any animal.
No
o pr teins
No food proteins like eggs or egg products, gluten, peanuts, tree nuts, nut
products, or any nut byproducts (COVID-19 vaccines are not manufactured in
facilities that produce food products).
No
e
No metals like iron, nickel, cobalt, titanium, rare earth alloys, or any manufactured
products like microelectronics, electrodes, carbon nanotubes or other
nanostructures, or nanowire semiconductors.
No
x
No latex. The vial stoppers used to hold the vaccine also do not contain latex.
•
•
•
•
•
•
•
Possible Side E!ects
These side e"ects happen within a day or two of getting the vaccine. They are normal
signs that your body is building protection and should go away within a few days.
Fainting After Vaccination
Fainting (syncope) and other events that may be related to anxiety like rapid breathing,
low blood pressure, numbness, or tingling can happen after getting any vaccine. Although
uncommon, these events are not unexpected, and they are generally not serious.
According to information from the Vaccine Adverse Event Reporting System (VAERS), there
were 653 reports of fainting events (fainting and near-fainting) among nearly 8 million
doses of J&J/Janssen COVID-19 Vaccine administered in the United States in March and
In the arm where you got the shot:
Pain
Redness
Swelling
•
•
•
Throughout the rest of your body:
Tiredness
Headache
Muscle pain
Chills
Fever
Nausea
•
•
•
•
•
•
Pls.' Mot. for Prelim. Inj. Suppl. App. 001199
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12/17/21 9 13 AM
Johnson & Johnson s Janssen COV D 19 Vacc ne Overv ew and Safety CDC
Page 6 of 8
https //www cdc gov/coronav rus/2019 ncov/vacc nes/d fferent vacc nes/ anssen htm
platelets.
CDC will continue to provide updates as we learn more about the safety of the
J&J/Janssen COVID-19 Vaccine in real-world conditions.
•
Learn more about vaccine safety monitoring after a vaccine is authorized or
approved for use.
How Well the Vaccine Works
The J&J/Janssen COVID-19 Vaccine was 66.3% e"ective in clinical trials (e$cacy) at
preventing laboratory-con!rmed COVID-19 infection in people who received the
vaccine and had no evidence of being previously infected. People had the most
protection 2 weeks after getting vaccinated.
In the clinical trials, the vaccine had high e$cacy at preventing hospitalization and
death in people who did get sick. No one who got COVID-19 at least 4 weeks after
receiving the J&J/Janssen COVID-19 Vaccine had to be hospitalized.
CDC will continue to provide updates as we learn more about how well the
J&J/Janssen COVID-19 Vaccine works in real-world conditions.
•
•
•
Clinical Trial Demographic Information
Clinical trials for the J&J/Janssen COVID-19 Vaccine included people from the following
racial, ethnic, age, and sex categories:
Race:
62% White
17% Black or African American
8% American Indian or Alaska Native
5% multiple races
4% Asian
0.3% Native Hawaiian or Other Paci!c Islander
Ethnicity:
45% Hispanic or Latino
52% not Hispanic or Latino
3% unknown
Sex:
•
•
•
•
•
•
•
•
•
Pls.' Mot. for Prelim. Inj. Suppl. App. 001201
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12/17/21 9 13 AM
Johnson & Johnson s Janssen COV D 19 Vacc ne Overv ew and Safety CDC
Page 7 of 8
https //www cdc gov/coronav rus/2019 ncov/vacc nes/d fferent vacc nes/ anssen htm
56% male
45% female
<0.1% undi"erentiated or unknown sex
Age breakdown:
67% 18–59 years
34% 60 years and older
20% 65 years and older
4% 75 years and older
Forty (40.8%) of people who participated in the clinical trials had at least one condition
that put them at risk of severe illness from COVID-19. The most frequent underlying
medical conditions among participants were obesity (28.7%), high blood pressure (10.2%),
type 2 diabetes (7.3%), and HIV infection (2.7%).
•
•
•
•
•
-
-
Learn more about demographic information for people who participated in the trials
[PDF – 62 pages]
.
!
Pls.' Mot. for Prelim. Inj. Suppl. App. 001202
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 186 of 199 PageID 2470
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 186 of 199 PageID 2470

Exhibit 7
Pls.' Mot. for Prelim. Inj. Suppl. App. 001204
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 187 of 199 PageID 2471
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 187 of 199 PageID 2471

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 188 of 199 PageID 2472
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 188 of 199 PageID 2472

12/17/21, 9:35 AM
103 Marines already separated for refusing COVID-19 vaccine
https://www.marinecorpstimes.com/news/your-marine-corps/2021/12/16/103-marines-already-separated-for-refusing-covid-19-vaccine/
2/6
Currently 95% of the active duty Marine Corps is partially or fully vaccinated and the Corps has
approved 1,007 exemptions to the vaccine, Maj. Jim Stenger, a Marine Corps spokesman, told
Marine Corps Times in an email.
Marines discharged solely for refusing the vaccine will receive either an honorable or general
discharge, according to provisions in the 2022 National Defense Authorization Act, which
passed Congress on Wednesday and is awaiting President Joe Biden’s signature.
All approved exemptions have either been medical or administrative exemptions.
A total of 3,144 Marines have applied for religious exemptions. As of Thursday, 2,863 have been
processed and none have been approved, Stenger said in the email.
The Marine Corps has no records of approving religious exemptions for vaccines in the past 10
years, Marine Corps Times previously reported.
The Marine Corps currently has the lowest vaccination rate among the Department of Defense.
The Air Force and Space Force had 96% of forces meet its Nov. 2 deadline, while the Navy
reported that 96.3% of active duty sailors were fully vaccinated.
With the active duty Army deadline passing on Wednesday, the service reported that 98% of its
active duty force was fully vaccinated.
If total vaccination numbers do not increase, the Corps may end up administratively separating
more than 8,000 Marines for refusing to get vaccinated against COVID-19.
RELATED
After a fall surge, deaths feel to five in November, with three so far in December.
Military COVID-19 deaths on upswing as vaccination deadlines pass
By Meghann Myers
Pls.' Mot. for Prelim. Inj. Suppl. App. 001206
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 189 of 199 PageID 2473
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12/17/21, 9:35 AM
103 Marines already separated for refusing COVID-19 vaccine
https://www.marinecorpstimes.com/news/your-marine-corps/2021/12/16/103-marines-already-separated-for-refusing-covid-19-vaccine/
3/6
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Pls.' Mot. for Prelim. Inj. Suppl. App. 001207
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 190 of 199 PageID 2474
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12/17/21, 9:35 AM
103 Marines already separated for refusing COVID-19 vaccine
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Pls.' Mot. for Prelim. Inj. Suppl. App. 001208
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12/17/21, 9:35 AM
103 Marines already separated for refusing COVID-19 vaccine
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Pls.' Mot. for Prelim. Inj. Suppl. App. 001209
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 193 of 199 PageID 2477
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 193 of 199 PageID 2477

Exhibit 8
Pls.' Mot. for Prelim. Inj. Suppl. App. 001211
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 194 of 199 PageID 2478





Pentagon stops implementing vaccine
mandate for defense contractors
A Pentagon spokeswoman says the department has stopped implementing the vaccine
mandate for federal contractors.
By
VALERIE INSINNA on December 14, 2021 at 3:18 PM
U.S. President Joe Biden speaks about the coronavirus pandemic and vaccine mandate on October 14, 2021 in
Washington, DC (Getty Images Drew Angerer)
WASHINGTON: The race to vaccinate defense workers is now at a standstill, after a
US district court judge blocked the implementation of the vaccine mandate for federal
contractors last week.
Pls.' Mot. for Prelim. Inj. Suppl. App. 001212
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 195 of 199 PageID 2479
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 195 of 199 PageID 2479

The Defense Department issued a Dec. 9 memo instructing its contracting officers to
stop enforcing President Joe Biden’s Sept. 9 executive order, which required workers
for federal contractors to be vaccinated for COVID 19 by Jan 18 The memo was first
reported by Politico.
The memo was released after a judge for the US District Court for the Southern
District of Georgia issued a nationwide injunction on Dec. 7, which prevents the
vaccine mandate from being carried out.
Pentagon spokeswoman Jessica Maxwell acknowledged that the department has
“provided guidance to contracting officers to ensure compliance with the court order
and instructed contracting officers not to enforce the vaccination mandate at this
time,” she said in a statement.
She added that the department “fully supports” Biden’s executive order and “has
consistently stated that having a fully vaccinated workforce is one of the surest ways
to bolster our readiness and safely meet national security readiness requirements.”
Exactly which programs and workers would be covered under the mandate has been a
source of confusion across industry and government
The Pentagons original order required contractors to be vaccinated for all new
Defense Department contracts worth $250,000 or more for services — including
construction — performed in the United States. Contracting officers also have the
latitude to mandate vaccination for workers involved in new and existing contracts
for products as well as contracts valued at less than $250 000
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Pls.' Mot. for Prelim. Inj. Suppl. App. 001213
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 196 of 199 PageID 2480

Whether a contract is classified as a “service” or a “product” is typically determined by
its Product Service Code, Maxwell said. Products are tangible goods owned by the
Defense Department military like a laptop or aircraft carrier while services are
harder to define and could include products that the department does not own, such
as hardware leased by a military service.
In October, several companies — including Northrop Grumman and Raytheon —
indicated they had begun hiring workers under the expectation that companies would
be forced to lay off employees who did not conform with the mandate.
In November, Huntington Ingalls Industries announced that it would no longer
enforce the vaccination mandate for its Ingalls Shipbuilding and Newport News
Shipbuilding workers. “Our customer has confirmed that our contracts do not include
a requirement to implement the mandate,” HII President and CEO Mike Petters said in
a memo to employees.
In a recent interview with Breaking Defense, BAE Systems Inc. CEO Tom Arseneault
said his company is “feeling” the impacts of the COVID mandate.
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Pls.' Mot. for Prelim. Inj. Suppl. App. 001214
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 197 of 199 PageID 2481





“I think we’re right on the verge of [mid-90% vaccination rate], adding more every
day, but we will get to a point where there’ll be some percentage, hopefully small, of
the population who will not comply. And so we’re working with the administration,
with DoD, to find ways to try to create some flexibility and maybe buy a little bit more
time so that we can either find ways to backfill those resources or get them over the
hump.
Topics: COVID-19 coronavirus, Huntington-Ingalls Industries, Joe Biden, Northrop, Raytheon, vaccine mandate
Advertising & Marketing Solutions
Pls.' Mot. for Prelim. Inj. Suppl. App. 001215
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Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 198 of 199 PageID 2482

CERTIFICATE OF SERVICE

I hereby certify that on December 17, 2021, I electronically filed the foregoing document
through the Court’s ECF system, which automatically notifies counsel of record for each party.

/s/Heather Gebelin Hacker

HEATHER GEBELIN HACKER

Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 199 of 199 PageID 2483
Case 4:21-cv-01236-O Document 59 Filed 12/17/21 Page 199 of 199 PageID 2483

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Supplemental Appendix in Support of Plaintiffs' Motion for a Preliminary Injunction — Navy SEALs 1-26 v. Biden

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