Declaration Of Air Force Engineer
- Date
- 2022-03-31
Summary
Document 65-16, filed March 31, 2022 in Air Force Officer v. Lloyd J. Austin, III, et al., Case No. 5:22-cv-00009-TES, in the U.S. District Court for the Middle District of Georgia, is the Declaration of Air Force Engineer, a pseudonymous Air Force officer and licensed civil engineer. The declarant states a sincerely held Christian religious objection to the COVID-19 vaccines and describes a religious accommodation request submitted September 20, 2021, its denial, an appeal on December 24, 2021 and a final denial on January 31, 2022. The declaration cites Air Force figures of at least 1,102 medical and 1,407 administrative accommodations and at least 96.5% vaccination. It states willingness to work remotely, wear a mask and test, and describes the options given after the final denial. The declaration is executed March 30, 2022 and refers to attached exhibits.
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Case 5:22-cv-00009-TES Document 65-16 Filed 03/31/22 Page 1 of 6
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
AIR FORCE OFFICER, on behalf of herself )
and all others similarly situated, ) Case No. 5:22-cv-00009-TES
)
Plaintiff, )
v. )
)
LLOYD J. AUSTIN, III, in his )
official capacity as Secretary of Defense; )
FRANK KENDALL, III, in his )
official capacity as Secretary of the Air Force; and )
ROBERT I. MILLER, in his )
official capacity as Surgeon General of the )
Air Force, )
)
Defendants. )
DECLARATION OF AIR FORCE ENGINEER
Pursuant to 28 U.S.C. § 1746, I, Air Force Engineer, 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 an officer in the United States Air Force and a licensed civil engineer,
stationed in Virginia.
3. I have served in active service with the Air Force for more than 10 years.
4. The military has rewarded me with six (6) medals for my service, including three
Meritorious Service Medals, a Navy Commendation Medal, and two Air Force Commendation
Medals.
5. I have never been disciplined by the Air Force, nor has there ever been cause to
discipline me for any reason.
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Case 5:22-cv-00009-TES Document 65-16 Filed 03/31/22 Page 2 of 6
6. I currently serve in a managerial role providing a broad range of civil engineering
support to multiple Air Force bases across the continental United States.
7. On December 6, 2021, I tested positive for COVID-19, after beginning to feel ill
on December 3, 2021. Even though I had been working in the office the previous week, to my
knowledge none of my fellow Airmen became infected. Having fully recovered from COVID-19
and thus having natural immunity, I believe I am at less risk of becoming infected again than my
fellow vaccinated coworkers and pose less risk to mission accomplishment no matter where I am
assigned.
8. The mitigation efforts put in place by the Air Force since March 2020 have
proven effective. These same mitigation efforts have allowed the Air Force to accomplish its
mission — arguably better than ever.
9. In addition, based on information publicly available from the Air Force, including
https://www.af.mil/News/Article-Display/Article/2959594/daf-covid-19-statistics-march-29-
2022/, I understand that the Air Force currently recognizes at least 1,102 medical
accommodations.
10. Based on information publicly available from the Air Force, including
https://www.af.mil/News/Article-Display/Article/2959594/daf-covid-19-statistics-march-29-
2022/, I further understand the Air Force currently recognizes at least 1,407 administrative
accommodations.
11. Based on information publicly available from the Air Force, including
https://www.af.mil/News/Article-Display/Article/2959594/daf-covid-19-statistics-march-29-
2022/, I understand that at least 96.5% of Air Force service members have received COVID-19
vaccinations.
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Case 5:22-cv-00009-TES Document 65-16 Filed 03/31/22 Page 3 of 6
12. I do not understand how temporary continued mitigation efforts for approximately
3% of the Air Force would significantly impact mission readiness, especially in light of the fact
that the Air Force readily accommodates those granted medical and administrative
accommodations when 100% of the Air Force has been operating under the same parameters for
months.
13. I am a member of the Christian faith. I understand that vaccinations are a
condition of military service and am not opposed to vaccines in principle. However, in
accordance with my faith, it is my sincerely held religious belief that abortion is a grave evil and
that use of vaccines that cooperate in that evil by incorporating the cell lines of aborted children
in their development or testing is not morally justified except in extraordinary circumstances not
present here.
14. I understand that all three COVID-19 vaccines currently authorized for use in the
United States – either fully approved by the FDA (COMIRNATY®) or available under
Emergency Use Authorization (Johnson & Johnson and Moderna) – utilized fetal cell lines in
their production or testing. Those fetal cell lines are descended from fetal tissue taken from
elective abortions of unborn children. I am aware of several sources, including the University of
Nebraska Medical Center and the Charlotte Lozier Institute, that acknowledge this.
15. Because all three COVID-19 vaccines authorized for use in the United States
utilized fetal cell lines in their production or testing, and the fetal cell lines are descended from
fetal tissue taken from elective abortions of unborn children, use of the vaccines would constitute
cooperation in the evil of abortion. Such cooperation with evil would violate my sincere religious
beliefs.
3
Case 5:22-cv-00009-TES Document 65-16 Filed 03/31/22 Page 4 of 6
16. On September 20, 2021, I submitted a request for religious accommodation to the
requirement that I take the COVID-19 vaccination. (Exhibit 1, attached).
17. I received notice of the denial of my request for religious accommodation on or
about December 20, 2021. (Ex. 2, attached.)
18. I timely appealed that denial on Christmas Eve, December 24, 2021. (Ex. 3,
attached.)
19. I received notice of the final denial of the appeal of my religious accommodation
request on January 31, 2022. (Ex. 4, attached).
20. I do not oppose all vaccines. I oppose the currently available COVID-19 vaccines
for religious reasons.
21. I have been willing and able and remain willing and able to work remotely, wear a
mask, and test periodically, as appropriate and as required.
22. I am aware of the following military orders purportedly requiring me to take the
vaccine:
a. Department of Defense August 24, 2021 Order (Ex. 1 to Doc. 2-2);
b. Department of Air Force September 3, 2021 Order (Ex. 2 to Doc. 2-2).
23. I am aware of AFI 48-110 (Ex. 7 to Doc. 2-2), an Air Force instruction.
24. I am also aware of reported information publicly available from the Air Force,
including https://www.af.mil/News/Article-Display/Article/2959594/daf-covid-19-statistics-
march-29-2022/, relating to religious accommodation requests.
25. I am not aware of any military branch (including the Air Force, Navy, Army,
Marines, and Coast Guard) granting any religious accommodation requests to service members
not already slated for separation, and I’m aware that the Pentagon’s Inspector General is
4
Case 5:22-cv-00009-TES Document 65-16 Filed 03/31/22 Page 5 of 6
investigating whether the military’s process for considering and denying religious
accommodation requests to COVID-19 vaccination complies with its own protocols.
https://www.military.com/daily-news/2022/03/02/pentagon-watchdog-investigate-militarys-
covid-19-exemption-process.html.
26. My request for a religious exemption would not seriously impact my ability to
perform my duties. As shown above, I have recovered from COVID-19 and have natural
immunity which has been shown to be superior than vaccine-induced immunity, which wanes
after a matter of months.
27. I have maintained and continue to maintain protocols for health and safety, I have
no known comorbidities, and to my knowledge I have not transmitted COVID-19 to others.
28. My Air Force career has been entirely in the interest of military readiness, unit
cohesion, good order, discipline, health, and safety.
29. Based on Facebook comments that I am aware of related to the WMAZ and
WGXA news reports about Air Force Officer and this case (Docs. 48 and 49), and based on
numerous other public statements made by individuals in government or the media that are
critical of people not taking the COVID-19 vaccine, I am concerned about serious social
stigmatization and my personal safety and security.
30. I have talked with others in the military who expressed to me that they want to
speak out in opposition to the vaccine mandates but are afraid to do so.
31. After receiving final denial of my religious accommodation requests, I was given
the following three options: (1) take the vaccine; (2) separate from military service; (3) or face
military discipline for disobeying the COVID-19 vaccine mandates.
5
Case 5:22-cv-00009-TES Document 65-16 Filed 03/31/22 Page 6 of 6
32. I have not yet responded to the ultimatum. I cannot in good conscience take the
vaccine; it is more important to me to remain faithful to my Christian faith than to violate my
religiously formed conscience for the sake of work and compensation. Still, I would very much
like to stay in the Air Force, and cannot bring myself to choose separation.
33. The attached exhibits are redacted to remove some personal identifiers.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
March 30, 2022.
/s/Air Force Engineer
Air Force Engineer
6
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