Pandemic Darlings The pandemic economy, in original documents
Home Source documents App009–App011 Trident Order #12 Closeout dated May 23, 2022

App009–App011 Trident Order #12 Closeout dated May 23, 2022

Date
2022-05-23

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALS 1-3, et al.,
Plaintiffs,
v.
LLOYD AUSTIN, III, in his official capacity as
Secretary of Defense, et al.,
Defendants.

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

DEFENDANTS’ APPENDIX IN SUPPORT OF THEIR
ASSERTION OF MOOTNESS

Table of Appendix
Bates Stamps
Description
App001–App-002
NAVADMIN 005/23
App003–App005
ALNAV 009/23

App006–App008
MANMED Change 168 dated Feb. 3, 2023
App009–App011
Trident Order #12 Closeout dated May 23, 2022
App012–App033
DoD Force Health Protection Guidance (FHPG) of January 30, 2023,
Rev. 4
App034–App095
DoD FHPG, current as of Jan. 30, 2023
App096–App102
Declaration of Captain Gareth J. Healy

Dated: February 6, 2023

Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General

ALEXANDER K. HAAS
Director, Federal Programs Branch

ANTHONY J. COPPOLINO
Deputy Director

/s/Andrew E. Carmichael
ANDREW E. CARMICHAEL (VA Bar. No. 76578)
AMY E. POWELL
Senior Trial Counsel
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 1 of 104   PageID 7372

STUART J. ROBINSON
Senior Counsel
ZACHARY A. AVALLONE
COURTNEY D. ENLOW
LIAM C. HOLLAND
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov

Counsel for Defendants

Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 2 of 104   PageID 7373

Exhibit 1
App. 001
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 3 of 104   PageID 7374

2/6/23, 9:20 AM
https://www.mynavyhr.navy.mil/Portals/55/Messages/NAVADMIN/NAV2023/NAV23005.txt?ver=a3G5K2LQwybusE7ETK7uLQ%3d…
https://www.mynavyhr.navy.mil/Portals/55/Messages/NAVADMIN/NAV2023/NAV23005.txt?ver=a3G5K2LQwybusE7ETK7uLQ%3d%3d
1/1
CLASSIFICATION: UNCLASSIFIED//
ROUTINE
R 112139Z JAN 23 MID600052628036U
FM CNO WASHINGTON DC
TO NAVADMIN
INFO CNO WASHINGTON DC
BT
UNCLAS

NAVADMIN 005/23

PASS TO OFFICE CODES:
FM CNO WASHINGTON DC//N1//
INFO CNO WASHINGTON DC//N1//
MSGID/GENADMIN/CNO WASHINGTON DC/N1/JAN//

SUBJ/REMOVAL OF COVID-19 VACCINATION MANDATE//

REF/A/DOC/NDAA-FY23/HR 7900//
REF/B/DOC/SECDEF/10JAN23//
REF/C/MSG/CNO WASHINGTON DC/311913ZAUG21//
REF/D/MSG/CNO WASHINGTON DC/132050ZOCT21//
REF/E/MSG/CNO WASHINGTON DC/152239ZNOV21//
REF/F/MSG/CNO WASHINGTON DC/151203ZDEC21//
REF/G/MSG/CNO WASHINGTON DC/302215ZMAR22//

NARR/REF A IS THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FY-23.
REF B IS SECDEF MEMO TITLED RESCISSION OF COVID-19 VACCINATION REQUIREMENT
FOR MEMBERS OF THE ARMED FORCES.
REF C IS NAVADMIN 190/21, 2021-2022 NAVY MANDATORY COVID-19 VACCINATION AND
REPORTING POLICY.
REF D IS NAVADMIN 225/21, COVID-19 CONSOLIDATED DISPOSITION AUTHORITY (CCDA).
REF E IS NAVADMIN 256/21, CCDA GUIDANCE TO COMMANDERS.
REF F IS NAVADMIN 283/21, CCDA EXECUTION GUIDANCE TO COMMANDERS.
REF G NAVADMIN 083/22, CCDA INTERIM GUIDANCE REGARDING MEMBERS REQUESTING
RELIGIOUS ACCOMMODATION FROM COVID-19 VACCINATION REQUIREMENTS.

RMKS/1.  On 23 December 2022, reference (a) directed the Secretary of Defense
(SecDef) to rescind the coronavirus disease 2019 (COVID-19) vaccination
mandate within 30 days.  On 10 January 2023, SecDef rescinded the mandate for
all branches of the armed forces in line with reference (b).  The actions
below align the Navy with this guidance.
a.  Cancel reference (c).
b.  All commands will immediately discontinue administrative separation
processing of Navy Service Members solely for refusing the COVID-19 vaccine,
including those with approved separation letters.
c.  All commands will immediately suspend any new adverse administrative
actions associated with refusing the COVID-19 vaccine as described in
references (c) through (g).

2.  Updated operational guidance will be promulgated in a follow-on standard
operational guidance serial.

3.  Additional detailed guidance regarding implementation of this policy will
be promulgated via future NAVADMIN.

4.  Released by Vice Admiral Richard J. Cheeseman, Jr., N1.//

BT
#0001
NNNN
CLASSIFICATION: UNCLASSIFIED//
App. 002
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 4 of 104   PageID 7375

Exhibit 2
App. 003
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 5 of 104   PageID 7376

2/6/23, 9:23 AM
https://www.mynavyhr.navy.mil/Portals/55/Messages/ALNAV/ALN2023/ALN23009.txt?ver=CwknATlfJPAkR4NolZPkxA%3d%3d
https://www.mynavyhr.navy.mil/Portals/55/Messages/ALNAV/ALN2023/ALN23009.txt?ver=CwknATlfJPAkR4NolZPkxA%3d%3d
1/2
CLASSIFICATION: UNCLASSIFIED//
ROUTINE
R 201839Z JAN 23 MID200080671031U
FM SECNAV WASHINGTON DC
TO ALNAV
INFO SECNAV WASHINGTON DC
CNO WASHINGTON DC
CMC WASHINGTON DC
BT
UNCLAS

ALNAV 009/23

MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JAN//

SUBJ/RESCISSION OF COVID-19 VACCINATION REQUIREMENT FOR MEMBERS OF THE ARMED
FORCES//

REF/A/DOC/SECDEF/10JAN23//
REF/B/DOC/ALNAV 062/21//

NARR/REF A IS SECDEF MEMO RESCISSION OF AUGUST 24, 2021 AND NOVEMBER 30, 2021
CORONAVIRUS DISEASE 2019 VACCINATION REQUIREMENTS FOR MEMBERS OF THE ARMED
FORCES.  REF B IS ALNAV 062/21 2021-2022 DEPARTMENT OF NAVY MANDATORY COVID-
19
VACCINATION POLICY OF 30 AUG 21//

RMKS/1.  Per reference (a), this message announces the rescission of the
Coronavirus Disease 2019 (COVID-19) vaccination requirement for members of
the Armed Forces.  As a result, reference (b) is hereby canceled.

2.  COVID-19 vaccines have proven to be safe, effective, and life-saving.  I
am confident that our high vaccination percentage across the Department of
the Navy (DON) has both saved lives, and prevented hospitalizations across
our entire force.

3.  The Navy and Marine Corps are inherently expeditionary forces in
readiness, and my expectation continues to be that all Sailors and Marines be
worldwide deployable.  To defend the nation, we need a healthy and ready
force, this means a Navy and Marine Corps that is ready to deploy.  Having
credible, capable forces requires the DON to minimize addressable risks –
contagious disease is a threat to our fighting forces.  We will continue to
consider medical readiness, of which vaccination plays a key role, in all
appropriate settings.  All commanders have the responsibility and authority
to maintain military readiness, unit cohesion, good order and discipline, and
the health and safety of their commands.

4.  Because reference (b) is now canceled, the Services shall cease any
ongoing reviews of current Service Members' religious, administrative, or
medical accommodation requests solely for exemption from the COVID-19 vaccine
or appeals of denials of such requests.  No currently serving Sailor or
Marine shall be separated solely on the basis of their failure to receive the
COVID-19 vaccination if they sought an accommodation on religious,
administrative, or medical grounds.

5.  We will continue to promote and encourage the COVID-19 vaccination for
everyone.  As with all of our vaccinations, healthcare providers will
continue to medically screen for contraindications.  I thank you for your
selfless devotion to your colleagues, military and civilian, throughout this
pandemic.

6.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.//

BT
App. 004
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 6 of 104   PageID 7377

2/6/23, 9:23 AM
https://www.mynavyhr.navy.mil/Portals/55/Messages/ALNAV/ALN2023/ALN23009.txt?ver=CwknATlfJPAkR4NolZPkxA%3d%3d
https://www.mynavyhr.navy.mil/Portals/55/Messages/ALNAV/ALN2023/ALN23009.txt?ver=CwknATlfJPAkR4NolZPkxA%3d%3d
2/2
#0001
NNNN
CLASSIFICATION: UNCLASSIFIED//
App. 005
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 7 of 104   PageID 7378

Exhibit 3
App. 006
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 8 of 104   PageID 7379

Change 168
Manual of the Medical Department
U.S. Navy
NAVMEDP-117
3 February 2023
To: Holders of the Manual of the Medical Department
1. This Change: Updates MANMED Chapter 15, article 15-105(4)(n).(2}.
a. Changes noted: The requirement of a waiver for candidates or Naval Special Warfare
and Special operations Duty (NSW/SOD) designated personnel failing to receive required
vaccines.
b. Changes noted for MANMED article 15-105((4)(n)(9)). Replaced "Candidate or SO
designated personnel refusing to receive recommended vaccines (preventive health or theater
specific vaccines recommended by the Combatant Command (CCMD)) based solely on personal
or religious beliefs are disqualified. This provision does not pertain to medical contraindications
or allergies to vaccine administration." with "Candidates or Naval Special Warfare and Special
operations Duty (NSW/SOD) designated personnel failing to receive required vaccines
(preventive health or theater-specific vaccines required by the Combatant Command (CCMD)),
whether for personal or religious beliefs, medical contraindications or allergies to vaccine
administration, or any other reason, are disqualified and must seek a waiver.
2. Action. Add updated vaccine waiver requirements verbiage to MANMED Chapter 15 article
15-105(4)(n).(2l.
I D.K. VIA
Chief, Bureau of Medicine and Surgery
Acting
App. 007
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 9 of 104   PageID 7380

Article 15-105
Manual of the Medical Department
pose a significant risk of mentally or physically
impairing side effects is disqualifying.  Any require-
ment for a medication that necessitates close moni-
toring, regular tests, refrigeration, or parenteral ad-
ministration on a biweekly (every 2 weeks) or more
frequent basis is disqualifying. Requirement for
medication which would pose a significant health risk
if suddenly stopped for 1 month or more is dis-
qualifying.
(c)
SO designated personnel tak-
ing medicines prescribed by a non-DoD provider are
disqualified until reviewed and approved by the
Service member’s UMO.
(9)
Vaccinations. Candidates or Naval
Special Warfare and Special operations Duty (NSW/
SOD) designated personnel failing to receive required
vaccines
(preventive
health
or
theater-specific
vaccines required by the Combatant Command
(CCMD)), whether for personal or religious beliefs,
medical contraindications or allergies to vaccine
administration, or any other reason, are disqualified
and must seek a waiver.
(4) Waiver
and
Disqualification
Requests.
Waiver and disqualification requests are essentially
the same personnel action.  The distinction between
the two lies with whether the originator is requesting
that one or more physical standards be waived or not.
The outcome of either request is a determination by
the responsible waiver authority as to whether the
physical standard(s) is waived or not.  BUMED-M95
serves as the senior medical reviewer for the waiver
authority.  (Certain waiver authorities have delegated
adjudication of disqualification cases only to lower
echelon commanders).
(a) Requests for a waiver of physical stand-
ards for SO personnel and candidates must be sent
from the member’s commander, commanding officer,
or officer in charge, via any applicable immediate
superior in command (ISIC) or type commander (TY-
COM) and BUMED-M95, to the appropriate Bureau
of Naval Personnel code (enlisted – BUPERS-3; offi-
cers – PERS-416); or Headquarters, USMC (POG-40).
(b) Originators must use the WEBWAVE 2
system to securely transmit cases (which contain
HIPAA and PII-protected information).  WEBWAVE 2
expedites case adjudication, allows tracking of cases
under review and provides an accessible archive of
closed cases.  The system’s business rules are designed
to ensure that all necessary components of a request
are submitted and requests are directed electronically
via the proper routing sequence.  BUMED-M95’s
guideline for timely internal review of routine waiver
requests is 10 business days; Urgent cases are acted
upon with 24 hours of receipt.  Access to WEBWAVE
2 is controlled by BUMED-M95.  Commands needing
to submit requests via WEBWAVE 2 but currently
without access may contact BUMED-M95 directly to
validate their requirement and obtain access/training.
(c) For SO personnel, interim waivers may
be granted by BUMED-M95 for periods of up to 6
months.
(1) Interim waivers will not normally be
considered for SO candidates, in as much as their
suitability must be established before the Navy incurs
the expense of TAD orders and training.
(2) Because interim waivers are not re-
viewed by the relevant Waiver Authority, BUMED-
M95 will only grant interim waivers for relatively
routine, frequently encountered conditions for which
it is confident of the waiver authority’s eventual
disposition.  In any case, interim waivers should be
requested sparingly.
(3) BUMED-M95 must receive the final
waiver request prior to the expiration of any interim
waiver which has been granted (typically 6 months).
The final waiver request must include a substantive
interval history pertinent to the condition under
review.
(4) Individuals with lapsed interim wai-
vers are not physically qualified to parachute or deploy
until the final waiver request has been adjudicated.
(5) BUMED-M95’s final recommenda-
tion will be based on the member’s condition at the
time the final waiver request is made and may differ
from the interim determination, if there has been a
change in the member’s condition or if information
presented in the final request dictates a change in
recommendation.
(d) BUMED-M95 will perform ‘courtesy
screening’ for SO candidates, who are potential Navy
accessions, referred by their local Navy Recruiting
Districts (NRD); however, these screens are not
waivers.
(e)
The required elements of a waiver or
disqualification request are:
(1) A special SF 600, prepared by the
UMO, requesting the waiver (or disqualification),
referencing the specific standard for which the
member is NPQ, a clinical synopsis including brief
history, focused examination, clinical course, appro-
priate ancillary studies and appropriate specialty
15-90
Change 168
       3 Feb 2023
App. 008
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 10 of 104   PageID 7381

Exhibit 4
App. 009
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 11 of 104   PageID 7382

App. 010
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 12 of 104   PageID 7383

App. 011
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 13 of 104   PageID 7384

Exhibit 5
App. 012
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 14 of 104   PageID 7385

PERSONNEL AND
READINESS
UNDER SECRETARY OF DEFENSE
4000 DEFENSE PENTAGON
WASHINGTON, D.C. 20301-4000
JAN 3 0 2023
MEMORANDUM FOR SENIOR PENTAGON LEADERSHIP
COMMANDERS OF THE COMBATANT COMMANDS
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Consolidated Department of Defense Coronavirus Disease 2019 Force Health
Protection Guidance - Revision 4
Effective immediately, the preamble, executive summary, and sections 1.3, 1.4, 2.1, 3.3,
4.1-4.4, 5.1-5.5, 5.9-5.10, 5.12, 6, 7.1-7.7, and 9 ofthe "Consolidated Department of Defense -
Coronavirus Disease 2019 Force Health Protection Guidance," (August 29, 2022 version) are
amended as attached. The complete document with amendments is also available at
https://www.defense.gov/Spotlights/Coronavirus-DOD-Response/Latest-DOD-Guidance/.
Where applicable, these changes end coronavirus disease 2019 (COVID-19) screening
testing based on vaccination status; end the requirement to ask about COVID-19 vaccination
status; update protocols for individuals exposed to someone with COVID-19; no longer require
workplace occupancy limits for each Health Protection Condition levels; and modify travel
guidance.
Components should engage with unions to ensure any bargaining obligations pursuant to
chapter 71 of title 5, U.S. Code, are satisfied. Additionally, DoD Components should review in­
place agreements and are encouraged to bring any conflicting provisions into compliance at the
earliest possible opportunity.
Please direct any questions or comments to the following email address:
dha.ncr.ha-support.list.policy-hrpo-kmc-owners@health.mil.
Gilbert R. Cisneros, Jr.
Attachment:
As stated
App. 013
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 15 of 104   PageID 7386

Attachment
1.  The preamble is amended as follows:

This guidance issued by the Under Secretary of Defense for Personnel and Readiness
(USD(P&R)) presents a uniform and consolidated DoD policy for the Department’s response to
the coronavirus disease 2019 (COVID-19) pandemic and serves as the DoD COVID-19
Workplace Safety Plan.1  Implementation of this guidance will comply with:  1) applicable
court orders, Presidential directives, and Office of Management and Budget (OMB) and
Safer Federal Workforce Task Force guidance; and 2) applicable labor obligations to the
extent such obligations do not hinder the DoD Components’ ability to carry out their missions
during this public health emergency.  Prior delegations and exceptions made pursuant to the
rescinded references remain valid unless rescinded by the authorizing official.  Individual
sections of this guidance will be updated as necessary by the USD(P&R).  Commanders and
supervisors may implement additional, more stringent requirements with respect to
masking and physical distancing, as appropriate, to mitigate risk.

* * *

Furthermore, this guidance consolidates, incorporates, and rescinds the following policy
and guidance:

* * *

• Assistant Secretary of Defense for Readiness Memorandum, “Continued
Implementation of the Occupational Safety and Health Administration
Emergency Temporary Standard for Healthcare during the Coronavirus Disease
2019 Pandemic,” August 19, 2022.

2.  The Executive Summary is amended as follows:

The DoD is committed to providing safe working environments across the entire DoD
enterprise, which consists of an approximately 2.9 million-person global workforce deployed or
stationed in nearly 150 countries, including military Service members and their families, and
DoD civilian and contractor personnel that work in a highly complex and large number of
diverse and unique environments.  This force health protection (FHP) Guidance (“Guidance”)
was developed to protect the DoD workforce, which consists of Service members, DoD
civilian employees, contractor personnel, other occupants, and visitors (collectively referred to
as “personnel”) before, during, and after our orderly and final return to the physical workplace
(“final reentry”).  The Guidance is intended to meet the direction of the President’s EOs2 and
guidance from the Safer Federal Workforce Task Force (“Task Force”) and OMBthe Office of
Management and Budget,3,4 and articulate steps the DoD has been and will be taking to halt the
spread of COVID-19.  To ensure consistent application throughout DoD, if the Eos and
guidance change, DoD Components will wait for DoD to update this consolidated guidance
before implementing any changes.

* * *
App. 014
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 16 of 104   PageID 7387

2
DoD has long recognized the threat posed by pandemics and disease outbreaks and has
previously issued guidance, planning, and policy documents to prepare for and respond to such
threats.  The DoD also recognizes that successfully managing the COVID-19 pandemic requires
the flexibility to adapt to changing conditions (e.g., variants, and disease prevalence or virulence)
and new information (e.g., evolving best health and safety practices).  DoD continues to
promote the importance of taking vaccines and boosters to protect our people against the
adverse impacts of COVID-19.  The Department also recognizes that wearing high-quality
masks, testing, and improved ventilation are other factors to reduce COVID-19 exposure
risks.

3.  Section 1.3 is amended as follows:

HPCON level determinations for COVID-19 are based on the CDC COVID-19
Community Levels reported by the CDC,8 which include screening levels that make use of new
case-rates and health and health care systems-related information.  HPCON Levels A, B, and C
correspond directly to CDC COVID-19 Community Levels of low, medium, and high
community transmission, respectively.9, 10

* * *

Footnotes:

8 An overview of the CDC COVID-19 Community Levels is available at: https://www.cdc.gov/coronavirus/2019-
ncov/science/community-levels.html.
9 County Community Levels are available for U.S. States and territories is available at:
https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html.  Find community levels by “State or
Territory” and then by “County or Metro Area.”  Jurisdictions which are not counties, such as the District of
Columbia, also are listed under “County or Metro Area.”  The Pentagon is in Arlington County, Virginia.
10 The CDC COVID-19 Community Levels do not apply in healthcare settings, such as hospitals and
retirement homes.  Instead, healthcare settings should continue to use community transmission rates and
continue to follow CDC’s infection prevention and control recommendations for healthcare settings, as long
as they are more restrictive than FHP guidance.

Table 1 of section 1.3 is amended as follows:

a.  In the second column under HPCON D, the fifth paragraph is amended as follows:

“Military Health System (MHS) health care capability and utilization (percent and trend):
Degradation of MHS capabilities requiring Crisis Status operations; and >95 percent staffed
bed occupancy; or >50 percent military medical treatment facility (MTF) staff in isolation or
quarantine or unvaccinated; or >60 percent staff absent who provide urgent or emergent
care; and Local emergency departments on divert or inability of civilian health care to absorb
excess MHS patients; or Clinical or appointment capability reduced >60 percent in key
departments.”

b.  In the third column under HPCON D:

App. 015
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 17 of 104   PageID 7388

3
Item “a” is deleted and the remaining items re-lettered.

a. Less than 25 percent of normal occupancy in the workplace, or the minimum
required on-site for essential operations that must be conducted in person.

A new “f” is added and the remaining items are re-lettered:    “f.  Schools operated by
Department of Defense Education Activity (DoDEA) will operate remotely.”

Footnote 12, associated with item h, is amended as follows: “12For information about
masking and screening testing at the various HPCON levels, refer to sections 2.1 and 5.3.”

c.  In the third column under HPCON C, “a,” “b,” and “c” are deleted and the remaining items
re-lettered:

a. Less than 50 percent of normal occupancy in the workplace.
b. Consider limiting visitor access to the installation for non-essential mission-
related/operational activities.
c. Limit social gatherings to less than 50 percent facility/room occupancy.

d.  In the third column under HPCON B:

Item “a” is deleted and the remaining items re-lettered:

a. Less than 80 percent of normal occupancy in the workplace.

Item “b” is amended as follows:

a. Reduce potential workplace SARS-CoV-2 exposures through telework, remote work, flexible
scheduling, and other methods, as appropriate. Permit liberal telework where possible,
especially for individuals who self-identify as immunocompromised or being at high risk for
severe disease.

A new “c” is added and the remaining item re-lettered:

c. Each installation and DoD facility will post signage at building entrances and in common
areas of DoD owned and controlled facilities and post information on websites as appropriate
encouraging individuals, regardless of vaccination status, to consider avoiding crowding, and
physically distancing themselves from others in indoor common, areas, meeting rooms, and
high-risk settings.

f.  In the third column under HPCON A:

Item “a” is deleted and the remaining items re-lettered.

a. Less than 100 percent of normal occupancy in the workplace, with telework as appropriate.

Item “d” is amended as follows:

App. 016
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 18 of 104   PageID 7389

4
“c.  DoDEA schools will operate following CDC recommendations and guidelines specific to schools
as implemented in operational procedures and guidance from the Director, DoDEA.13  Children are
not required to mask. Any DoD guidance that is more stringent than CDC guidance must be
followed.”

Footnote added to “d”:  13 https://www.dodea.edu/covid-operations.cfm.

4.  Section 1.4 is amended as follows:

1.4.  TELEWORK WORKPLACE OCCUPANCY LEVELS WITHIN THE HPCON
FRAMEWORK.

Workplace occupancy limits for each HPCON level are included as measures
in Table 1.  The workplace occupancy levels in Table 1 are ceilings, not goals.
Reduced workplace occupancy may be achieved through telework, remote work,
flexible scheduling, and other methods, as appropriate.

At HPCON A or higher, or when a DoD civilian employee is required to
remain out of the workplace under section 5.5, DoD Components are granted an
exception to policy from Enclosure 3, Paragraph 3.j.(2) of Department of Defense
Instruction 1035.01, “Telework Policy,” and may allow DoD civilian employees to
telework with a child or other person requiring care or supervision present at home.  DoD
civilian employees must still account for work and non-work hours during their
tour of duty and take appropriate leave (paid or unpaid) to account for time spent
away from normal work-related duties to care for a child or other person requiring
care or supervision.

DoD Component heads have the authority to grant exemptions for workplace
occupancy limits that are required for national security and the success of critical missions.
DoD Component heads, other than the Secretaries of the MILDEPs, may delegate this
workplace occupancy limit authority in writing to a level no lower than a general/flag
officer or Senior Executive Service (SES) member (or equivalent).  Secretaries of the
MILDEPs may delegate workplace occupancy limit exemption authority in writing to a
level no lower than an O-6 installation commander.  The DA&M has workplace occupancy
limit exemption authority for all DoD Components located on the Pentagon Reservation
and other facilities within the National Capital Region managed by Washington
Headquarters Services.  This authority may be delegated at the discretion of the DA&M.
DLA has workplace occupancy limit exemption authority for four locations.14  When
considering a workplace occupancy limit exemption, those with exemption authority must
take into account the ability to maintain distance between personnel and other public
health and workplace safety measures contained in this Guidance.

A record of all workplace occupancy limit exemptions will be retained by the
exemption authority for the duration of the pandemic and until returning to HPCON 0 and
provided for awareness to the public health office concerned and to the installation
commander, if different from the exemption authority.  FHP measures and other
App. 017
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 19 of 104   PageID 7390

5
appropriate mitigation measures shall be used rigorously in all areas and especially in
areas for which an occupancy exemption has been grant.

14 DLA Land & Maritime (Columbus, OH), DLA Distribution HQ (New Cumberland, PA), DLA Aviation
(Richmond, VA), and DLA Distribution (San Joaquin, CA).

5.  Title of section 2 and section 2.1 are amended as follows:

SECTION 2:  VACCINATION VERIFICATION AND MEASURES BASED ON
VACCINATION STATUS

2.1.  VACCINATION – GENERAL AND TESTING REQUIREMENTS.

Leaders at all levels should encourage Service members, DoD civilian employees, DoD
contractor personnel, and others affiliated with DoD to be up to date on their COVID-19
vaccinations.

1. Service members:

Service members (members of the Armed Forces under DoD authority on active duty or
in the Selected Reserve, including members of the National Guard) are strongly encourgaged
required to be fully vaccinated against up to date with COVID-19 vaccination, including
booster doses subject to any identified contraindications, any administrative or other
exemptions established in DoD policy, and any applicable court orders.

To ensure an accurate medical record, Service members’ vaccination status will be
validated maintained utilizing their Military Service-specific Individual Medical Readiness
(IMR) system.  If a Service member has been vaccinated against COVID-19 outside the military
health system, that Service member must show official proof provide documentation of his or
her COVID-19 vaccination status to update the IMR system.

Once the applicable mandatory vaccination date has passed, COVID-19 screening
testing is required at least weekly for Service members who are not fully vaccinated,
including those who have an exemption request under review or who are exempted from
COVID-19 vaccination and are entering a DoD facility located in a county or equivalent
jurisdiction where the CDC COVID-19 Community Level is high or medium.  Service
members who are not on active duty and who also are DoD civilian employees or DoD
contractor personnel must follow the applicable requirements in section 2.3 for DoD
civilian employees or in section 2.4 for DoD contractor personnel.

2. DoD civilian employees:

* * *

App. 018
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 20 of 104   PageID 7391

6
At least weekly COVID-19 testing is required for those DoD civilian employees who
are not fully vaccinated when the CDC COVID-19 Community Level is high or medium in
the county or equivalent jurisdiction where the DoD facility is located.  DoD civilian
employees who are not fully vaccinated and who telework or work remotely on a full-time
basis are not subject to weekly testing, but must provide a negative result (from a test
performed within the prior 72 hours) for entry into a DoD facility located in the county
where the COVID-19 Community Level is high or medium.

* * *

If they have not already done so, supervisors of DoD civilian employees must ask
DoD civilian employees whether they are fully vaccinated.  Employees who indicate they
are fully vaccinated must provide proof of that vaccination status to their supervisors.
Acceptable proof includes:

a. A copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r,
published on September 3, 2020);
b. A copy of medical records documenting the vaccination;
c. A copy of immunization records from a public health or State immunization
information system; or
d. A copy of any other official documentation containing the data points required
to be verified by the supervisor.

When necessary for implementing FHP measures related to workplace access in
section 5.5, supervisors of DoD civilian employees may ask DoD civilian employees whether
they are up to date with COVID-19 vaccinations.  If there is a supervisory concern about
the accuracy of the DoD civilian employee’s response, DoD civilian employees are required
to provide proof of up-to-date vaccination status.  Supervisors must not inquire about
disabilities when asking DoD civilian employees about up-to-date vaccination status.

* * *

3. DoD contractor personnel:

Vaccination requirements for DoD contractor personnel are outlined in several
references.16  In implementing EO 14042, the DoD will comply with all relevant court
orders.

Onsite DoD contractor personnel will complete the DD Form 3150, “Contractor
Personnel and Visitor Certification of Vaccination”;17  maintain a current completed copy;
and show it to authorized DoD personnel upon request when they work at a DoD facility
where the CDC COVID-19 Community Level is high or medium.  Failure to complete the
DD Form 3150 may result in denying DoD contractor personnel access to the DoD facility
to which access is sought.  Onsite DoD contractor personnel who are not fully vaccinated
against COVID-19, because they are not performing under a covered contract that
requires COVID-19 vaccination, due to a legally required accommodation, or who decline
App. 019
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 21 of 104   PageID 7392

7
to provide information about their COVID-19 vaccination status, will be subject to
COVID-19 screening testing at least weekly when the CDC COVID-19 Community Level
for the facility in which they work is high or medium.  DoD contractor personnel who
refuse required COVID-19 screening testing will be denied access to DoD facilities.

For purposes of the requirements regarding providing information about
vaccination status and screening testing, “contractor personnel” are those individuals
issued a credential by DoD that affords the individual recurring access to DoD facilities,
classified herein as “credentialed recurring access” (CRA) (e.g., Common Access
Cardholders) who are performing under a contractor or subcontract between their
employer and the DoD.  “Contractor personnel” do not include employees of DoD
contractors or subcontractors receiving ad hoc access to DoD facilities (e.g., delivery
personnel, taxi services) or employees of DoD contractors or subcontractors who have
access to the grounds of, but not the buildings on, DoD installations (e.g., contract
groundskeepers, fuel delivery personnel, household goods transportation personnel).

DoD Components should not take any steps to require contractors and
subcontractors to implement the vaccination requirement for contractor personnel in
Executive Order 14042, nor should they include in new solicitations or enforce in existing
contracts (or task orders or delivery orders) any clauses implementing EO 14042.

16 Safer Federal Workforce Task Force, “COVID-19 Workplace Safety: Guidance for Federal Contractors
and Subcontractors,” September 24, 2021; Principal Director for Defense Pricing and Contracting
Memorandum, “Class Deviation 2021-O0009-Ensuring Adequate COVID-l9 Safety Protocols for Federal
Contractors,” October 1, 2021; EO 14042, “Ensuring Adequate COVID Safety Protocols for Federal
Contractors,” September 9, 2021.
17 https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd3150.pdf.

4. Official visitors:

“Official visitors” are non-DoD individuals seeking access, one time or recurring, in
association with the performance of official DoD business (such as to attend a meeting), but who
do not have “credentialed recurring access” (CRA) (e.g., Common Access Cardholders).
“Official visitors” do not include personnel receiving ad hoc access to DoD facilities (e.g.,
delivery personnel, taxi services); individuals who have access to the grounds of, but not the
buildings on, DoD installations (e.g., contract groundskeepers, fuel delivery personnel,
household goods transportation personnel); personnel accessing DoD buildings unrelated to the
performance of DoD business (e.g., residential housing); or  personnel accessing DoD facilities
to receive a public benefit (e.g., commissary; exchange; public museum; air show; military
medical treatment facility; Morale, Welfare, and Recreation resources).

Official visitors will complete DD Form 3150; maintain a current completed DD
Form 3150; and show it to authorized DoD personnel, upon request when they are visiting
a DoD facility where the CDC COVID-19 Community Level is high or medium.  Failure to
complete the DD Form 3150 may result in denial of an official visitor’s access to the DoD
facility to which access is sought.  Service members not on active duty or active duty for
training are also subject to the requirements in this paragraph.
App. 020
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 22 of 104   PageID 7393

8
When visiting a DoD facility where the CDC COVID-19 Community Level is high
or medium, official visitors who are not fully vaccinated against COVID-19, or who decline
to provide information about their vaccination status, must show an electronic or paper
copy of negative results from an FDA-authorized or approved COVID-19 test administered
no earlier than 72 hours prior to their visit.  If unable to show a negative COVID-19 test
result, the official visitor may be provided onsite self-testing, if available, or will be denied
access to the DoD facility (or facilities) to which access is sought.  Service members who are
not on active duty or on active duty for training at the time of their official visit are subject
to the requirements in this paragraph.

6.  Section 3.3 is amended as follows:

* * *

DoD contractor personnel suspected of having contracted COVID-19, or for whom
testing is required for workplace surveillance or official travel, may be offered screening testing,
subject to available funding, if such testing is necessary to support mission requirements and is
consistent with applicable contracts.  For example, if testing is explicitly called for under the
contract; or if testing is required to access a DoD facility and the contractor personnel must
access the DoD facility to perform under the contract.  DoD contracting officers may also
modify existing contracts to require contractors to test their personnel, or to permit DoD to
test their personnel, as necessary to support mission requirements and subject to available
funding.

7.  Section 4.1 is rescinded.

8.  Section 4.2 is amended as follows:

* * *

• Contact tracing of confirmed COVID-19 positive cases to infected persons, as
described in section 4.4 in accordance with all applicable Federal, State, local,
and DoD requirements.

9.  Section 4.3 is amended as follows:

* * *

• DoD Components may, in consultation with public health advisors, conduct
surveillance and screening testing of Service members to reduce risk in select high-
risk congregate settings, on ships, at training sites, during events, or in remote
locations where early identification, isolation, and quarantine are important.
App. 021
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 23 of 104   PageID 7394

9
Screening testing protocols may involve testing of all Service members prior to
participation in an event (such as an exercise or training evolution) with or without
testing during the event.  Finally, screening testing may be performed using a
surveillance protocol in which a specified percentage of randomly selected Service
members are tested during regular intervals over a period of heightened vulnerability
such as when case rates are very high or medical resources are in high demand.

1. Execute the screening testing requirement with FDA approved or authorized
COVID-19 self-collection kits or self-tests.  Testing should be performed
primarily onsite at the installation or facility with proper supervision and
documentation of testing results.  If onsite COVID-19 screening testing is not
feasible, as an alternative self-testing may be performed at home or in other
locations.  (Note: these COVID-19 self-tests do not require a health care
provider’s clinical care order and are, therefore, considered an over-the-
counter test and do not require medical support to complete).

2. Establish guidance for where and how these tests will be distributed and
conducted, and how results are to be reported.

3. After COVID-19 screening testing procedures are established, Service
members subject to screening testing are required to have a negative
COVID-19 screening test result for entry into a DoD facility. If the COVID-
19 screening test is administered onsite, the test will be administered before
Service members go to their work areas. Service members who have tested
positive and do not have symptoms are exempted from regular screening
testing for 30 days following the documented date of their initial positive test
of COVID-19.  Documented proof of this positive test date shall be provided
upon request.

• Voluntary testing of eligible family members, DoD civilian employees, and DoD
contractor personnel (if appropriate and permitted in accordance with applicable
contracts) who, if infected with COVID-19, could impact the DoD workforce and
missions, may be conducted in support of the DoD’s effort to interrupt transmission
of the virus among our populations.  Testing will be conducted based on availability
and managed at the DoD Component level.  DoD civilian employees and DoD
contractor personnel with CRA with positive COVID-19 screening tests will be
offered, but not required to take, FDA approved or authorized confirmatory
laboratory-based molecular (i.e., polymerase chain reaction) testing paid for by
the relevant DoD Component.  Contact tracing and mitigation measures will be
conducted in accordance with sections 4.4 and 5.5.

App. 022
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 24 of 104   PageID 7395

10
10.  Section 4.4 is amended as follows:

4.4.  COVID-19 CONTACT TRACING AND TESTING.

DoD Components will conduct contact tracing on all COVID-19 cases identified
through testing activities and prioritize investigation of COVID-19 cases, clusters, and
outbreaks involving high-risk congregate settings, unusual clusters of cases, and considered
for novel or emerging variants that pose a significant risk for severe disease,
hospitalization, or death.  Follow-on quarantine or isolation measures and testing will be
implemented as indicated.DoD Components will conduct contact tracing on all COVID-19
cases identified in health care settings and certain high-risk congregate settings, unusual
clusters of cases, and cases involving novel or emerging variants that pose a significant risk
for severe disease, hospitalization, or death.  In identifying certain settings in which to
conduct contact tracing, DoD Component public health emergency officers should consider
data reported to local and State public health entities and surveillance programs
administered by the DoD and other Federal agencies.

11.  Section 5.1 is amended as follows:

* * *

• Avoid close contact (within 6 feet of any individual for a total of 15 minutes or
more over a 24-hour period) with people.
• Consider exposure risks.

* * *

• Launder or replace masks regularly Use dry, clean masks to promote good
hygiene.

* * *

b. Installations will post signage about specific measures applicable to the
installation, such as mask wearing and physical distancing requirements, and on
installation websites, as appropriate.

12.  Section 5.2 is rescinded.

App. 023
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 25 of 104   PageID 7396

11
13.  Section 5.3. is amended as follows:

* * *

• When the CDC COVID-19 Community Level1 is high in the county or equivalent
jurisdiction where a DoD installation or facility is located, indoor mask-wearing is
required for all individuals, including Service members, DoD civilian employees,
onsite DoD contractor personnel (collectively, “DoD personnel”), and visitors,
regardless of vaccination status.  Each installation and DoD facility will post
signage at building entrances and in common areas of DoD owned and
controlled facilities when the CDC COVID-19 Community Level is high
indicating that masks are required.

* * *

• Individuals may choose to wear a mask regardless of the CDC COVID-19
Community Level.

* * *

11. When individuals are enrolled in a respiratory protection program and are wearing
a respirator during the performance of duties requiring respiratory protection.
Components that want to distribute N95 respirators to personnel must follow
an OSHA respiratory protection program.

* * *

d. Transportation:  All individuals must wear a mask on DoD aircraft, boats and
other maritime conveyances, and buses traveling into, within, or out of the United States,
and indoor DoD transportation hubs, regardless of vaccination status and the CDC
COVID-19 Community Levels.  Masks are optional in outdoor areas of these conveyances
(if such outdoor areas exist on the conveyance) or while outdoors at transportation hubs, if
these areas are uncrowded.  Masking requirements apply whether the DoD aircraft, boats
and other maritime conveyances, and buses are located inside or outside the United States,
but exclude these conveyances and other tactical vehicles and craft in their operational
environment.  It is recommended that individuals wear a mask in Government cars, vans,
or other low occupancy transportation assets, regardless of the CDC COVID-19
Community Level.It is recommended that all individuals wear masks on DoD conveyances
(e.g., aircraft, maritime vessels, and buses) and in Government cars, vans, or other low
occupancy transportation assets when more than one person is present.

e. Notwithstanding the above, and regardless of the CDC Community Level, masks
must be worn by masking of patients, visitors, and personnel working in DoD health care
facilities (including military medical, dental, and veterinary treatment facilities) will occur in

1 See section 1.3 for information about CDC COVID-19 Community Levels.
App. 024
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 26 of 104   PageID 7397

12
accordance with requirements specified in 29 CFR § 1910.502 and in accordance with
OSHA and CDC guidelines.22  Masks will be worn by visitors and patients to DoD military
medical and dental treatment facilities except while undergoing medical examinations or
procedures that interfere with those activities.

Footnote added: 22 “Interim Infection Prevention and Control Recommendations for Healthcare
Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic,” September 23, 2022.
Available at: https://www.cdc.gov/coronavirus/2019-ncov/hcp/infection-control-
recommendations.html.

14.  Section 5.4 is amended as follows:

* * *

Management of Close Contacts of a Case (as determined by contact tracing):23

• Quarantine is not required for Service members who are close contacts and who are up-
to-date with an FDA licensed or authorized COVID-19 vaccine, or a World Health
Organization Emergency Use Listing COVID-19 vaccine.  Regardless of vaccination
status, cClose contacts identified through contact tracing or through exposure must wear
a mask around others indoors for 10 days, even if mask wearing is not otherwise required by
DoD guidance,. and if  practical, Service members in the workplace must test on day at
least once after 5 full days following exposure.  If symptoms develop, then the individual
must get tested and isolate until test results are complete.
• Close contact Service members who are not up-to-date with the COVID-19 vaccine
must quarantine for 5 days.  The Service member should wear a mask at all times when
around other individuals, regardless of those individuals’ vaccination status, and even if
mask wearing is not otherwise required by DoD guidance.  Testing should occur on day
5 after exposure.  If no symptoms develop, quarantine may end after 5 days, but the
Service member must continue to wear a mask around others for an additional 5 days
(i.e., masks must be worn for a total of 10 days after exposure, including the time in
quarantine).  If any symptoms develop at any time, the individual should be tested for
COVID-19 and advised to isolate.
• Exceptions to the above protocols for asymptomatic Service members with potential
exposure based on close contact who are not fully vaccinated, and whose presence is
required in the workplace, may be considered in cases of mission-essential activities
that must be conducted on site.  This exception may be granted in writing by the first
general/flag officer, SES member, or equivalent, in the chain of command/chain of
supervision or, for those locations that do not have general/flag officers or SES leaders,
by O-6 installation commanders.  Vaccination status of the Service member should be
considered in granting an exception, as more risk will be assumed in granting an
exception for a Service member who is not fully vaccinated.  Service members who
develop signs or symptoms consistent with COVID-19 during the duty period, he/she
will be ordered to return to quarters and provided instructions for compliance with this
guidance.  Service members granted an exception must comply with the following
practices for 5 days after the last exposure:
App. 025
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 27 of 104   PageID 7398

13
o Obtain a COVID-19 test on calendar day 5;
o Conduct daily COVID-19 symptom screening with temperature checks;
o Wear a mask in the workplace for 10 calendar days after exposure, even if mask
wearing is not otherwise required by DoD guidance;
o Practice hand and cough hygiene;
o Refrain from sharing headsets or other objects used near the face;
o Continue to physically distance as much as possible; and
o Clean and disinfect their workspace daily
• In all situations, for a full 10 days after last contact with a confirmed case exposure,
Service members must continue to self-monitor, and practice strict adherence to all non-
pharmaceutical intervention mitigation strategies, and, if not fully vaccinated, wear masks,
avoid crowds and practice physical distancing, hand and cough hygiene, maintain adequate
indoor ventilation, and perform environmental cleaning and disinfection.  In addition, Service
members located outside the United States identified as close contacts must follow host-
nation policies, as applicable.

Testing Quarantined Individuals Who Develop Symptoms:

Test eligible Service members in quarantine who develop symptoms commonly
associated with COVID-19.

• If laboratory positive:  The Service member becomes a case and must be isolated (see
above).
• If laboratory negative:  The Service member must continue to follow procedures for
quarantine as outlined above.

* * *

• If Service members become symptomatic during this time frame (whether or not they are a
close contact of a case) they must self-isolate immediately and be evaluated by a health
care provider retest to determine if they may have been re-infected with SARS-CoV-2 or if
symptoms are caused by another etiology.  Isolation may be warranted during this time is
required, particularly if symptoms developed within 10 days after close contact exposure
with to an individual who has contracted COVID-19.

* * *

Contacts of Contacts:  There is no indication to quarantine asymptomatic Service members
who are contacts of contacts; they should continue to self-monitor for symptoms.

App. 026
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 28 of 104   PageID 7399

14
15.  Section 5.5 is amended as follows:

* * *

b. Regardless of COVID-19 vaccination status, pPersonnel who test positive for
COVID-19 will remain out of the workplace for 5 days (day 0 is the day symptoms started or
date of specimen collection if asymptomatic).  To calculate the recommended time frames,
day 0 is the day tested if no symptoms, or the date symptoms started.  Personnel who test
positive for COVID-19 Individuals may return to the DoD workplace after 5 days, if either:
(1) they have no symptoms; or (2) if they are afebrile fever-free for more than 24 hours
(without the use of fever-reducing medication) and any remaining symptoms are resolving.
Mask wearing must continue in the workplace for an additional 5 days (for a total of 10 days
post-positive result), even if mask wearing otherwise is not required by DoD guidance.

c. Personnel with potential exposure exposed to COVID-19 based on close contact
with a person who has a laboratory confirmed, clinically diagnosed, or presumptive case of
COVID-19 will notify their supervisor.

1. Asymptomatic personnel with potential exposure to COVID-19 based on
close contact who are:  (1) not fully vaccinated; or (2) are not up-to-date with the COVID-
19 vaccine will remain out of the workplace for 5 days.  Regardless of vaccination status,
aAsymptomatic personnel with potential exposure exposed to COVID-19 close contact must
wear a mask in the workplace for 10 days, even if mask wearing otherwise is not required by
DoD guidance.

2. In cases of mission-essential activities that must be conducted on site,
asymptomatic personnel with potential exposure to COVID-19 based on close contact, who
otherwise would need to remain out of the workplace, may be granted an exception to
continue to work on site provided they remain asymptomatic, do not have a positive test for
COVID-19, and comply with the following key practices for 5 days after the last exposure:

• Obtain a COVID-19 test on day 5;
• Conduct daily pre-screening with temperature checks;
• Wear a mask in the workplace for 10 days after exposure, even if mask
wearing is not otherwise required by DoD guidance,
• Practice hand and cough hygiene;
• Refrain from sharing headsets or other objects used near the face;
• Continue to physically distance as much as possible; and
• Clean and disinfect their workspaces daily.

This exception may be granted by the first general/flag officer or member of the
SES, or equivalent, in the chain of command/chain of supervision or, for those
locations that do not have general/flag officers or SES leaders, by O-6
installation commanders.  If the individual develops signs or symptoms
consistent with COVID-19 during the duty period, he/she will be sent home
immediately.
App. 027
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 29 of 104   PageID 7400

15
* * *

d. DoD civilian employees who are remaining out of the workplace because of
COVID-19 symptoms and who are waiting for a test result may telework if able to do so.  If
they are unable to or do not feel well enough to telework, they may request sick leave, use
accrued annual leave or other forms of earned paid time off (e.g., compensatory time off or
credit hours), or use unpaid leave, as appropriate.  Weather and safety leave is unavailable
in this situation, but to mitigate exposure risks in the workplace, and on a limited basis, up
to 1 day of administrative leave may be offered to DoD civilian employees who have
COVID-19 symptoms and are remaining out of the workplace while actively seeking to be
tested.

e. DoD civilian employees who test positive for COVID-19 may telework during the
5 days they are required to remain out of the workplace if able to do so.  If they are unable
to or do not feel well enough to telework, they may request sick leave, use accrued annual
leave or other forms of paid time off (e.g., compensatory time off or credit hours), or use
unpaid leave in this situation, as appropriate.  Weather and safety leave is not available in
this situation.

16.  Section 5.9 is amended as follows:

The SARS-CoV-2 virus is transmitted mainly by large respiratory droplets, but infected
individuals generate aerosols and droplets across a large range of sizes and concentrations. There
is no need to shut down air HVAC, air handling systems, or air vents to prevent the spread of
COVID-19 within a building.  Increasing indoor air movement and ventilation is a cornerstone of
COVID-19 transmission mitigation strategy.  Ensure existing HVAC systems in buildings are
functioning properly, ensure the amount of outside air supplied to the HVAC system is
maximized to the extent appropriate and compatible with the HVAC systems’ capabilities, and
ensure the use of air filters that have a Minimum Efficiency Reporting Value-13 or higher filter
where the system can accommodate this type of filtration efficiency.  In addition to the
requirements for existing HVAC systems, building managers should consider other measures to
improve ventilation in accordance with as set forth in CDC guidance (e.g., opening windows
and doors to let in outside air) at:  (https://www.cdc.gov/coronavirus/2019-
ncov/community/ventilation.html) and guidance from American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE;
https://www.ashrae.org/file%20library/technical%20resources/ashrae%20journal/2020jou
rnaldocuments/72-74_ieq_schoen.pdf).

17.  Section 5.10 is amended as follows:

a.  General workplace:  COVID-19 is a recordable occupational illness if a worker
contracts the virus as a result of performing his or her occupational duties and if all of the
following conditions are met:  (1) COVID-19 illness is a confirmed case; (2) contraction
of COVID-19 is work-related as described in 29 CFR § 1904.5 (this condition will
App. 028
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 30 of 104   PageID 7401

16
require a determination by the commander or supervisor who may require input from the
worker’s health care provider); (3) the case of illness satisfies the requirement as a
recordable illness as set forth in 29 CFR § 1904.7 (e.g., medical treatment beyond first
aid is required, the number of calendar days away from work meets the stated threshold).2

b.  Health care providers:  Adhere to COVID-19 illness recordkeeping and reporting
procedures contained in 29 CFR §§ 1910.502(q)(2)(ii), 1910.502 (q)(3), and
1910.502(r).

18.  Section 5.12 is amended as follows:

If workers are planning to conduct maintenance in a residence where a person who is
known or suspected to have contracted COVID-19 resides and the maintenance is necessary and
cannot be delayed, the resident should be asked to remove all items that would impede the work
of the maintenance personnel.  The resident should clean the area of any dirt, debris, dust, etc.
that would impact the effectiveness of surface disinfectant used by maintenance personnel.
Workers should maintain a the maximum possible distance of at least 6 feet from the resident
who is known to have or suspected of having contracted COVID-19, and ask that the resident
remain in a separate room while maintenance is conducted.  If a separate room for the resident is
unavailable and the worker is unable to remain 6 feet in physically distance from the resident
during the work, appropriate protective equipment for close contact exposure risks must be
worn by the worker.  If necessary, clean and disinfect the work area following the procedures for
personnel protection described in section 5.8.

19.  Section 6 is amended as follows:

For any planned in-person meetings, events, and conferences (referred collectively
herein as “meetings”) sponsored by DoD with more than 50 participants in a county or
equivalent jurisdiction where the CDC COVID-19 Community Level is high, the meeting
organizer will obtain advance written approval from the DoD or Office of the Secretary of
Defense (OSD) Component head concerned to hold the meeting.  The DoD or OSD
Component head concerned may delegate this authority in writing to their Principal
Deputy (or equivalent) but no lower.  For the Pentagon Reservation, the approval authority
is the DA&M and this authority may not be further delegated.

For any in-person meetings in a county or equivalent jurisdiction where the CDC
COVID-19 Community Level is high or medium, the meeting organizer will require all
attendees, including Service members and DoD civilian employees, to show a completed DD
Form 3150, “Contractor Personnel and Visitor Certification of Vaccination” and will
follow the applicable requirements in section 5.2 for physical distancing.  For any in-person
meetings in a county or equivalent jurisdiction where the CDC COVID-19 Community

2 The reporting requirements are described in more detail in DoDI 6055.07, “Mishap Notification, Investigation,
Reporting, and Record Keeping,” and at: https://www.osha.gov/recordkeeping.
App. 029
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 31 of 104   PageID 7402

17
level is low, the meeting organizers will follow the applicable requirements in section 5.2 for
physical distancing.

In-person attendees who are not fully vaccinated, or who decline to provide
information about their vaccination status, may not attend the meeting if they do not show
the meeting organizer proof of a negative FDA approved or authorized COVID-19 test
completed no earlier than 72 hours prior to the meeting, and at least weekly if the meeting
is greater than one week in duration.  Meetings do not include military training and
exercise events conducted by MILDEPs.

For any planned in-person meetings, events, and conferences (referred collectively
herein as “meetings”) sponsored by DoD in a county or equivalent jurisdiction where the
CDC COVID-19 Community Level is high or medium, the meeting organizer will require
all attendees, including Service members and DoD civilian employees, to physically
distance and will limit attendance as necessary to maintain physical distance.  Where the
CDC COVID-19 Community Level is high, meeting organizers will require all attendees to
wear high-quality masks.  Meetings do not include military training and exercise events
conducted by MILDEPs.

20.  Section 7.1 is amended as follows:

In all cases, no personnel may engage in official travel if they have tested positive for
COVID-19 and have not yet met the criteria for discontinuing isolation, they are
symptomatic, or they are pending COVID-19 test results.  After discontinuing isolation,
personnel should avoid official travel until 10 calendar days after their symptoms started
or the date of their positive test.  If these personnel must travel on days 6 through 10, they
must properly wear a well-fitting mask when they are around others for the entire duration
of travel, even if mask wearing is not otherwise required by DoD guidance.  Official travel
should also be delayed if, in the past 10 days, an individual has been exposed to someone
who has tested positive for, and/or been symptomatic of, COVID-19.  Prior to travel, all
official travelers should be educated on how to self-monitor and what actions to take if one
develops signs or symptoms consistent with COVID-19 or contracts COVID-19.

Fully vaccinated individuals are not restricted from official travel, both domestic
and international.  Individuals who are not fully vaccinated, or who decline to provide
information about their vaccination status, are limited to mission-critical official travel,
both domestic and international.  “Mission-critical” will be determined by the traveler’s
DoD or OSD Component head, who may delegate this authority in writing to the
Component’s Principal Deputy (or equivalent) but no lower.  For the purpose of this FHP
guidance, travel associated with permanent changes of station, travel in connection with
Authorized or Ordered Departures issued by the Department of State, or travel in
evacuations ordered by the appropriate DoD official is deemed to be “mission-critical.”

During all official travel, travelers will follow all applicable Federal, State, local, and
commercial air carrier requirements, and applicable HN requirements as a means to respect HN
law.  In addition to completion of required or recommended ROM, aAdditional requirements
App. 030
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 32 of 104   PageID 7403

18
may be necessary when traveling to, or from, locations outside, and within, the United States, .
Ttravelers will follow any requirements in the Electronic Foreign Clearance Guide pertaining to
entry, movement, or operations into a HN.  Travelers will also refer and adhere to local updates
in HN for travel and movement within the HN.

For travel via military airlift (contracted or organic), Aerial Point of Embarkation
(APOE) health screening is mandatory.  Travelers who have a medical issue identified
during screening or who refuse to be screened at the APOE may be denied travel.

The waiver authority available to the Secretaries of the MILDEPs, heads of OSD
Components, Chief of the National Guard Bureau, and Commanders of the GCCs for
official travel is specified in section 7.4.  Travel that is limited to transit between, and through,
foreign countries contained wholly within a single GCC area of responsibility, and between GCC
areas of responsibility, is not subject to this memorandum and will be managed by each relevant
GCC or GCCs as appropriate.

21.  Section 7.2 is rescinded.

22.  Section 7.3 is rescinded and replaced with the following:

7.2.  ROM REQUIREMENTS

ROM after arrival at the travel destination may or may not be required by
the HN. Travelers should consult the Electronic Foreign Clearance Guide
(https://www.fcg.pentagon.mil/fcg.cfm) and check with the MILDEPs and GCCs for
current information.

23.  Section 7.4 is rescinded.

24.  Section 7.5 is rescinded and replaced with the following:

7.3.  OFFICIAL TRAVEL FROM THE UNITED STATES TO A FOREIGN COUNTRY.

1. Service Members and DoD civilian employees:

Service members and DoD civilian employees must follow all requirements imposed
by the GCC with responsibility over the destination geographic area, including all
applicable HN procedures as a means to respect HN law, and all requirements of the
Electronic Foreign Clearance Guide.

2. DoD family members:

App. 031
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 33 of 104   PageID 7404

19
Service members must attest that, to the best of their knowledge, their family
members have followed the same requirements as those set forth for Service members in
this guidance.  Failure to do so may result in delay or cancellation of previously authorized
travel.  This attestation requirement will be incorporated into travel orders issued to
Service members.

3. DoD contractor personnel

DoD contracting officers will ensure that all contracts that include performance
outside the United States require DoD contractor personnel to comply with the country
entry requirements of the respective GCC.

25.  Section 7.6 is re-numbered as section 7.4.

26.  Section 7.7 is rescinded.

27.  Section 9 is amended as follows:

Close contact.  Close contact is defined as someone who was within 6 feet of a person who
has contracted COVID-19 for a cumulative total of 15 minutes or more over a 24-hour
period starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior
to test specimen collection) until the time the patient is isolated and irrespective of whether
the person with COVID-19 or the contact of such a person was wearing a face covering or
mask or respiratory personal protective equipment.

Exposed.  Persons are considered to be exposed to COVID-19 if they were less than 6 feet
away from an infected person (laboratory-confirmed or a clinical diagnosis) for a total of
15 minutes or more over a 24-hour period, unless both parties were wearing masks or
respirators.  Individuals and supervisors may also assign the “exposed” classification below
the thresholds above based on the following additional criteria:

• Cough or heavy breathing:  Was the infected person coughing, singing, shouting, or
breathing heavily?  Activities like coughing, singing, shouting and breathing heavily
due to exertion increase the risk of transmission.
• Symptoms:  Did the infected person have symptoms at the time?  Being around
people who are symptomatic increases the risk of transmission.
• Ventilation and filtration: How well-ventilated was the space?  Risk of transmission
is increased in poorly ventilated vehicles or rooms.
• Physical Distance:  Crowded settings can raise the likelihood of being close to
someone with COVID-19.  Keep in mind that while maintaining a distance beyond 6
feet of an infected person will limit exposures from larger droplets, exposures can
occur beyond 50 feet based on ventilation, masking, and other factors.

App. 032
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 34 of 104   PageID 7405

20
* * *

Fully vaccinated.

An individual is considered “fully vaccinated” when at least 2 weeks have elapsed after a
second dose of a two-dose COVID-19 vaccine series (e.g., PfizerBioNTech/Comirnaty, or
Moderna/Spikevax, or Novavax vaccines), or 2 weeks after receiving a single dose of a one-dose
COVID-19 vaccine (e.g., Johnson & Johnson’s Janssen vaccine) that are:  (1) fully licensed
(approved) or authorized or approved by the FDA; or (2) listed for emergency use on the
World Health Organization Emergency Use Listing (e.g., AstraZeneca/Oxford); or (3) approved
for use in a clinical vaccine trial for which vaccine efficacy has been independently
confirmed (e.g., Novavax).

An individual is “not fully vaccinated” if the individual either has not completed the full
COVID-19 vaccination primary dose series; or declines to provide his or her COVID-19
vaccination status and declines to provide any requested proof of that status.

* * *
Mask.  Acceptable masks high-quality are non-medical disposable masks; masks made with
layered breathable fabric (such as cotton); masks made with tightly woven fabric that does not
let light pass through when held up to a light source; masks with two or three layers; masks with
inner filter pockets, or, on a voluntary basis in non-medical settings, an N95-type filtering face
piece. A good practice is to wear a disposable mask underneath a cloth mask for added
protection as long as this does not interfere with breathing. Novelty or non-protective masks,
masks with ventilation valves, bandanas, and face shields are not authorized as a substitute for
masks.  Masks must fit snugly around the nose and chin with no large gaps around the sides
of the face.Masks must be well fitting and worn correctly and consistently (around the nose
and chin).

Physically distance.  Maintain separation between individuals and prevent crowding in
areas.

* * *

Up-to-Date.  A person has received all recommended COVID-19 vaccines, including any
booster dose(s) recommended when eligible.  Booster doses are recommended, but are not
required.
App. 033
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 35 of 104   PageID 7406

Exhibit 6
App. 034
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 36 of 104   PageID 7407

Current as of January 30, 2023
1
Consolidated Department of Defense Coronavirus Disease 2019
Force Health Protection Guidance

This guidance issued by the Under Secretary of Defense for Personnel and Readiness
(USD(P&R)) presents a uniform and consolidated DoD policy for the Department’s response to
the coronavirus disease 2019 (COVID-19) pandemic and serves as the DoD COVID-19
Workplace Safety Plan.1  Implementation of this guidance will comply with:  1) applicable
court orders, Presidential directives, and Office of Management and Budget (OMB) and
Safer Federal Workforce Task Force guidance; and 2) applicable labor obligations to the
extent such obligations do not hinder the DoD Components’ ability to carry out their missions
during this public health emergency.  Prior delegations and exceptions made pursuant to the
rescinded references remain valid unless rescinded by the authorizing official.  Individual
sections of this guidance will be updated as necessary by the USD(P&R).  Commanders and
supervisors may implement additional, more stringent requirements with respect to
masking and physical distancing, as appropriate, to mitigate risk.

This guidance will be posted, and updated as necessary, at:
https://www.defense.gov/Explore/Spotlight/Coronavirus/Latest-DOD-Guidance/.  DoD
Components should monitor this website to obtain the most current version of this guidance.
Changes from the previous version will be identified in bold and italics.

Furthermore, this guidance consolidates, incorporates, and rescinds the following policy
and guidance:

• Secretary of Defense Memorandum, “Guidance for Commanders’ Risk-Based
Responses and Implementation of the Health Protection Condition Framework
During the Coronavirus Disease 2019 Pandemic,” April 29, 2021
• Secretary of Defense Memorandum, “Use of Masks and Other Public Health
Measures,” February 4, 2021
• Secretary of Defense Memorandum, “Updated Conditions-based Approach to
Coronavirus Disease 2019 Personnel Movement and Travel Restrictions.”
March 15, 2021
• Secretary of Defense Memorandum, “Way Forward for SARS-CoV-2 Testing Within
the Department of Defense,” April 29, 2021
• Deputy Secretary of Defense Memorandum, “Updated Coronavirus Disease 2019
Guidance Related to Travel and Meetings,” September 24, 2021
• Deputy Secretary of Defense Memorandum, “Mandatory Coronavirus Disease 2019
Vaccination of DoD Civilian Employees,” October 1, 2021
• Under Secretary of Defense Memorandum, “Administrative Leave for Coronavirus
Disease 2019 Vaccination of Department of Defense Employees,” April 14, 2021
• Under Secretary of Defense Memorandum, “Force Health Protection Guidance for
the Novel Coronavirus,” January 30, 2020, and all supplements.

1 Executive Order (EO) 13991, “Protecting the Federal Workforce and Requiring Mask-Wearing,” January 20, 2021.
App. 035
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 37 of 104   PageID 7408

Current as of January 30, 2023
2
• Under Secretary of Defense Memorandum, “Civilian Personnel Guidance for DoD
Components in Responding to Coronavirus Disease 2019,” March 8, 2020
• Under Secretary of Defense Memorandum, “Updated Guidance for Mask and
Screening Testing for all Department of Defense Installations and Other Facilities,”
March 1, 2022
• Assistant Secretary of Defense for Readiness Memorandum, “Continued
Implementation of the Occupational Safety and Health Administration
Emergency Temporary Standard for Healthcare during the Coronavirus Disease
2019 Pandemic,” August 19, 2022.

Note:  The Deputy Secretary of Defense approved the rescission of listed Deputy Secretary of Defense and Secretary
of Defense memoranda and consolidation of these references into this guidance in Deputy Secretary of Defense
Memorandum, “Updated Coronavirus Disease 2019 Guidance Related to Travel and Meetings,” September 24, 2021.
This September 24, 2021 memorandum authorized the USD(P&R) to rescind memoranda issued by the Secretary of
Defense or the Deputy Secretary of Defense for purposes of updating and consolidating force health protection
guidance on travel, meetings, or any other COVID-19 personnel- or health-related matter.

App. 036
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 38 of 104   PageID 7409

Current as of January 30, 2023
3
LIST OF REVISIONS

Section
Date of Most
Recent Revision
Preamble
January 30, 2023
Executive Summary
January 30, 2023
Section 1 – Health Protection Condition (HPCON) Framework

1.1. HPCON Framework.
August 29, 2022
1.2. Authority to Determine HPCON Levels.
August 8, 2022
1.3. Criteria for Changing HPCON Levels.
January 30, 2023
1.4. Telework.
January 30, 2023
Section 2 – Vaccination

2.1. Vaccination – General.
January 30, 2023
Section 3 – Conducting Testing for Suspected COVID-19 Cases and
General Eligibility for DoD-Conducted Testing

3.1. Vaccination and Testing Requirements.
April 4, 2022
3.2. DoD Laboratories and Tests.
August 8, 2022
3.3. Eligibility for DoD Personnel, Other Beneficiaries, and Other
Populations for Testing.
January 30, 2023
Section 4 – Surveillance and Screening Testing

4.1. [Reserved].
January 30, 2023
4.2. Health Surveillance Activities.
January 30, 2023
4.3. Methods for Operational Risk Reduction.
January 30, 2023
4.4. COVID-19 Contact Tracing.
January 30, 2023
Section 5 – Protecting Personnel

5.1. General Measures for Personnel.
January 30, 2023
5.2. [Reserved].
January 30, 2023
5.3. Masks.
January 30, 2023
5.4. Case Management and Restricting Workplace Access – Service
Members.
January 30, 2023
5.5. Restricting Workplace Access – Personnel Other Than Service
Members.
January 30, 2023
5.6. Restricting Workplace Access – State and Local Restrictions.
April 4, 2022
5.7. Issuance of Medical Personal Protective Equipment.
April 4, 2022
App. 037
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 39 of 104   PageID 7410

Current as of January 30, 2023
4
5.8. Cleaning and Disinfecting.
April 4, 2022
5.9. Heating, Ventilation, and Air Conditioning (HVAC).
January 30, 2023
5.10. OSHA-Required Illness Recordkeeping
January 30, 2023
5.11. Safety Audits, Inspections, and Training.
April 4, 2022
5.12. Maintenance.
January 30, 2023
Section 6 – Meetings
January 30, 2023
Section 7 – Travel

7.1. General Travel Guidance.
January 30, 2023
7.2. ROM Requirements.
January 30, 2023
7.3. Official Travel from the United States to a Foreign Country.
January 30, 2023
7.4. Additional Guidance for Reserve and National Guard Personnel. April 4, 2022
Section 8 – Protection of Personally Identifiable Information Related
to COVID-19

8.1. General.
April 4, 2022
8.2. Additional Requirements for Information Collected from DoD
Civilian Employees.
April 4, 2022
Section 9 – Definitions
January 30, 2023

App. 038
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 40 of 104   PageID 7411

Current as of January 30, 2023
5
TABLE OF CONTENTS

EXECUTIVE SUMMARY ..................................................................................................................... 6
SECTION 1:  HEALTH PROTECTION CONDITION (HPCON) FRAMEWORK ......................................... 8
1.1.  HPCON Framework.......................................................................................................... 8
1.2.  Authority to Determine HPCON Levels. .......................................................................... 8
1.3.  Criteria for Changing HPCON Levels. ............................................................................. 9
1.4.  Telework ......................................................................................................................... 14
SECTION 2:  VACCINATION ............................................................................................................. 15
2.1.  Vaccination – General. .................................................................................................... 15
SECTION 3:  CONDUCTING TESTING FOR SUSPECTED COVID-19 CASES AND GENERAL
ELIGIBILITY FOR DOD-CONDUCTED TESTING ................................................................................ 27
3.1.  Testing Considerations.................................................................................................... 27
3.2.  DoD Laboratories and Tests. .......................................................................................... 27
3.3.  Eligibility of DoD Personnel, Other Beneficiaries, and Other Populations for Testing. 28
SECTION 4:  SURVEILLANCE AND SCREENING TESTING .................................................................. 30
4.1.  Conducting Required Screening Testing [Reserved] ...................................................... 30
4.2.  Health Surveillance Activities. ....................................................................................... 32
4.3.  Methods for Operational Risk Reduction. ...................................................................... 33
4.4.  COVID-19 Contact Tracing. ........................................................................................... 34
SECTION 5:  PROTECTING PERSONNEL ........................................................................................... 35
5.1.  General Measures for Personnel. .................................................................................... 35
5.2.  Physical Distancing [Reserved]. ..................................................................................... 35
5.3.  Masks. ............................................................................................................................. 36
5.4.  Case Management and Restricting Workplace Access – Service Members................... 38
5.5.  Restricting Workplace Access – Personnel Other Than Service Members. ................... 40
5.6.  Restricting Workplace Access – State And Local Restrictions. ..................................... 42
5.7.  Issuance Of Medical Personal Protective Equipment. .................................................... 42
5.8.  Cleaning And Disinfecting. ............................................................................................ 43
5.9.  Heating, Ventilation, and Air Conditioning (HVAC). .................................................... 43
5.10.  OSHA-Required Illness Recordkeeping. ...................................................................... 44
5.11.  Safety Audits, Inspections, And Training. .................................................................... 44
5.12.  Maintenance. ................................................................................................................. 45
SECTION 6:  MEETINGS .................................................................................................................. 46
SECTION 7:  TRAVEL ...................................................................................................................... 47
7.1.  General Travel Guidance. ............................................................................................... 47
7.2.  Risk Assessment Prior To Travel [Rescinded]. .............................................................. 48
7.3.  ROM Requirements [Rescinded and Replaced]. ............................................................ 50
7.4.  Testing Requirements [Rescinded]. ................................................................................ 51
7.5.  Specific Guidance By Type Of Travel [Rescinded and Replaced] ................................. 52
7.6.  Additional Guidance For Reserve And National Guard Personnel. ............................... 56
7.7.  Additional Guidance To Assist Commanders With Travel Decisions [Rescinded]. ...... 57
SECTION 8:  PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION RELATED TO COVID-19 58
8.1.  General. ........................................................................................................................... 58
8.2.  Additional Requirements for Information Collected from DoD Civilian Employees. ... 58
SECTION 9:  DEFINITIONS ............................................................................................................ 60

App. 039
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 41 of 104   PageID 7412

Current as of January 30, 2023
6
EXECUTIVE SUMMARY

The DoD is committed to providing safe working environments across the entire DoD
enterprise, which consists of an approximately 2.9 million-person global workforce deployed or
stationed in nearly 150 countries, including military Service members and their families, and
DoD civilian and contractor personnel that work in a highly complex and large number of
diverse and unique environments.  This force health protection (FHP) Guidance (“Guidance”)
was developed to protect the DoD workforce, which consists of Service members, DoD
civilian employees, contractor personnel, other occupants, and visitors (collectively referred to
as “personnel”) before, during, and after our orderly and final return to the physical workplace
(“final reentry”).  The Guidance is intended to meet the direction of the President’s EOs2 and
guidance from the Safer Federal Workforce Task Force (“Task Force”) and OMBthe Office of
Management and Budget,3, 4 and articulate steps the DoD has been and will be taking to halt
the spread of COVID-19.  To ensure consistent application throughout DoD, if the EOs and
guidance change, DoD Components will wait for DoD to update this consolidated guidance
before implementing any changes.

Consistent with Task Force and OMB guidance, this Guidance includes policies and
procedures that incorporate the best available data and science-based measures and activities that
focus on health and safety and on workplace operations.  DoD uses the latest guidance from the
Centers for Disease Control and Prevention (CDC), and requirements from the Occupational
Safety and Health Administration (OSHA) and other relevant Federal agencies as the starting
point for developing COVID-19 policy and guidance.

The Department began publishing FHP guidance and policy to address COVID-19 in
January 2020.  In February 2021, the Secretary of Defense directed the review of all guidance
and policy memoranda previously issued for COVID-19.5  The review was completed in April
2021, and subsequent updates align DoD COVID-19 policy and guidance with current Task
Force, OMB, CDC, and OSHA guidance as appropriate.

The DoD COVID-19 Task Force is responsible for recommending updated DoD COVID-
19 policy.  The Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff
co-chair the DoD COVID-19 Task Force which assembles as needed for meetings virtually and
in person and includes representatives from senior leadership across the Department, including
the Secretaries of the Military Departments (MILDEPs), Under Secretaries of Defense, and
Combatant Commanders.

2 EO 14042, “Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors,”
September 9, 2021; EO 14043, “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal
Employees,” September 9, 2021.
3 Documents from the Safer Federal Workforce Task Force are available at:
https://www.saferfederalworkforce.gov/overview/.
4 Office of Management and Budget Memorandum, Office of Personnel Management, and General Services
Administration, M-21-25, “Integrating Planning for A Safe Increased Return of Federal Employees and Contractors
to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment,” June 10, 2021
5 Secretary of Defense Memorandum, “Strategic Review and Reissuance of All Coronavirus Disease 2019 Policy
Documents,” February 2, 2021.
App. 040
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 42 of 104   PageID 7413

Current as of January 30, 2023
7
DoD has long recognized the threat posed by pandemics and disease outbreaks and has
previously issued guidance, planning, and policy documents to prepare for and respond to such
threats.  The DoD also recognizes that successfully managing the COVID-19 pandemic requires
the flexibility to adapt to changing conditions (e.g., variants, and disease prevalence or virulence)
and new information (e.g., evolving best health and safety practices).  DoD continues to
promote the importance of taking vaccines and boosters to protect our people against the
adverse impacts of COVID-19.  The Department also recognizes that wearing high-quality
masks, testing, and improved ventilation are other factors to reduce COVID-19 exposure
risks.

The DoD is committed to protecting its workforce and stakeholders from the effects of
the COVID-19 pandemic, while preserving our ability to complete its mission.  As data becomes
available, science-based evidence emerges, and the CDC, OSHA, and other cognizant agencies,
departments, and other elements of the Federal Government revise and develop new
recommendations to protect the workforce, the DoD will incorporate them into its current and
future policies and guidance as appropriate.

App. 041
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 43 of 104   PageID 7414

Current as of January 30, 2023
8
SECTION 1:  HEALTH PROTECTION CONDITION (HPCON)
FRAMEWORK
1.1.  HPCON FRAMEWORK.
Installations6 will manage COVID-19 health protection using HPCON levels.  HPCON 0
is the base level for the HPCON Framework and represents a return to normal operations.

Table 1, below, contains FHP activities installation commanders will undertake at each
HPCON level, in addition to those required elsewhere in this guidance.  Installation commanders
may deem it necessary to take additional precautions for select personnel and medically
vulnerable populations (e.g., those who are elderly, have underlying health conditions or
respiratory diseases, or are immunocompromised) and are both encouraged and authorized to do
so.  Installation commanders may further impose additional requirements appropriate for a
particular local setting, operational requirement, and/or based on transmission risk regardless of
HPCON level.
1.2.  AUTHORITY TO DETERMINE HPCON LEVELS.
The authority to determine HPCON levels (“HPCON implementation”), subject to the
requirements in section 1.1, is delegated to the Secretaries of the MILDEPs and Geographic
Combatant Commanders and may be further delegated in writing to a level no lower than
installation commanders in the grade of O-6 or higher.  The Director of Administration and
Management (DA&M) has HPCON implementation authority for the Pentagon Reservation,
subject to the requirements in section 1.1.  The Defense Logistics Agency (DLA) has HPCON
implementation authority for four locations.7

Geographic Combatant Commanders have authority to determine HPCON
implementation policy in accordance with operational requirements, and to match relevant Host
Nation (HN) and allied forces standards, as applicable.  Installation commanders outside the
United States have unique geographic constraints and operational considerations for FHP.  U.S.
personnel should respect relevant HN and allied forces standards, as applicable, and should
consult with relevant HN authorities, including public health and medical authorities, when
deciding to change HPCON levels.

6 For the purposes of this guidance, a military installation is a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the jurisdiction of the Secretary of a Military Department or the
Secretary of Defense, including any leased facility, which is located within any State, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, or Guam.  In the case of an activity in a foreign country, a military installation is any area under the
operational control of the Secretary of a Military Department or the Secretary of Defense, without regard to the
duration of operational control.
7 DLA Land & Maritime (Columbus, OH), DLA Distribution HQ (New Cumberland, PA), DLA Aviation
(Richmond, VA), and DLA Distribution (San Joaquin, CA).
App. 042
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 44 of 104   PageID 7415

Current as of January 30, 2023
9
1.3.  CRITERIA FOR CHANGING HPCON LEVELS.
HPCON level determinations for COVID-19 are based on the CDC COVID-19
Community Levels reported by the CDC,8 which include screening levels that make use of new
case-rates and health and health care systems-related information.  HPCON Levels A, B, and C
correspond directly to CDC COVID-19 Community Levels of low, medium, and high
community transmission, respectively.9,10

Installation commanders must change the HPCON level no later than 2 weeks after the
CDC COVID-19 Community Level has been elevated, unless the installation commander
documents, in writing, a compelling rationale to maintain the current HPCON level after
coordination with the installation Public Health Emergency Officer.

Installations outside the United States should utilize local community-level data, if
available, in setting HPCON levels.  Otherwise, installation commanders should consider
consulting country-level data for their HN and case-rate information available from the CDC at:
https://covid.cdc.gov/covid-data-tracker/#global-counts-rates and the World Health Organization
at https://covid19.who.int/.  Other sources of data on which installation commanders may rely
include academic institutions if such HN data is inaccessible.11

Elevation to HPCON D should be based on the determination that there is substantial loss
of medical capabilities in the local community.  The factors listed in Table 1, below, must be
considered when determining whether to move to or from HPCON D.

8 An overview of the CDC COVID-19 Community Levels is available at: https://www.cdc.gov/coronavirus/2019-
ncov/science/community-levels.html.
9 County Community Levels are available for U.S. States and territories is available at:
https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html.  Find community levels by “State or
Territory” and then by “County or Metro Area.”  Jurisdictions which are not counties, such as the District of
Columbia, also are listed under “County or Metro Area.”  The Pentagon is in Arlington County, Virginia.
10 The CDC COVID-19 Community Levels do not apply in healthcare settings, such as hospitals and
retirement homes.  Instead, healthcare settings should continue to use community transmission rates and
continue to follow CDC’s infection prevention and control recommendations for healthcare settings, as long
as they are more restrictive than FHP guidance.
11 Note: local areas within a country may experience very different COVID-19 case rates than country-specific data.
App. 043
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 45 of 104   PageID 7416

Current as of January 30, 2023
10
TABLE 1:  Force Health Protection Measures by HPCON Level for the COVID-19 Pandemic
HPCON D
Severe

High COVID-19 Community Level* Risk,
with degraded availability of medical
countermeasures, and substantial loss of
medical capability

High COVID-19 Community Level* in
the county in which the installation is
located.

AND any of the following

Civilian healthcare capability and
utilization (percent and trend)*:
>50 percent staffed of hospital beds filled
with individuals who have COVID-19 as
the primary admission criteria; or
>70 percent of staffed intensive care unit
(ICU) beds filled with individuals who have
COVID-19 as the primary admission
criteria; or
Overall staffed hospitals and ICUs have
limited to no capacity.
OR

Military Health System (MHS) health
care capability and utilization (percent
and trend):
Degradation of MHS capabilities requiring
Crisis Status operations; and >95 percent
staffed bed occupancy; or
>50 percent military medical treatment
facility (MTF) staff in isolation or
quarantine or unvaccinated; or
>60 percent staff absent who provide urgent
or emergent care; and
Local emergency departments on divert or
inability of civilian health care to absorb
excess MHS patients; or
Clinical or appointment capability reduced
>60 percent in key departments.
OR

Other factors:
Loss of vaccine effectiveness in available
vaccines resulting in vaccinated individuals
routinely experiencing severe disease,
hospitalization or death; or
Utilize measures from HPCON A, B and C
with the following modifications:
a. Less than 25 percent of normal
occupancy in the workplace, or the
minimum required on-site for essential
operations that must be conducted in
person.
a. Strongly consider declaring a local Public
Health Emergency.
b. Consider limiting visitor access to the
installation to only those required for
mission essential activities.
c. Cancel non-mission-essential activities.
d. Close non-essential services (e.g., fitness
centers, leisure and recreational facilities,
beauty/barber shops, non-essential retail,
dine-in eating establishments).
e. Consider potential delay or cancelation of
exercises.
f. Schools operated by Department of
Defense Education Activity (DoDEA)
will operate remotely.
g. Restrict or suspend social gatherings to
the greatest extent possible.
h. Follow any other applicable force health
protection guidance at:
https://www.defense.gov/Spotlights/Coro
navirus-DOD-Response/Latest-DOD-
Guidance/.12

12 For information about masking and screening testing at the various HPCON levels, refer to sections 2.1 and 5.3.
App. 044
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 46 of 104   PageID 7417

Current as of January 30, 2023
11

Elevated case levels resulting in significant
curtailment of essential services either on
installation or in civilian communities
immediately adjacent to the installation
(e.g., emergency response, security, facility
maintenance, and energy/communication).

*CDC COVID-19 Community Level (by
county) can be found at:
https://www.cdc.gov/coronavirus/2019-
ncov/your-health/covid-by-county.html

HPCON C
High

High COVID-19 Community Level* Risk

High COVID-19 Community Level* in
the county in which the installation is
located.

*CDC COVID-19 Community Level (by
county) Civilian county level data can be
found at:
https://www.cdc.gov/coronavirus/2019-
ncov/your-health/covid-by-county.htm.
Utilize measures from HPCON A and B with
the following modifications:
a. Less than 50 percent of normal
occupancy in the workplace.
b. Consider limiting visitor access to the
installation for non-essential mission-
related/operational activities.
c. Limit social gatherings to less than 50
percent facility/room occupancy.
a. MTFs may limit elective surgeries in
accordance with guidance from the
Defense Health Agency and the Assistant
Secretary of Defense for Health Affairs.
b. Consider re-scoping, modifying, or
potentially canceling exercises.
c. Indoor common areas and large venues
may be closed. Dining establishments
may be limited to takeout.
d. Gyms may be closed at this level or
operate at diminished occupancy.
e. Maximize telework to the greatest extent
practical.
f. Follow any other applicable force health
protection guidance at:
https://www.defense.gov/Spotlights/Coro
navirus-DOD-Response/Latest-DOD-
Guidance/.

HPCON B
Moderate

Medium COVID-19 Community level*
Risk

Medium COVID-19 Community Level*
in the county in which the installation is
located.

Utilize measures from HPCON A with the
following modifications:
a. Less than 80 percent of normal
occupancy in the workplace.
a. Reduce potential workplace SARS-CoV-
2 exposures through telework, remote
work, flexible scheduling, and other
methods, as appropriate. Permit liberal
telework where possible, especially for
App. 045
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 47 of 104   PageID 7418

Current as of January 30, 2023
12
*CDC COVID-19 Community Level (by
county) Civilian county level data can be
found at:
https://www.cdc.gov/coronavirus/2019-
ncov/your-health/covid-by-county.htm.
individuals who self-identify as
immunocompromised or being at high
risk for severe disease.
b. Consider limiting occupancy of common
areas where personnel are likely to
congregate and interact by marking
approved sitting areas or removing
furniture to maintain physical distancing.
c. Each installation and DoD facility will
post signage at building entrances and in
common areas of DoD owned and
controlled facilities and post information
on websites as appropriate encouraging
individuals, regardless of vaccination
status, to consider avoiding crowding,
and physically distancing themselves
from others in indoor common, areas,
meeting rooms, and high-risk settings.
d. Follow any other applicable Force Health
Protection Guidance at:
https://www.defense.gov/Spotlights/Coron
avirus-DOD-Response/Latest-DOD-
Guidance/.

HPCON A
Low

Low COVID-19 Community Level* Risk

Low COVID-19 Community Level* in the
county in which the installation is
located.

*CDC COVID-19 Community Level (by
county) Civilian county level data can be
found at:
https://www.cdc.gov/coronavirus/2019-
ncov/your-health/covid-by-county.htm.

a.  Less than 100 percent of normal
occupancy in the workplace, with
telework as appropriate.
a.  Communicate to personnel how and when
to report illness and seek care for
potential influenza-like illness.
b.  Common areas and large venues (e.g., sit-
down dining, movie theaters, gyms,
sporting venues, and commissaries)
should adhere to established cleaning and
sanitation protocols
c.  DoDEA schools will operate following
CDC recommendations and guidelines
specific to schools as implemented in
operational procedures and guidance from
the Director, DoDEA.13  Children are not
required to mask.  Any DoD guidance
that is more stringent than CDC guidance
must be followed.
d.  Follow any other applicable Force Health
Protection Guidance at:
https://www.defense.gov/Spotlights/Coro
navirus-DOD-Response/Latest-DOD-
Guidance/.

13 https://www.dodea.edu/covid-operations.cfm.
App. 046
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 48 of 104   PageID 7419

Current as of January 30, 2023
13

HPCON 0

Normal Baseline

a.  Resume routine standard operations.
b.  Maintain standard precautions such as
routine hand washing, cough on sleeve,
good diet, exercise, vaccinations,
education, routine health alerts, and
regular preparedness activities.

App. 047
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 49 of 104   PageID 7420

Current as of January 30, 2023
14
1.4.  TELEWORK WORKPLACE OCCUPANCY LEVELS WITHIN HPCON
FRAMEWORK.
Workplace occupancy limits for each HPCON level are included as measures in
Table 1.  The workplace occupancy levels in Table 1 are ceilings, not goals.  Reduced
workplace occupancy may be achieved through telework, remote work, flexible scheduling,
and other methods, as appropriate.

At HPCON A or higher, or when a DoD civilian employee is required to remain out
of the workplace under section 5.5, DoD Components are granted an exception to policy from
Enclosure 3, Paragraph 3.j.(2) of Department of Defense Instruction 1035.01, “Telework
Policy,” and may allow DoD civilian employees to telework with a child or other person
requiring care or supervision present at home.  DoD civilian employees must still account for
work and non-work hours during their tour of duty and take appropriate leave (paid or
unpaid) to account for time spent away from normal work-related duties to care for a child
or other person requiring care or supervision.

DoD Component heads have the authority to grant exemptions for workplace
occupancy limits that are required for national security and the success of critical missions.
DoD Component heads, other than the Secretaries of the MILDEPs, may delegate this
workplace occupancy limit authority in writing to a level no lower than a general/flag
officer or Senior Executive Service (SES) member (or equivalent).  Secretaries of the
MILDEPs may delegate workplace occupancy limit exemption authority in writing to a
level no lower than an O-6 installation commander.  The DA&M has workplace occupancy
limit exemption authority for all DoD Components located on the Pentagon Reservation
and other facilities within the National Capital Region managed by Washington
Headquarters Services.  This authority may be delegated at the discretion of the DA&M.
DLA has workplace occupancy limit exemption authority for four locations.14  When
considering a workplace occupancy limit exemption, those with exemption authority must
take into account the ability to maintain distance between personnel and other public
health and workplace safety measures contained in this Guidance.

A record of all workplace occupancy limit exemptions will be retained by the
exemption authority for the duration of the pandemic and until returning to HPCON 0 and
provided for awareness to the public health office concerned and to the installation
commander, if different from the exemption authority.  FHP measures and other
appropriate mitigation measures shall be used rigorously in all areas and especially in
areas for which an occupancy exemption has been grant.

14DLA Land & Maritime (Columbus, OH), DLA Distribution HQ (New Cumberland, PA), DLA Aviation
(Richmond, VA), and DLA Distribution (San Joaquin, CA).
App. 048
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 50 of 104   PageID 7421

Current as of January 30, 2023
15
SECTION 2:  VACCINATION VERIFICATION AND MEASURES BASED ON
VACCINATION STATUS
2.1.  VACCINATION – GENERAL AND TESTING REQUIREMENTS.
Leaders at all levels should encourage Service members, DoD civilian employees, DoD
contractor personnel, and others affiliated with DoD to be up to date on their COVID-19
vaccinations.

1. Service members:

Service members (members of the Armed Forces under DoD authority on active duty or
in the Selected Reserve, including members of the National Guard) are strongly encourgaged
required to be fully vaccinated against up to date with COVID-19 vaccination, including
booster doses subject to any identified contraindications, any administrative or other
exemptions established in DoD policy, and any applicable court orders.

To ensure an accurate medical record, Service members’ vaccination status will be
validated maintained utilizing their Military Service-specific Individual Medical Readiness
(IMR) system.  If a Service member has been vaccinated against COVID-19 outside the military
health system, that Service member must show official proof provide documentation of his or
her COVID-19 vaccination status to update the IMR system.

Once the applicable mandatory vaccination date has passed, COVID-19 screening
testing is required at least weekly for Service members who are not fully vaccinated,
including those who have an exemption request under review or who are exempted from
COVID-19 vaccination and are entering a DoD facility located in a county or equivalent
jurisdiction where the CDC COVID-19 Community Level is high or medium.  Service
members who are not on active duty and who also are DoD civilian employees or DoD
contractor personnel must follow the applicable requirements in section 2.3 for DoD
civilian employees or in section 2.4 for DoD contractor personnel.

2. DoD civilian employees:

At least weekly COVID-19 testing is required for those DoD civilian employees who
are not fully vaccinated when the CDC COVID-19 Community Level is high or medium in
the county or equivalent jurisdiction where the DoD facility is located.  DoD civilian
Currently, the requirement for all Federal civilian employees to be vaccinated is not in effect.  A U.S.
district court judge issued a nationwide preliminary injunction prohibiting implementation and
enforcement of civilian employee vaccination requirements based on EO 14043.  Requirements subject
to the injunction and not currently in effect are included in this guidance in a strikeout form for ease of
reinstitution by USD(P&R) should the injunction be lifted.
App. 049
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 51 of 104   PageID 7422

Current as of January 30, 2023
16
employees who are not fully vaccinated and who telework or work remotely on a full-time
basis are not subject to weekly testing, but must provide a negative result (from a test
performed within the prior 72 hours) for entry into a DoD facility located in the county
where the COVID-19 Community Level is high or medium.

To ensure the safety of the DoD workforce,15 DoD civilian employees are required to be
fully vaccinated, unless they have received a temporary or permanent exemption.  “DoD civilian
employee” includes foreign nationals employed by DoD outside the United States, to the
maximum extent possible while respecting host nation agreement and laws.  It also includes DoD
civilian employees who are engaged in full-time telework or remote work.

If they have not already done so, supervisors of DoD civilian employees must ask
DoD civilian employees whether they are fully vaccinated.  Employees who indicate they
are fully vaccinated must provide proof of that vaccination status to their supervisors.
Acceptable proof includes:

a. A copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r,
published on September 3, 2020);
b. A copy of medical records documenting the vaccination;
c. A copy of immunization records from a public health or State immunization
information system; or
d. A copy of any other official documentation containing the data points required
to be verified by the supervisor.

When necessary for implementing FHP measures related to workplace access in
section 5.5, supervisors of DoD civilian employees may ask DoD civilian employees whether
they are up to date with COVID-19 vaccinations.  If there is a supervisory concern about
the accuracy of the DoD civilian employee’s response, DoD civilian employees are required
to provide proof of up-to-date vaccination status.  Supervisors must not inquire about
disabilities when asking DoD civilian employees about up-to-date vaccination status.

DoD requires that individuals who started their Government service after November 22,
2021, be fully vaccinated prior to their start date, except in limited circumstances where an
accommodation is legally required.  However, should DoD have an urgent, mission-critical
hiring need to onboard new staff prior to those new staff becoming fully vaccinated, the DoD
head may delay the vaccination requirement—in the case of such limited delays, DoD will
require new hires to be fully vaccinated within 60 days of their start date and to follow safety
protocols for not fully vaccinated individuals until they are fully vaccinated.

DoD civilian employees are eligible to receive the COVID-19 vaccine at any DoD
vaccination site, including military medical treatment facilities.  They may also opt to receive the
COVID-19 vaccine at locations other than DoD vaccination sites, such as retail stores, private
medical practices, and/or local and State public health department sites.

15Executive Order 14043, “Requiring Coronavirus Disease 2019 Vaccination for Federal Employees,” September 9,
2021.
App. 050
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 52 of 104   PageID 7423

Current as of January 30, 2023
17
DoD civilian employees are authorized administrative leave to receive COVID-19
vaccination doses.  DoD civilian employees are authorized official duty time to receive COVID-
19 vaccination doses, including first, second, and booster shots.  For DoD civilian employees
who are unable to receive a COVID-19 vaccination within their duty hours, regular overtime
rules are applicable.  In most circumstances, DoD authorizes employees to take up to 4 hours to
travel to the vaccination site, complete any vaccination dose, and return to work—for example,
up to 8 hours of duty time for employees receiving two doses (If an employee needs to spend less
time getting the vaccine, only the needed amount of duty time should be granted).  Employees
taking longer than 4 hours must document the reasons for the additional time (e.g., they may
need to travel long distances to get the vaccine).  Reasonable transportation costs that are
incurred as a result of obtaining the vaccine from a site preapproved by DoD are handled the
same way as local travel or temporary duty cost reimbursement is handled based on DoD policy.

DoD civilian employees who experience an adverse reaction to a COVID-19 vaccination
should be granted no more than 2 workdays of administrative leave for recovery associated with
a single COVID-19 vaccination dose.

DoD will grant leave-eligible employees up to 4 hours of administrative leave per dose to
accompany a family member who is receiving any COVID-19 vaccination dose.  For example,
up to a total of 12 hours of leave for a family member receiving three doses—for each family
member the employee accompanies.  If an employee needs to spend less time accompanying a
family member who is receiving the COVID-19 vaccine, DoD will grant only the needed amount
of administrative leave.  Employees should obtain advance approval from their supervisor before
being permitted to use administrative leave for COVID-19 vaccination purposes.  Employees are
not credited with administrative leave or overtime work for time spent outside their tour of duty
helping a family member get vaccinated.

DoD civilian employees should use the time and attendance code for “physical fitness” to
record administrative leave for COVID-19 vaccination recovery time that prevents the employee
from working or for taking a family member to be vaccinated for COVID-19) The type hour
code is “LN” and the environmental/hazard/other code is “PF.”  Non-appropriated fund
employers should code administrative leave related to COVID-19 in a way that can be easily
reported.

3. DoD contractor personnel:

Vaccination requirements for DoD contractor personnel are outlined in several
references.16  In implementing EO 14042, the DoD will comply with all relevant court
orders.

16Safer Federal Workforce Task Force, “COVID-19 Workplace Safety: Guidance for Federal Contractors
and Subcontractors,” September 24, 2021; Principal Director for Defense Pricing and Contracting
Memorandum, “Class Deviation 2021-O0009-Ensuring Adequate COVID-l9 Safety Protocols for Federal
Contractors,” October 1, 2021; EO 14042, “Ensuring Adequate COVID Safety Protocols for Federal
Contractors,” September 9, 2021.
App. 051
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 53 of 104   PageID 7424

Current as of January 30, 2023
18
Onsite DoD contractor personnel will complete the DD Form 3150, “Contractor
Personnel and Visitor Certification of Vaccination”;17 maintain a current completed copy;
and show it to authorized DoD personnel upon request when they work at a DoD facility
where the CDC COVID-19 Community Level is high or medium.  Failure to complete the
DD Form 3150 may result in denying DoD contractor personnel access to the DoD facility
to which access is sought.  Onsite DoD contractor personnel who are not fully vaccinated
against COVID-19, because they are not performing under a covered contract that
requires COVID-19 vaccination, due to a legally required accommodation, or who decline
to provide information about their COVID-19 vaccination status, will be subject to
COVID-19 screening testing at least weekly when the CDC COVID-19 Community Level
for the facility in which they work is high or medium.  DoD contractor personnel who
refuse required COVID-19 screening testing will be denied access to DoD facilities.

For purposes of the requirements regarding providing information about
vaccination status and screening testing, “contractor personnel” are those individuals
issued a credential by DoD that affords the individual recurring access to DoD facilities,
classified herein as “credentialed recurring access” (CRA) (e.g., Common Access
Cardholders) who are performing under a contractor or subcontract between their
employer and the DoD.  “Contractor personnel” do not include employees of DoD
contractors or subcontractors receiving ad hoc access to DoD facilities (e.g., delivery
personnel, taxi services) or employees of DoD contractors or subcontractors who have
access to the grounds of, but not the buildings on, DoD installations (e.g., contract
groundskeepers, fuel delivery personnel, household goods transportation personnel).

DoD Components should not take any steps to require contractors and
subcontractors to implement the vaccination requirement for contractor personnel in
Executive Order 14042, nor should they include in new solicitations or enforce in existing
contracts (or task orders or delivery orders) any clauses implementing EO 14042.

4. Official visitors:

“Official visitors” are non-DoD individuals seeking access, one time or recurring, in
association with the performance of official DoD business (such as to attend a meeting), but who
do not have “credentialed recurring access” (CRA) (e.g., Common Access Cardholders).
“Official visitors” do not include personnel receiving ad hoc access to DoD facilities (e.g.,
delivery personnel, taxi services); individuals who have access to the grounds of, but not the
buildings on, DoD installations (e.g., contract groundskeepers, fuel delivery personnel,
household goods transportation personnel); personnel accessing DoD buildings unrelated to the
performance of DoD business (e.g., residential housing); or  personnel accessing DoD facilities
to receive a public benefit (e.g., commissary; exchange; public museum; air show; military
medical treatment facility; Morale, Welfare, and Recreation resources).

Official visitors will complete DD Form 3150; maintain a current completed DD
Form 3150; and show it to authorized DoD personnel, upon request when they are visiting
a DoD facility where the CDC COVID-19 Community Level is high or medium.  Failure to

17 https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd3150.pdf.
App. 052
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 54 of 104   PageID 7425

Current as of January 30, 2023
19
complete the DD Form 3150 may result in denial of an official visitor’s access to the DoD
facility to which access is sought.  Service members not on active duty or active duty for
training are also subject to the requirements in this paragraph.

When visiting a DoD facility where the CDC COVID-19 Community Level is high
or medium, official visitors who are not fully vaccinated against COVID-19, or who decline
to provide information about their vaccination status, must show an electronic or paper
copy of negative results from an FDA-authorized or approved COVID-19 test administered
no earlier than 72 hours prior to their visit.  If unable to show a negative COVID-19 test
result, the official visitor may be provided onsite self-testing, if available, or will be denied
access to the DoD facility (or facilities) to which access is sought.  Service members who are
not on active duty or on active duty for training at the time of their official visit are subject
to the requirements in this paragraph.

Official visitors will follow applicable DoD policies and procedures, as well as the
policies and procedures of the Department or Agency they are visiting, if different from the
DoD’s.  See section 6, below, on Meetings, for how requirements apply to attendees of in-person
in meetings, events, and conferences hosted by the DoD.

All official visitors must comply with all applicable FHP guidance.

2.2.  ENFORCEMENT OF DOD CIVILIAN EMPLOYEE COVID-19 VACCINATION
REQUIREMENT.
a. DoD civilian employees who refuse to be vaccinated, or to provide proof of
vaccination, are subject to disciplinary measures, up to and including removal from Federal
service, unless the DoD civilian employee has received an exemption or the DoD civilian
employee’s timely request for an exemption is pending a decision.

b. Progressive enforcement actions include, but are not limited, to:

(1)  A 5 calendar-day period of counseling and education;
(2)  A short suspension without pay, generally 14 calendar days or less, with an
appropriate notice period.  SES members may only be suspended for more than 14 calendar days;
(3)  Removal from Federal service for failing to follow a direct order.

c. During the notice periods preceding adverse employment actions, DoD civilian
employees generally should not be placed on administrative leave.  DoD Components should
Currently, the requirement for all Federal civilian employees to be vaccinated is not in effect.  A U.S.
district court judge issued a nationwide preliminary injunction prohibiting implementation and
enforcement of civilian employee vaccination requirements based on EO 14043.  Requirements subject
to the injunction and not currently in effect are included in this guidance in a strikeout form for ease of
reinstitution by USD(P&R) should the injunction be lifted.
App. 053
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 55 of 104   PageID 7426

Current as of January 30, 2023
20
require DoD civilian employees to continue to telework or report to the worksite and follow all
mitigation measures applicable to not fully vaccinated DoD civilian employees when reporting to
the worksite.

d. DoD Components will designate officials, at the appropriate organizational level, to
handle the disciplinary process to promote consistent application of disciplinary measures.  Such
officials will decide each case with due regard to the facts and circumstances of that case.

e. Supervisors should contact their servicing human resources and legal offices to
discuss options available to address individual situations regarding enforcement of this
requirement.

f. DoD Components are encouraged to identify an occupational health office, medical
office, or other resource with which a DoD civilian employee may consult during the period of
counseling and education.
2.3.  EXEMPTIONS FROM DOD CIVILIAN EMPLOYEE COVID-19 VACCINATION
REQUIREMENT.
a. DoD civilian employees may request an exemption on the basis of a medical
condition or circumstance or a sincerely held religious belief, practice or observance.  Because
all DoD civilian employees must now be vaccinated against COVID-19 as a condition of
employment, exemptions will be granted in limited circumstances and only where legally
required.  The information collected must be handled in accordance with the privacy
requirements in section 8.

b. Personnel.

(i)  Decision Authority.  Management official(s) will be designated to serve as
Decision Authorities to make decisions concerning requests for exemption from the COVID-19
vaccination requirement, in consultation with the organization's servicing legal office.  Decision
Authorities will be at an appropriate level within the organization to consider the impact, if any,
that granting a request will have on the DoD Component operations and to promote similar cases
being handled in a consistent manner, with due regard for the facts and circumstances of each
case.  Each employee’s request must be considered on its own merits.

(ii)  Subject Matter Experts. DoD Components may identify subject matter experts in
areas such as human resources (HR), equal employment opportunity (EEO), medicine, and
religious matters to serve as advisors to assist Decision Authorities.  Such advisors may provide
individual advice, as needed by the Decision Authority, but may not be used to develop a group
or consensus recommendation or decision.

(iii)  Administrative Support.  DoD Components will provide appropriate personnel
and other resources to administratively support the Decision Authorities, including support
necessary to assist the Decision Authorities with preparing written products.

App. 054
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 56 of 104   PageID 7427

Current as of January 30, 2023
21
c. Employee Notice.  DoD Components will inform DoD civilian employees how to
make a request for an exemption.  Requests needed to have been submitted no later than
November 8, 2021, absent extenuating circumstances, to be considered timely.

d. Employee Requests. To make a request for exemption from the COVID-19
vaccination requirement, DoD civilian employees must submit a request to their direct
supervisor.  For purposes of submitting this exemption request, “direct supervisor” includes an
authorized human resources official. The employee must provide an official statement which
describes the medical or religious reason the employee objects to vaccination against COVID-19.
Generally, such requests must be in writing.  DoD civilian employees may use DD Form 3176 or
DD Form 3177 to submit their requests.  DoD civilian employees who make oral requests may
be provided a sample written request format and/or be interviewed to develop the basis for the
request.  While the use of the DD Form 3176 and DD Form 3177 is optional for DoD civilian
employees, when DoD civilian employees make a request, they must provide the following
information:

(1)  Medical Exemption Requests.

• A description of the medical condition or circumstance that is the basis for the
request for a medical exemption from the COVID-19 vaccination requirement;
• An explanation of why the medical condition or circumstance prevents the
employee from being safely vaccinated against COVID-19;
• If it is a temporary medical condition or circumstance, a statement concerning
when it will no longer be a medical necessity to delay vaccination against
COVID-19; and
• Any additional information, including medical documentation that addresses the
employee’s particular medical condition or circumstance, which may be helpful in
resolving the employee’s request for a medical exemption from the COVID-19
vaccination requirement.

(2)  Religious.

• A description of the religious belief, practice, or observance that is the basis for
the request for a religious exemption from the COVID-19 vaccination
requirement;
• A description of when and how the DoD civilian employee came to hold the
religious belief or observe the religious practice;
• A description of how the DoD civilian employee has demonstrated the religious
belief or observed the religious practice in the past;
• An explanation of how the COVID-19 vaccine conflicts with the religious belief,
practice, or observance;
• A statement concerning whether the DoD civilian employee has previously raised
an objection to a vaccination, medical treatment, or medicine based on a religious
belief or practice.  If so, a description of the circumstances, timing, and resolution
of the matter; and
App. 055
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 57 of 104   PageID 7428

Current as of January 30, 2023
22
• Any additional information that may be helpful in resolving the DoD civilian
employee’s request for a religious exemption from the COVID-19 vaccination
requirement.

e. Supervisor Responsibilities.

(i)  Following receipt of an employee’s request for exemption, supervisors must
update Section B of the employee’s DD Form 3175 to indicate that a request for exemption
determination is pending.

(ii)  As necessary, supervisors will engage with the employee to ensure completeness
of the employee’s exemption request.

(iii)  In coordination with human resources officials, supervisors will prepare an
exemption request package that contains factual information about the circumstances of the
employee’s request.  A complete exemption request package will include the basis for the
employee’s request and any supporting documentation submitted by the employee, a description
of the nature of the employee’s job responsibilities and work environment, and any
circumstances relevant to a management-level assessment of the reasonably foreseeable effects
on the agency’s operations, including protecting the agency’s workforce and members of the
public with whom the employee interacts in the workplace from COVID-19, if the employee
remains unvaccinated.

(iv)  Supervisors will forward the exemption request package to the Decision
Authority Support Office.

f. Decision Authority Support Office.

(i)  DoD Components will establish Decision Authority Support Offices to support
exemption request Decision Authorities.

(ii)  The Decision Authority Support Office will intake exemption request packages
and, under the supervision of the Decision Authority, provide administrative support to the
Decision Authority.

(iii)  At the request of the Decision Authority, the Decision Authority Support Office
may coordinate with subject matter experts to obtain written documentation which includes
relevant factual information and, as necessary, a professional opinion related to the factual
information, for inclusion in the exemption request package.

(iv)  The Decision Authority Support Office may not provide a consensus opinion or
recommendation to the Decision Authority.

g. Decision Authority Determination.

App. 056
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 58 of 104   PageID 7429

Current as of January 30, 2023
23
(i)  The Decision Authority first analyzes the exemption request package. As
necessary, the Decision Authority may request additional information and consult with subject
matter experts.

(ii)  After conducting a review of the exemption request, the Decision Authority
makes a determination, prepares a written statement that includes the reasons for the
determination (which may involve drafting assistance based on the Decision Authority’s
instructions regarding its contents), and obtains a legal review of the determination.

(iii)  In cases where the exemption is temporary or denied, the Decision Authority’s
determination must specify a date by which the DoD civilian employee must be fully vaccinated
against COVID-19.  In specifying that date, DoD civilian employees must be given a minimum
period of 14 days to receive their first (or only) dose of a COVID-19 vaccine.

h. Employee Notification of Determination.  The Decision Authority Support Office
will transmit the Decision Authority’s written determination to the DoD civilian employee’s
supervisor, who, in turn, provides the DoD civilian employee with a copy of the written
determination, updates the DD Form 3175, and informs the DoD civilian employee of next steps.

i. A chart illustrating the exemption request process is below.

Position
Role/Responsibility
Output
Submit to
Requesting employee

Provide vaccination
status via DD Form
3175 to indicate
exemption pending.
Completed DD Form
3175.

Supervisor

Requesting employee

Request exemption.
Completed DD Form
3176 (medical) or
DD Form 3177
(religious), as
appropriate, or other
request that contains
the information
required by FHP 23,
Revision 3.
Supervisor

Supervisor, in
consultation with HR
officials

Provide relevant
information
concerning
employee’s
occupation and work
environment,
including:
availability of
measures to
physically distance
requestor from co-
Exemption request
package that includes
employee’s request
and supervisory
information
concerning
employee’s
occupation, work
environment, and
other circumstances
of the request.
Decision Authority
Support Office
App. 057
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 59 of 104   PageID 7430

Current as of January 30, 2023
24
workers and members
of the public, the
volume of exemption
requests in the
organization, and any
other relevant
information
concerning the
circumstances of the
employee’s request.

Decision Authority
Support Office

Receive and track
processing of
exemption request
package.  Supplement
package with
individual advice
from subject matter
experts and relevant
factual information,
as directed by the
Decision Authority.

Exemption request
package that includes
employee’s request;
supervisor
information
concerning
employee’s
occupation, work
environment, and
other circumstances
of the request; and
any supporting
documentation
relevant to the
Decision Authority’s
analysis.
Decision Authority

Decision Authority

Review submitted
documentation,
request any
reasonably necessary
additional
information, and
prepare written
decision in
consultation with
legal advisors and
with the advice of
subject matter
experts, as
appropriate.
Written decision that
addresses employee’s
individual
circumstances and
has been reviewed by
appropriate legal
advisors.

Supervisor

Supervisor

Receive decision,
discuss with
employee. If
exemption approved,
implement mitigation
measures and, if
If approved,
employee continues
to comply with
generally-applicable
mitigation measures
(for instance, as
Employee

App. 058
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 60 of 104   PageID 7431

Current as of January 30, 2023
25
necessary, address
any follow-on
requests for
accommodation in
accordance with
Component EEO
procedures.  If
disapproved, provide
opportunity for
counseling by
medical professional
or other appropriate
expert/ initiate
requirement for
vaccination.  Work
with the legal
advisor(s) and, as
appropriate, HR
LMER and EEO
offices.
applicable, screening
testing, masking, and
physical distancing)
and any other
mitigation measures
directed by the
Decision Authority or
management
officials.  If
disapproved,
vaccination tracking
and/or progressive
discipline.

j. Exemption Criteria.

(i)  Religious Exemption Requests.  Requests for religious exemption will be analyzed
pursuant to the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. § 2000bb et seq.
RFRA prohibits the Government from substantially burdening a person’s exercise of religion, unless
it demonstrates that application of the burden to the person is in furtherance of a compelling
governmental interest and is the least restrictive means of furthering that compelling governmental
interest.  In the first instance, Decision Authorities are to determine whether the requestor has met his
or her burden to establish that the vaccination requirement imposes a substantial burden on exercise
of a sincerely held religious belief.  If so, Decision Authorities analyze the request to determine
whether the burden on religious exercise is the least restrictive means of furthering the Government’s
compelling interest in health and safety of the DoD workforce, and the health and safety of members
of the public with whom they interact. If vaccination is not the least restrictive means, the exemption
will be granted and supervisors will implement the less restrictive means.

(ii)  Medical Exemption Requests. Pursuant to the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 791 et seq. Decision Authorities will analyze requests for medical exemption
to determine whether the medical condition or circumstance prevents the employee from safely being
vaccinated.  If so, the employee will be exempt from vaccination (temporarily or permanently, as
appropriate).  Supervisors will direct compliance with applicable FHP guidance and direct any
mitigation measures that are necessary to prevent the spread of the virus that causes COVID-19 in
the workplace and to the members of the public with whom the employee interacts.  If such measures
result in the employee being unable to perform the essential functions of the position, such matters
will be referred to the equal employment opportunity reasonable accommodation process.

k. Additional Guidance.
App. 059
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 61 of 104   PageID 7432

Current as of January 30, 2023
26
(i)  Information collected concerning medical and religious exemption requests must
be maintained in accordance with the privacy requirements in section 8.  Requests for medical
exemption will be treated as medical records to be maintained separately from other personnel
files.

(ii)  Discipline for failure to meet the COVID-19 vaccination requirement will not be
initiated against a DoD civilian employee while a request for a medical or religious exemption
from the COVID-19 vaccination requirement is pending determination.  If a DoD civilian
employee submits a request after discipline is initiated, disciplinary measures may be held in
abeyance where appropriate.

(iii)  DoD civilian employees who are not fully vaccinated but who have a pending
request for exemption from vaccination are required to comply with any mitigation measures that
are applicable to all DoD civilian employees in the worksite who are not fully vaccinated.
Requests for reasonable accommodation related to those mitigation measures will be combined
with any pending medical or religious exemption to vaccination request, for purposes of making
a final determination concerning those measures.  Without making a finding concerning whether
a sufficient basis for a reasonable accommodation concerning those measures exists, the
supervisor may use the normal interactive process to pursue a temporary accommodation that
protects the health and safety of the workplace while a decision concerning those measures is
pending. Otherwise, requests for reasonable accommodation related to force health protection
and mitigation measures may be analyzed separately from requests for exemption from
vaccination.

(iv)  A DoD civilian employee who receives an exemption from the vaccination
requirement may, because of the exemption, be unable to perform the duties and responsibilities
of the position without a change in working conditions. Supervisors will immediately implement
any mitigation measures required by the Decision Authority and applicable FHP guidance.
Supervisors may engage in the normal interactive process concerning any other measures
necessary to protect the health and safety of the workplace.

(v)  Requests for exemption from candidates for employment will be handled
consistent with the procedures in this section.

(vi)  Unless responsibility is otherwise established in a written support agreement, the
Combatant Command Support Agent identified in DoD Directive 5100.03, “Support of the
Headquarters of Combatant and Subordinate Unified Command,” is responsible for
administration of exemption processes applicable to DoD employees assigned, detailed, or
otherwise deployed to a Combatant Command area of responsibility.

App. 060
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 62 of 104   PageID 7433

Current as of January 30, 2023
27
SECTION 3:  CONDUCTING TESTING FOR SUSPECTED COVID-19
CASES AND GENERAL ELIGIBILITY FOR DOD-CONDUCTED TESTING
This section provides guidance on COVID-19 testing for eligible persons suspected of
having contracted COVID-19.
3.1.  TESTING CONSIDERATIONS.
Health care providers will use their clinical judgment and awareness of laboratory testing
resource availability, and will work closely with local and installation public health authorities or
Public Health Emergency officers, to guide COVID-19 diagnostic testing.  Providers are
encouraged to test for other causes of respiratory illness as clinically indicated.  The CDC testing
priorities may be found at:  https://www.cdc.gov/coronavirus/2019-ncov/hcp/testing.html.

Asymptomatic individuals may be tested based on a clinician’s judgment and as deemed
appropriate by public health professionals and in accordance with current guidance.

DoD Components must ensure appropriate infection prevention and control procedures
are followed throughout the entire testing process.  This includes employing the appropriate
biosafety precautions when collecting and handling specimens, consistent with CDC guidance.
3.2.  DOD LABORATORIES AND TESTS.
The DoD is committed to maximizing testing capability for operational needs and to
increasing standardization and synchronization of testing across the Department.  However,
differences among operational environments, deployment cycles, and congregate setting
limitations drive differences in testing demands to mitigate operational risk.  This testing
includes molecular tests and, for certain limited circumstances, alternative options such as serial
rapid antigen testing.

DoD Components will ensure that diagnostic testing and screening testing performed by
laboratories within the Military Health System are conducted at laboratories designated by the
Defense Health Agency’s (DHA) Center for Laboratory Medicine Services (CLMS).  CLMS
manages diagnostic and screening testing policy, certification, and exceptions in accordance with
current guidance.  CLMS may be contacted at:  dha.ncr.clinic-support.mbx.clms@mail.mil.

DoD Components must comply with Food and Drug Administration (FDA) regulations
for diagnostic testing and screening testing, including by complying with COVID-19 emergency
use authorizations (EUAs) or biologics license applications (BLAs), and other current guidance.
The FDA COVID-19 EUA list is available at:  https://www.fda.gov/medical-
devices/coronavirus-disease-2019-covid-19-emergency-use-authorizations-medical-
devices/vitro-diagnostics-euas.

App. 061
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 63 of 104   PageID 7434

Current as of January 30, 2023
28
DoD Components may consider non-clinical, Research Use Only molecular tests18 for
surveillance testing using a pooled specimen testing protocol, consistent with applicable law and
regulations.  Results from any positive pools will only be reported in aggregate and must not be
placed into any individual’s medical record.  Any positive pool must be followed by testing
every individual sample in that pool with an FDA EUA-authorized molecular test, or an FDA-
EUA or BLA authorized test (when available), and performed in a clinical laboratory registered
by CLMS, or an equivalent civilian laboratory.

FDA EUA-authorized diagnostic and screening tests that are authorized for pooled
testing for screening testing purposes may be performed at Clinical Laboratory Improvement
Program-registered laboratories, in accordance with the terms of the applicable EUA.

DoD Components must coordinate planned updates to pooled testing protocols with the
Assistant Secretary of Defense for Health Affairs (ASD(HA)).  The Secretaries of MILDEPs will
retain authority to prioritize pooled testing populations and assignments to MILDEP pooled
testing laboratories and resources.

DoD Components are encouraged to employ next-generation sequencing (NGS)
technology for COVID-19 surveillance testing.  As with testing completed via pooled testing,
testing requirements using NGS must be coordinated with the ASD(HA).

DoD Components must record COVID-19 diagnostic and screening testing results in the
electronic health record or occupational health record of the individual tested in accordance with
Department of Defense Instruction (DoDI) 6040.45, “DoD Health Record Life Cycle
Management,” and applicable processes for DoD contractor personnel.  DHA will assist DoD
Components, as needed, to ensure this occurs.
3.3.  ELIGIBILITY OF DOD PERSONNEL, OTHER BENEFICIARIES, AND OTHER
POPULATIONS FOR TESTING.
DoD Components may test Service members (including members of the Reserve
Components when on active duty for a period of more than 30 days, or on full-time National
Guard duty of more than 30 days) suspected of having contracted COVID-19, for purposes of
disease surveillance, and for official travel in accordance with this guidance.  Reserve
Component Service members on active duty for a period of 30 days or less will follow their
Component’s guidelines.

DoD civilian employees (who are not otherwise DoD health care beneficiaries) suspected
of having contracted COVID-19 may be offered screening testing if their supervisor has
determined that their presence in the DoD workplace or official travel is required.  DoD civilian
employees may also be offered screening testing in connection with workplace disease
surveillance.

18 Research Use Only assays are products in the laboratory research phase of development and are not approved for
clinical diagnostic use (https://www.fda.gov/media/87374/download).
App. 062
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 64 of 104   PageID 7435

Current as of January 30, 2023
29
DoD contractor personnel suspected of having contracted COVID-19, or for whom
testing is required for workplace surveillance or official travel, may be offered screening testing,
subject to available funding, if such testing is necessary to support mission requirements and is
consistent with applicable contracts.  For example, if testing is explicitly called for under the
contract; or if testing is required to access a DoD facility and the contractor personnel must
access the DoD facility to perform under the contract.  DoD contracting officers may also
modify existing contracts to require contractors to test their personnel, or to permit DoD to
test their personnel, as necessary to support mission requirements and subject to available
funding.

For testing of foreign national employees in locations outside the United States who are
suspected of having contracted COVID-19, DoD Components should refer to country-specific
labor agreements or contracts and consult with supporting legal counsel for guidance and any
limitations concerning such tests.

App. 063
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 65 of 104   PageID 7436

Current as of January 30, 2023
30
SECTION 4:  SURVEILLANCE AND SCREENING TESTING
4.1.  CONDUCTING REQUIRED SCREENING TESTING. [RESCINDED]
To establish COVID-19 screening testing for individuals for whom weekly screening
testing is required, DoD Components will:
a. Execute the screening testing requirement with FDA approved or authorized
COVID-19 self-collection kits or self-tests at least weekly (depending on the type
of test kit used).  Testing should be performed primarily onsite at the installation
or facility with proper supervision and documentation of testing results.  If
onsite COVID-19 screening testing is not feasible, as an alternative self-testing
may be performed at home or in other locations.  (Note: these COVID-19 self-
tests do not require a health care provider’s clinical care order and are,
therefore, considered an over-the-counter test and do not require medical
support to complete).
1. COVID-19 self-tests must have Instructions for Use and FDA approval,
510(k) premarket clearance or have an FDA EUA.  These tests will be made
available through the DLA.
2. Funding for COVID-19 screening testing, if self-collection kits or self-tests
are not available:
i. Each DoD Component will reimburse Service members and DoD
civilian employees for COVID-19 screening tests that require payment
for purposes of meeting the screening testing requirement (e.g., if the
screening test is not available through the DoD Component and must
be administered by a facility who charges for the test).
ii. For COVID-19 screening testing of DoD contractor personnel with
CRA, DoD Components will offer, if available, COVID-19 screening
testing similar to that offered to DoD civilian employees at the DoD
Component’s expense and at no cost to the contractor personnel or
the contractor.
b. Establish guidance for where and how these tests will be distributed and
conducted, and how results are to be reported.
1. DoD civilian employees are responsible for providing documentation of
negative COVID-19 test results, upon receipt, to the appropriate supervisor.
For purposes of screening testing requirements, “supervisor” includes
authorized human resources officials.  DoD civilian employees may not be
required to use their own personal equipment for the purpose of
documenting test results; offsite tests may not be used if there is not a means
to document results using Government equipment.  The supervisor is
App. 064
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 66 of 104   PageID 7437

Current as of January 30, 2023
31
responsible for maintaining any COVID-19 test results provided by DoD
civilian employees in accordance with the privacy protection measures in
section 8.
2. DoD contractor personnel with CRA will maintain their most recent COVID-
19 test result and show the result to authorized DoD personnel upon request.
c. After COVID-19 screening testing procedures are established, personnel subject
to screening testing are required to have a negative COVID-19 screening test
result for entry into a DoD facility.  DoD Components may bar DoD civilian
employees who refuse required screening testing from their worksites on the
installation or facility to protect the safety of others.  If the COVID-19 screening
test is administered offsite, the negative result must be from a test performed
within the prior 72 hours.  If a COVID-19 screening test is administered onsite,
the test will be administered before DoD civilian employees and contractor
personnel go to their work areas.  Personnel who have tested positive and do not
have symptoms are exempted from regular screening testing for 90 days
following the documented date of their initial positive test of COVID-19.
Documented proof of this positive test date shall be provided upon request.
d. DoD civilian employees and DoD contractor personnel with CRA with positive
COVID-19 screening tests will be offered, but not required to take, FDA
approved or authorized confirmatory laboratory-based molecular (i.e.,
polymerase chain reaction) testing paid for by the relevant DoD Component.
Contact tracing and mitigation measures will be conducted in accordance with
sections 4.4 and 5.5.  If the confirmatory test is negative, the individual is not
considered to be COVID-19 positive and is allowed to return to the workplace.

e. For DoD civilian employees, COVID-19 screening testing is expected to take no
more than 1 hour of regular duty time, per test, to complete required testing as
directed by the DoD Component.  Laboratory-based confirmatory COVID-19
testing for initial positive screening test results is expected to take no more than
2 hours of duty time.  This includes time for travel to the testing site, time to
complete testing, and time to return to work.  Commanders and supervisors will
monitor duty time usage and keep duty time used for testing within these
parameters to the extent possible.

f. A religious or medical exemption from COVID-19 vaccination is not an
exemption from required COVID-19 screening testing.  If a DoD civilian
employee requires a religious or medical exemption from participation in
COVID-19 screening tests, DoD Components should follow existing processes to
determine if an appropriate flexibility or accommodation may be provided.

App. 065
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 67 of 104   PageID 7438

Current as of January 30, 2023
32
4.2.  HEALTH SURVEILLANCE ACTIVITIES.
To assess the threat and inform our understanding of COVID-19 transmission, DoD
Components will continue to employ existing syndromic, respiratory, and COVID-19
surveillance programs and efforts.  Appropriate DoD Components will continue, and expand as
feasible, the following core surveillance activities:

• Syndromic surveillance through the Electronic Surveillance System for Early
Notification of Community-based Epidemics to monitor for COVID-19-like illness.

• Respiratory surveillance testing of samples occurring at sites participating in the DoD
Global Respiratory Pathogen Surveillance program for influenza-like-illness,
including COVID-19.

• Surveillance for acute or febrile respiratory diseases or illnesses at initial entry
training sites, with data collection and reporting in accordance with DoD Component
testing plans.

• Clinical diagnoses of COVID-19 cases identified in military medical treatment
facilities and reported through case-based surveillance in the Disease Reporting
System-internet.

• Contact tracing of confirmed COVID-19 positive cases to infected persons, as
described in section 4.4 in accordance with all applicable Federal, State, local,
and DoD requirements.

• Continued reporting of Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-
CoV-2)/COVID-19 test results in accordance with all applicable Federal, State, local,
and DoD requirements, and as appropriate, to respect HN guidelines.

• Expansion of whole genome sequencing efforts for respiratory surveillance testing
with a focus on variants of concern19 and interest to the DoD, and cases of re-
infection and infection in vaccinated individuals (i.e., “vaccine breakthroughs”).
Sequencing efforts are led by the Global Emerging Infections Surveillance Program
(dha.ncr.health-surv.mbx.promis@mail.mil).

• Leverage alternative technologies, such as wastewater surveillance, to supplement
existing COVID-19 surveillance systems as a capability that provides an efficient
pooled community sample to understand more fully the extent of COVID-19
infections in communities.

19 The President’s “National Strategy for the COVID-19 Response and Pandemic Preparedness,” January 21, 2021.
App. 066
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 68 of 104   PageID 7439

Current as of January 30, 2023
33
4.3.  METHODS FOR OPERATIONAL RISK REDUCTION.
• DoD Components may perform COVID-19 testing of asymptomatic DoD personnel
prior to deployment or redeployment and may perform COVID-19 tests prior to start
of Service member training, as determined appropriate by the medical staff and
approved by the commander or supervisor, in accordance with DoD Component
plans.

• DoD Components will ensure DoD personnel who are tested using a screening testing
protocol are notified of their test results.

• Symptomatic DoD personnel will be managed in accordance with current guidance.

• DoD Components may, in consultation with public health advisors, conduct
surveillance and screening testing of Service members to reduce risk in select high-
risk congregate settings, on ships, at training sites, during events, or in remote
locations where early identification, isolation, and quarantine are important.
Screening testing protocols may involve testing of all Service members prior to
participation in an event (such as an exercise or training evolution) with or without
testing during the event.  Finally, screening testing may be performed using a
surveillance protocol in which a specified percentage of randomly selected Service
members are tested during regular intervals over a period of heightened vulnerability
such as when case rates are very high or medical resources are in high demand.

1. Execute the screening testing requirement with FDA approved or authorized
COVID-19 self-collection kits or self-tests.  Testing should be performed
primarily onsite at the installation or facility with proper supervision and
documentation of testing results.  If onsite COVID-19 screening testing is not
feasible, as an alternative self-testing may be performed at home or in other
locations.  (Note: these COVID-19 self-tests do not require a health care
provider’s clinical care order and are, therefore, considered an over-the-
counter test and do not require medical support to complete).

2. Establish guidance for where and how these tests will be distributed and
conducted, and how results are to be reported.

3. After COVID-19 screening testing procedures are established, Service
members subject to screening testing are required to have a negative
COVID-19 screening test result for entry into a DoD facility. If the COVID-
19 screening test is administered onsite, the test will be administered before
all Service members go to their work areas. Service members who have
tested positive and do not have symptoms are exempted from regular
screening testing for 30 days following the documented date of their initial
positive test of COVID-19.  Documented proof of this positive test date shall
be provided upon request.

App. 067
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 69 of 104   PageID 7440

Current as of January 30, 2023
34
• Voluntary testing of eligible family members, DoD civilian employees, and DoD
contractor personnel (if appropriate and permitted in accordance with applicable
contracts) who, if infected with COVID-19, could impact the DoD workforce and
missions, may be conducted in support of the DoD’s effort to interrupt transmission
of the virus among our populations.  Testing will be conducted based on availability
and managed at the DoD Component level.  DoD civilian employees and DoD
contractor personnel with CRA with positive COVID-19 screening tests will be
offered, but not required to take, FDA approved or authorized confirmatory
laboratory-based molecular (i.e., polymerase chain reaction) testing paid for by
the relevant DoD Component.  Contact tracing and mitigation measures will be
conducted in accordance with sections 4.4 and 5.5.
4.4.  COVID-19 CONTACT TRACING AND TESTING.
DoD Components will conduct contact tracing on all COVID-19 cases identified
through testing activities and prioritize investigation of COVID-19 cases, clusters, and
outbreaks involving high-risk congregate settings, unusual clusters of cases, and considered
for novel or emerging variants that pose a significant risk for severe disease,
hospitalization, or death.  Follow-on quarantine or isolation measures and testing will be
implemented as indicated.DoD Components will conduct contact tracing on all COVID-19
cases identified through testing activity in health care settings and certain high-risk
congregate settings, unusual clusters of cases, and cases involving novel or emerging
variants that pose a significant risk for severe disease, hospitalization, or death.  In
identifying certain settings in which to conduct contact tracing, DoD Component public
health emergency officers should consider data reported to local and State public health
entities and surveillance programs administered by the DoD and other Federal agencies.

App. 068
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 70 of 104   PageID 7441

Current as of January 30, 2023
35
SECTION 5:  PROTECTING PERSONNEL
5.1.  GENERAL MEASURES FOR PERSONNEL.
a. Personnel should frequently wash hands with soap and water for at least 20 seconds.
When soap and running water are not available, they should use an alcohol-based hand sanitizer,
with at least 60-percent ethanol or 70-percent isopropanol as active ingredients, and rub their
hands together until they are dry.  In addition, personnel should be advised to:

• Avoid touching their eyes, nose, or mouth with unwashed hands.
• Cover coughs and sneezes or cough/sneeze into the inside of elbows/upper sleeve.
• Avoid close contact (within 6 feet of any individual for a total of 15 minutes or
more over a 24-hour period) with people.
• Consider exposure risks.
• Self-screen for COVID-19 symptoms20 before entering a DoD facility or interacting
with members of the public in person as part of your official duties.  Stay home if you
have symptoms or feel sick, including “not feeling well,” or “start of a cold or
allergies,” and similar circumstances.
• Recognize personal risk factors.  According to the CDC, certain people, including
older adults and those with underlying conditions such as cancer, heart or lung
disease, chronic kidney disease requiring dialysis, liver disease, diabetes, immune
deficiencies, or obesity, are at higher risk for developing more serious complications
from COVID-19.  See additional information on the CDC website at:
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-
medical-conditions.html.
• Launder or replace masks regularly Use dry, clean masks to promote good hygiene.
• To prevent the spread of COVID-19 in elevators, take the stairs when possible.
• Regularly disinfect surfaces commonly touched by others such as touch screens,
mice, and desktops with an alcohol or germicidal wipe as described in section 5.8.

b. Installations will post signage about specific measures applicable to the
installation, such as mask wearing and physical distancing requirements, and on
installation websites, as appropriate.
5.2.  PHYSICAL DISTANCING. [RESCINDED]
Supervisors will maintain at least six feet of separation between individuals in DoD
workplaces whenever possible and regardless of the CDC COVID-19 Community Levels.
This requirement does not apply to students in DoD schools.  Installation commanders will
implement measures designed to ensure at least six feet of separation in indoor areas
whenever possible (including common areas, elevators, stairs, and escalators) and outdoor

20 COVID-19 symptoms can be found at:  https://www.cdc.gov/coronavirus/2019-ncov/symptoms-
testing/symptoms.html.
App. 069
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 71 of 104   PageID 7442

Current as of January 30, 2023
36
areas which are crowded or in which personnel are required to congregate, such as
building entrances and security checkpoints.

Supervisors will limit requirements for face to face interactions in circumstances
when physical distance cannot be maintained and will consider use of telecommunication
tools even when onsite.

Installation commanders will determine whether stairwells or sides of stairwells
should be designated as “up” and “down” to promote physical distancing.  Installation
commanders will consider placing signs limiting the number of personnel allowed inside
elevators and use floor markings showing where personnel should stand in elevator lobbies
and within elevators to reinforce physical distancing.
5.3.  MASKS.
a. The following masking guidance applies to all DoD installations and other facilities
owned, leased, or otherwise controlled by the DoD:

• When the CDC COVID-19 Community Level21 is high in the county or equivalent
jurisdiction where a DoD installation or facility is located, indoor mask-wearing is
required for all individuals, including Service members, DoD civilian employees,
onsite DoD contractor personnel (collectively, “DoD personnel”), and visitors,
regardless of vaccination status.  Each installation and DoD facility will post
signage at building entrances and in common areas of DoD owned and
controlled facilities when the CDC COVID-19 Community Level is high
indicating that masks are required.

• When the CDC COVID-19 Community Level is medium or low in the county where
a DoD installation or facility is located, indoor mask-wearing is not required.

• Individuals may choose to wear a mask regardless of the CDC COVID-19
Community Level.

b. Exceptions to mask wearing are limited to:

1. When an individual is alone in an office with a closed door and floor-to-ceiling
walls;
2. Brief periods of time when eating and drinking while maintaining distancing and
in accordance with instructions from commanders and supervisors;
3. When the mask is required to be lowered briefly for identification or security
purposes;
4. When necessary as a reasonable accommodation for a person with a disability or
to reasonably accommodate participation in a religious service;

21 See section 1.3 for information about CDC COVID-19 Community Levels.
App. 070
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 72 of 104   PageID 7443

Current as of January 30, 2023
37
5. When clear or unrestricted visualization of verbal communication is required for
safe and effective operations (e.g., air traffic control, emergency dispatch,
police/fire/emergency services);
6. When the person who would be wearing the mask is under the age of two,
sleeping, unconscious, incapacitated, or otherwise unable to remove the mask
without assistance;
7. When engaged in training in which mask wearing is not feasible or creates a
hazard, such as swim qualification, amphibious, and aquatic training events;
8. When individuals are alone (or with members of their household or close social
pod) in their housing, private outdoor space, or personally owned vehicle;
9. When personnel are operating machinery, tools, and/or other items during the use
of which a mask would present a safety hazard (for example, the use of a gaiter
may be needed for flight line safety reasons);
10. When environmental conditions are such that mask wearing presents a health and
safety hazard (e.g., extreme elevated temperatures); and
11. When individuals are enrolled in a respiratory protection program and are wearing
a respirator during the performance of duties requiring respiratory protection.
Components that want to distribute N95 respirators to personnel must follow
an OSHA respiratory protection program.

c. Case-by-case exceptions to the requirements for mask wearing as determined at a
level no lower than a general/flag officer in the grade of O-7, SES member (or equivalent), or,
for installations that do not have officials at these levels, O-6 installation commanders.

d. Transportation:  All individuals must wear a mask on DoD aircraft, boats and
other maritime conveyances, and buses traveling into, within, or out of the United States,
and indoor DoD transportation hubs, regardless of vaccination status and the CDC
COVID-19 Community Levels.  Masks are optional in outdoor areas of these conveyances
(if such outdoor areas exist on the conveyance) or while outdoors at transportation hubs, if
these areas are uncrowded.  Masking requirements apply whether the DoD aircraft, boats
and other maritime conveyances, and buses are located inside or outside the United States,
but exclude these conveyances and other tactical vehicles and craft in their operational
environment.  It is recommended that individuals wear a mask in Government cars, vans,
or other low occupancy transportation assets, regardless of the CDC COVID-19
Community Level.  It is recommended that all individuals wear masks on DoD conveyances
(e.g., aircraft, maritime vessels, and buses) and in Government cars, vans, or other low
occupancy transportation assets when more than one person is present.

e. Notwithstanding the above, and regardless of the CDC Community Level, masks
must be worn by masking of patients, visitors, and personnel working in DoD health care
facilities (including military medical, dental, and veterinary treatment facilities) will occur in
accordance with requirements specified in 29 CFR § 1910.502 and in accordance with
OSHA and CDC guidelines22.  Masks will be worn by visitors and patients to DoD military

22 “Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the
Coronavirus Disease 2019 (COVID-19) Pandemic,” September 23, 2022.  Available at:
https://www.cdc.gov/coronavirus/2019-ncov/hcp/infection-control-recommendations.html.
App. 071
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 73 of 104   PageID 7444

Current as of January 30, 2023
38
medical and dental treatment facilities except while undergoing medical examinations or
procedures that interfere with those activities.
5.4.  CASE MANAGEMENT AND RESTRICTING WORKPLACE ACCESS – SERVICE
MEMBERS.
Testing of Service members:

• Test based on clinical judgment and public health considerations.
o If laboratory positive:  The Service member becomes a COVID-19 case and must be
isolated.
▪ The Service member will stay isolated for 5 days (day 0 is the day symptoms started
or date of specimen collection if asymptomatic).
▪ The Service member may leave isolation after 5 days, if no symptoms are present or
if he/she is afebrile for more than 24 hours and any remaining symptoms are
resolving.  Mask wearing must continue for 5 days after leaving isolation when
around others, even if mask wearing is not otherwise required by DoD guidance.
▪ If fever, shortness of breath, or severe fatigue start or persist, the Service member will
stay isolated until these symptoms resolve.  The Service member should be seen and
managed by medical personnel.
▪ A negative test is not required to discontinue isolation due to difficulty interpreting
persistent positive results.  This is consistent with the CDC’s recommendation to
NOT test during the 90-day period following initial diagnosis.  This applies to all
viral testing methodologies, including antigen testing.
o If laboratory negative:  The Service member should be followed to ensure he/she
clinically improves.
▪ If laboratory negative and asymptomatic or clinically improved: The Service member
has no restrictions.
▪ If laboratory negative and the Service member does NOT clinically improve or
worsens, and no other etiology is found, then consider re-testing for COVID-19.

Management of Close Contacts of a Case (as determined by contact tracing):23

• Quarantine is not required for Service members who are close contacts and who are up-
to-date with an FDA licensed or authorized COVID-19 vaccine, or a World Health
Organization Emergency Use Listing COVID-19 vaccine.  Regardless of vaccination
status, cClose contacts identified through contact tracing or through exposure must wear
a mask around others indoors for 10 days, even if mask wearing is not otherwise required by
DoD guidance,. and if practical, Service members in the workplace must test on day at
least once after 5 full days following exposure.  If symptoms develop, then the individual
must get tested and isolate until test results are complete.
• Close contact Service members who are not up-to-date with the COVID-19 vaccine
must quarantine for 5 days.  The Service member should wear a mask at all times when

23 For more information on contact tracing with respect to Service members, see:
https://www.cdc.gov/coronavirus/2019-ncov/php/contact-tracing/contact-tracing-plan/contact-tracing.html.
App. 072
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 74 of 104   PageID 7445

Current as of January 30, 2023
39
around other individuals, regardless of those individuals’ vaccination status, and even if
mask wearing is not otherwise required by DoD guidance.  Testing should occur on day
5 after exposure.  If no symptoms develop, quarantine may end after 5 days, but the
Service member must continue to wear a mask around others for an additional 5 days
(i.e., masks must be worn for a total of 10 days after exposure, including the time in
quarantine).  If any symptoms develop at any time, the individual should be tested for
COVID-19 and advised to isolate.
• Exceptions to the above protocols for asymptomatic Service members with potential
exposure based on close contact who are not fully vaccinated, and whose presence is
required in the workplace, may be considered in cases of mission-essential activities
that must be conducted on site.  This exception may be granted in writing by the first
general/flag officer, SES member, or equivalent, in the chain of command/chain of
supervision or, for those locations that do not have general/flag officers or SES leaders,
by O-6 installation commanders.  Vaccination status of the Service member should be
considered in granting an exception, as more risk will be assumed in granting an
exception for a Service member who is not fully vaccinated.  Service members who
develop signs or symptoms consistent with COVID-19 during the duty period, he/she
will be ordered to return to quarters and provided instructions for compliance with this
guidance.  Service members granted an exception must comply with the following
practices for 5 days after the last exposure:
o Obtain a COVID-19 test on calendar day 5;
o Conduct daily COVID-19 symptom screening with temperature checks;
o Wear a mask in the workplace for 10 calendar days after exposure, even if mask
wearing is not otherwise required by DoD guidance;
o Practice hand and cough hygiene;
o Refrain from sharing headsets or other objects used near the face;
o Continue to physically distance as much as possible; and
o Clean and disinfect their workspace daily
• In all situations, for a full 10 days after last contact with a confirmed case exposure,
Service members must continue to self-monitor, and practice strict adherence to all non-
pharmaceutical intervention mitigation strategies, and, if not fully vaccinated, wear masks,
avoid crowds and practice physical distancing, hand and cough hygiene, maintain adequate
indoor ventilation, and perform environmental cleaning and disinfection.  In addition, Service
members located outside the United States identified as close contacts must follow host-
nation policies, as applicable.

Testing Quarantined Individuals Who Develop Symptoms:

Test eligible Service members in quarantine who develop symptoms commonly
associated with COVID-19.

• If laboratory positive:  The Service member becomes a case and must be isolated (see
above).
• If laboratory negative:  The Service member must continue to follow procedures for
quarantine as outlined above.

App. 073
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 75 of 104   PageID 7446

Current as of January 30, 2023
40
Recommendations for Testing During the Period Following Initial Diagnosis of COVID-
19:24

• For Service members previously diagnosed with COVID-19 who remain asymptomatic after
recovery, polymerase chain reaction retesting is not recommended within 90 days from the
date of initial diagnosis.  Furthermore, in the event of subsequent close contact with
confirmed COVID-19 positive individuals, additional quarantine (including any required
post-travel quarantine) is not necessary or recommended for 90 days as long as the Service
member remains symptom-free.

• If Service members become symptomatic during this time frame (whether or not they are a
close contact of a case) they must self-isolate immediately and be evaluated by a health
care provider retest to determine if they may have been re-infected with SARS-CoV-2 or if
symptoms are caused by another etiology.  Isolation may be warranted during this time is
required, particularly if symptoms developed within 10 days after close contact exposure
with to an individual who has contracted COVID-19.

Aircrew Notification:  In situations where a Service member is identified as a case within 72
hours after medical transport in the en route care system, local public health authorities at the
receiving MTF, or at the closest MTF if the case is transferred to a civilian medical facility, must
notify the regional Theater Patient Movement Requirements Center to initiate contact tracing and
air crew exposure procedures.

Contacts of Contacts:  There is no indication to quarantine asymptomatic Service members
who are contacts of contacts; they should continue to self-monitor for symptoms.
5.5.  RESTRICTING WORKPLACE ACCESS – PERSONNEL OTHER THAN SERVICE
MEMBERS.
a. Personnel other than Service members who have signs or symptoms consistent with
COVID-1925 will notify their supervisor and not come to the DoD workplace.  Personnel who
develop any signs or symptoms consistent with COVID-19 during the workday must
immediately distance from other workers, put on a mask even if mask wearing is not otherwise
required by DoD guidance, notify their supervisor, and promptly leave the DoD workplace.

b. Regardless of COVID-19 vaccination status, pPersonnel who test positive for
COVID-19 will remain out of the workplace for 5 days (day 0 is the day symptoms started or
date of specimen collection if asymptomatic).  To calculate the recommended time frames,
day 0 is the day tested if no symptoms, or the date symptoms started.  Personnel who test
positive for COVID-19 Individuals may return to the DoD workplace after 5 days, if either:
(1) they have no symptoms; or (2) if they are afebrile fever-free for more than 24 hours
(without the use of fever-reducing medication) and any remaining symptoms are resolving.

24 Beyond the 90-day recovery window, Service members revert to protocols for individuals who have never been
diagnosed with COVID-19.
25 https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html.
App. 074
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 76 of 104   PageID 7447

Current as of January 30, 2023
41
Mask wearing must continue in the workplace for an additional 5 days (for a total of 10 days
post-positive result), even if mask wearing otherwise is not required by DoD guidance.

c. Personnel with potential exposure exposed to COVID-19 based on close contact
with a person who has a laboratory confirmed, clinically diagnosed, or presumptive case of
COVID-19 will notify their supervisor.

1. Asymptomatic personnel with potential exposure to COVID-19 based on
close contact who are:  (1) not fully vaccinated; or (2) are not up-to-date with the COVID-
19 vaccine will remain out of the workplace for 5 days.  Regardless of vaccination status,
aAsymptomatic personnel with potential exposure exposed to COVID-19 close contact must
wear a mask in the workplace for 10 days, even if mask wearing otherwise is not required by
DoD guidance.

2. In cases of mission-essential activities that must be conducted on site,
asymptomatic personnel with potential exposure to COVID-19 based on close contact, who
otherwise would need to remain out of the workplace, may be granted an exception to
continue to work on site provided they remain asymptomatic, do not have a positive test for
COVID-19, and comply with the following key practices for 5 days after the last exposure:

• Obtain a COVID-19 test on day 5;
• Conduct daily pre-screening with temperature checks;
• Wear a mask in the workplace for 10 days after exposure, even if mask
wearing is not otherwise required by DoD guidance,
• Practice hand and cough hygiene;
• Refrain from sharing headsets or other objects used near the face;
• Continue to physically distance as much as possible; and
• Clean and disinfect their workspaces daily.

This exception may be granted by the first general/flag officer or member of the
SES, or equivalent, in the chain of command/chain of supervision or, for those
locations that do not have general/flag officers or SES leaders, by O-6
installation commanders.  If the individual develops signs or symptoms
consistent with COVID-19 during the duty period, he/she will be sent home
immediately.

2. 3.  Personnel performing duties outside the United States will also follow
applicable geographic Combatant Commander guidance to address HN policies.

d. DoD civilian employees who are remaining out of the workplace because of
COVID-19 symptoms and who are waiting for a test result may telework if able to do so.  If
they are unable to or do not feel well enough to telework, they may request sick leave, use
accrued annual leave or other forms of earned paid time off (e.g., compensatory time off or
credit hours), or use unpaid leave, as appropriate.  Weather and safety leave is unavailable
in this situation, but to mitigate exposure risks in the workplace, and on a limited basis, up
to 1 day of administrative leave may be offered to DoD civilian employees who have
App. 075
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 77 of 104   PageID 7448

Current as of January 30, 2023
42
COVID-19 symptoms and are remaining out of the workplace while actively seeking to be
tested.

e. DoD civilian employees who test positive for COVID-19 may telework during the
5 days they are required to remain out of the workplace if able to do so.  If they are unable
to or do not feel well enough to telework, they may request sick leave, use accrued annual
leave or other forms of paid time off (e.g., compensatory time off or credit hours), or use
unpaid leave in this situation, as appropriate.  Weather and safety leave is not available in
this situation.
5.6.  RESTRICTING WORKPLACE ACCESS – STATE AND LOCAL RESTRICTIONS.
In States and localities that require members of the general public to stay at home, DoD
Service members and civilian employees may report to work as directed to do so by a
commander or supervisor.
5.7.  ISSUANCE OF MEDICAL PERSONAL PROTECTIVE EQUIPMENT.
Medical personal protective equipment (PPE) items, such as N95 respirators, are reserved
for use in high-risk procedures and for use by those at increased risk of severe disease, and
should not be issued outside of these circumstances unless local commanders or supervisors
determine they are necessary to respect HN or local jurisdiction guidelines.  In those instances,
commanders or supervisors, in consultation with public health specialists and legal counsel, and
with consideration of national or local jurisdictional agreements, such as Status of Forces
Agreements, will determine if medical PPE items will be issued to non-medical personnel to
respect such guidelines.  The PPE supply must be optimized and the below guidelines should be
followed, in addition to consulting CDC-published strategies found at:
https://www.cdc.gov/coronavirus/2019-ncov/hcp/ppe-strategy/index.html.

Although it is likely that expired respirators will be scarce 2 years into the pandemic,
stockpiles of new respirators may eventually pass their expiration date.  N95 respirators in the
pandemic stockpiles that have exceeded their manufacturer’s recommended shelf-life and
expiration date should not be discarded.  Current CDC guidance addresses this issue describing
strategies for optimizing the supply of N95 respirators in health care settings where there is a
limited supply.26  Use of expired respirators may be prioritized for situations where personnel are
not exposed to the virus that causes COVID-19, such as for training and fit testing.  The
manufacturer should be contacted for additional guidance on the use of expired respirators for
any other reasons.  Those responsible for ordering respirators should not do so with the idea that
expired devices can be readily re-used; rather, expired devices should be discarded as per
National Institute for Occupational Safety and Health pre-pandemic policy.

26 https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/index.html.
App. 076
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 78 of 104   PageID 7449

Current as of January 30, 2023
43
5.8.  CLEANING AND DISINFECTING.
The CDC and OSHA have established enhanced cleaning and disinfection guidance for
the cleaning and disinfection of work areas, including those areas previously occupied by
workers with known or suspected COVID-19.  Enhanced cleaning and disinfection should also
be performed for common use, high-touch, high-density spaces and equipment such as in
lobbies, restrooms, break areas, office elevators, and stairwells.  It should also include tools and
equipment that are shared by multiple users.

Personnel who are cleaning workspaces or conducting maintenance activities in areas
previously occupied by someone who is known or suspected to have contracted COVID-19
should wear gloves, face shields (if there is a risk of splash), disposable gowns or aprons, and
other protection as recommended on the Safety Data Sheet or EPA label of the cleaning or
disinfectant product.  When using electrostatic sprayers for disinfection, personnel should wear
PPE as specified in the EPA product label.  Personnel should follow all personal hygiene
requirements (e.g., handwashing, equipment doffing) after completion of work activities as
recommended by CDC guidance at: https://www.cdc.gov/coronavirus/2019-
ncov/community/disinfecting-building-facility.html and https://www .cdc.gov/niosh/docs/2012-
126/pdfs/2012-126.pdf.  Segregation of such work areas prior to cleaning and disinfection is
necessary.  When the cleaning and disinfection procedures described above are complete,
demarcation of areas where the individuals known or suspected to have contracted COVID-19
previously worked is not necessary.
5.9.  HEATING, VENTILATION, AND AIR CONDITIONING (HVAC).
The SARS-CoV-2 virus is transmitted mainly by large respiratory droplets, but infected
individuals generate aerosols and droplets across a large range of sizes and concentrations. There
is no need to shut down air HVAC, air handling systems, or air vents to prevent the spread of
COVID-19 within a building.  Increasing indoor air movement and ventilation is a cornerstone of
COVID-19 transmission mitigation strategy.  Ensure existing HVAC systems in buildings are
functioning properly, ensure the amount of outside air supplied to the HVAC system is
maximized to the extent appropriate and compatible with the HVAC systems’ capabilities, and
ensure the use of air filters that have a Minimum Efficiency Reporting Value-13 or higher filter
where the system can accommodate this type of filtration efficiency.  In addition to the
requirements for existing HVAC systems, building managers should consider other measures to
improve ventilation in accordance with as set forth in CDC guidance (e.g., opening windows
and doors to let in outside air) at:  (https://www.cdc.gov/coronavirus/2019-
ncov/community/ventilation.html) and guidance from American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE;
https://www.ashrae.org/file%20library/technical%20resources/ashrae%20journal/2020jou
rnaldocuments/72-74_ieq_schoen.pdf).

App. 077
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 79 of 104   PageID 7450

Current as of January 30, 2023
44
5.10.  OSHA-REQUIRED ILLNESS RECORDKEEPING.
a.  General workplace:  COVID-19 is a recordable occupational illness if a worker
contracts the virus as a result of performing his or her occupational duties and if all of the
following conditions are met:  (1) COVID-19 illness is a confirmed case; (2) contraction
of COVID-19 is work-related as described in 29 CFR § 1904.5 (this condition will
require a determination by the commander or supervisor who may require input from the
worker’s health care provider); (3) the case of illness satisfies the requirement as a
recordable illness as set forth in 29 CFR § 1904.7 (e.g., medical treatment beyond first
aid is required, the number of calendar days away from work meets the stated
threshold).27

b.  Health care providers:  Adhere to COVID-19 illness recordkeeping and reporting
procedures contained in 29 CFR §§ 1910.502(q)(2)(ii), 1910.502 (q)(3), and
1910.502(r).
5.11.  SAFETY AUDITS, INSPECTIONS, AND TRAINING.
To ensure maximum compliance with physical distancing guidance and telework
arrangements, routine industrial hygiene and safety surveys required by DoDI 6055.05,
“Occupational and Environmental Health,” and DoDI 6055.01, “DoD Safety and Occupational
Health (SOH) Program,” may be discontinued at the discretion of the Component’s Designated
Agency Safety and Health Official, for the duration of the pandemic or the workplace returns to
HPCON 0, whichever comes sooner.

The annual survey requirements specified in paragraph 3.8 of DoDI 6055.12, “Hearing
Conservation Program (HCP),” may be suspended by DoD Components at the discretion of the
Component’s Designated Agency Safety and Health Official during the COVID-19 pandemic so
long as there is a good faith effort to complete required services and compliance is not otherwise
possible.  These requirements should resume upon the conclusion of the pandemic or the
workplace returns to HPCON 0, whichever comes sooner.

Spirometry can be safely performed by following the CDC guidance for increased
ventilation and regular room cleaning and disinfection, patient screening, and implementation of
single use disposable items.  The guidance for pulmonary function tests is contained in the
Defense Health Agency Deputy Assistant Director for Medical Affairs Memorandum,
“Outpatient Pulmonary Function Tests (PFT) During COVID-19 Pandemic,” August 18, 2020,
and interim technical guidance for the safe performance of spirometry is available from the
American College of Occupational and Environmental Medicine.28

27 The reporting requirements are described in more detail in DoDI 6055.07, “Mishap Notification, Investigation,
Reporting, and Record Keeping,” and at: https://www.osha.gov/recordkeeping.
28 September 1, 2021.  https://acoem.org/Guidance-and-Position-Statements/Guidance-and-Position-
Statements/Occupational-Spirometry-and-Fit-Testing-in-the-COVID-19-Era-2021-Interim-Recommendations-from-
the-A.
App. 078
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 80 of 104   PageID 7451

Current as of January 30, 2023
45
5.12.  MAINTENANCE.
If workers are planning to conduct maintenance in a residence where a person who is
known or suspected to have contracted COVID-19 resides and the maintenance is necessary and
cannot be delayed, the resident should be asked to remove all items that would impede the work
of the maintenance personnel.  The resident should clean the area of any dirt, debris, dust, etc.
that would impact the effectiveness of surface disinfectant used by maintenance personnel.
Workers should maintain a the maximum possible distance of at least 6 feet from the resident
who is known to have or suspected of having contracted COVID-19, and ask that the resident
remain in a separate room while maintenance is conducted.  If a separate room for the resident is
unavailable and the worker is unable to remain 6 feet in physically distance from the resident
during the work, appropriate protective equipment for close contact exposure risks must be
worn by the worker.  If necessary, clean and disinfect the work area following the procedures for
personnel protection described in section 5.8.

App. 079
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 81 of 104   PageID 7452

Current as of January 30, 2023
46
SECTION 6:  MEETINGS
For any planned in-person meetings, events, and conferences (referred collectively
herein as “meetings”) sponsored by DoD with more than 50 participants in a county or
equivalent jurisdiction where the CDC COVID-19 Community Level is high, the meeting
organizer will obtain advance written approval from the DoD or Office of the Secretary of
Defense (OSD) Component head concerned to hold the meeting.  The DoD or OSD
Component head concerned may delegate this authority in writing to their Principal
Deputy (or equivalent) but no lower.  For the Pentagon Reservation, the approval authority
is the DA&M and this authority may not be further delegated.

For any in-person meetings in a county or equivalent jurisdiction where the CDC
COVID-19 Community Level is high or medium, the meeting organizer will require all
attendees, including Service members and DoD civilian employees, to show a completed DD
Form 3150, “Contractor Personnel and Visitor Certification of Vaccination” and will
follow the applicable requirements in section 5.2 for physical distancing.  For any in-person
meetings in a county or equivalent jurisdiction where the CDC COVID-19 Community
level is low, the meeting organizers will follow the applicable requirements in section 5.2 for
physical distancing.

In-person attendees who are not fully vaccinated, or who decline to provide
information about their vaccination status, may not attend the meeting if they do not show
the meeting organizer proof of a negative FDA approved or authorized COVID-19 test
completed no earlier than 72 hours prior to the meeting, and at least weekly if the meeting
is greater than one week in duration.  Meetings do not include military training and
exercise events conducted by MILDEPs.

For any planned in-person meetings, events, and conferences (referred collectively
herein as “meetings”) sponsored by DoD in a county or equivalent jurisdiction where the
CDC COVID-19 Community Level is high or medium, the meeting organizer will require
all attendees, including Service members and DoD civilian employees, to physically
distance and will limit attendance as necessary to maintain physical distance.  Where the
CDC COVID-19 Community Level is high, meeting organizers will require all attendees to
wear high-quality masks.  Meetings do not include military training and exercise events
conducted by MILDEPs.

App. 080
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 82 of 104   PageID 7453

Current as of January 30, 2023
47
SECTION 7:  TRAVEL
This section covers official and unofficial travel and provides current pre- and post-travel
guidance for Service members, DoD family members, DoD civilian employees, and DoD
contractor personnel.

Heads of DoD and OSD Components may implement more restrictive guidance and
additional FHP measures based on mission requirements and local risk assessments, in
consultation with their medical staffs and public health authorities.

The Secretaries of the MILDEPs, heads of OSD Components, Commanders of the
Geographic Combatant Commands (GCCs), and the Commander, U.S. Transportation
Command (USTRANSCOM), may choose to exempt assigned aircrew and aircraft maintenance
recovery team members on commercial, military contracted, and organic military aircraft from
this section, to the extent permissible, consistent with applicable legal requirements.  In addition,
patients and their attendants in the en-route care system are exempt from restriction of movement
(ROM) requirements and may be exempted from testing requirements by the Theater Validating
Flight Surgeon until they arrive at their final treatment destination.  Medical care will not be
delayed due to ROM requirements.

The Commander, USTRANSCOM, may further waive the requirements of this section in
order to continue execution of the Joint Deployment and Distribution Enterprise as required to
project and sustain the joint force globally.  This includes forces (aircrews, vessel crews, and
mission essential personnel) ordered on prepare-to-deploy orders alert status, air refueling, global
patient movement, mortuary affairs support, inland surface, sea, and air sustainment missions,
support to other federal departments and agencies (as approved by the Secretary of Defense); and
moves of personnel and equipment that support USTRANSCOM’s global posture requirements.
7.1.  GENERAL TRAVEL GUIDANCE.
In all cases, no personnel may engage in official travel if they have tested positive for
COVID-19 and have not yet met the criteria for discontinuing isolation, they are
symptomatic, or they are pending COVID-19 test results.  After discontinuing isolation,
personnel should avoid official travel until 10 calendar days after their symptoms started
or the date of their positive test.  If these personnel must travel on days 6 through 10, they
must properly wear a well-fitting mask when they are around others for the entire duration
of travel, even if mask wearing is not otherwise required by DoD guidance.  Official travel
should also be delayed if, in the past 10 days, an individual has been exposed to someone
who has tested positive for, and/or been symptomatic of, COVID-19.  Prior to travel, all
official travelers should be educated on how to self-monitor and what actions to take if one
develops signs or symptoms consistent with COVID-19 or contracts COVID-19.

Fully vaccinated individuals are not restricted from official travel, both domestic
and international.  Individuals who are not fully vaccinated, or who decline to provide
information about their vaccination status, are limited to mission-critical official travel,
both domestic and international.  “Mission-critical” will be determined by the traveler’s
App. 081
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 83 of 104   PageID 7454

Current as of January 30, 2023
48
DoD or OSD Component head, who may delegate this authority in writing to the
Component’s Principal Deputy (or equivalent) but no lower.  For the purpose of this FHP
guidance, travel associated with permanent changes of station, travel in connection with
Authorized or Ordered Departures issued by the Department of State, or travel in
evacuations ordered by the appropriate DoD official is deemed to be “mission-critical.”

During all official travel, travelers will follow all applicable Federal, State, local, and
commercial air carrier requirements, and applicable HN requirements as a means to respect HN
law.  In addition to completion of required or recommended ROM, aAdditional requirements
may be necessary when traveling to, or from, locations outside, and within, the United States,.
tTravelers will follow any requirements in the Electronic Foreign Clearance Guide pertaining to
entry, movement, or operations into a HN.  Travelers will also refer and adhere to local updates
in HN for travel and movement within the HN.

For travel via military airlift (contracted or organic), Aerial Point of Embarkation
(APOE) health screening is mandatory.  Travelers who have a medical issue identified
during screening or who refuse to be screened at the APOE may be denied travel.

The waiver authority available to the Secretaries of the MILDEPs, heads of OSD
Components, Chief of the National Guard Bureau, and Commanders of the GCCs for
official travel is specified in section 7.4.  Travel that is limited to transit between, and through,
foreign countries contained wholly within a single GCC area of responsibility, and between GCC
areas of responsibility, is not subject to this memorandum and will be managed by each relevant
GCC or GCCs as appropriate.
7.2.  RISK ASSESSMENT PRIOR TO TRAVEL. [RESCINDED]
It is important for the appropriate commander or supervisor, assisted by medical
personnel, to complete a risk assessment for each traveler before travel, as set forth below,
including an assessment of the health status and itinerary.  Specifically:

• For Service members, a risk assessment is required before all travel.
• For DoD family members, reimbursement for official travel may only occur
after the Service members certifies, to the best of his or her knowledge, that
family members have completed a risk assessment.  DoD family members are
strongly encouraged to complete a risk assessment before unofficial travel as
well.
• For DoD civilian employees, a risk assessment is required before official travel.
DoD civilian employees are strongly encouraged to complete a risk assessment
before unofficial travel as well.

The risk assessment of the health status of the traveler will include, at a minimum,
determining:

• Whether the individual is familiar with how to self-monitor, and what actions to
take, if he or she develops signs or symptoms consistent with COVID-19 or
App. 082
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 84 of 104   PageID 7455

Current as of January 30, 2023
49
contracts COVID-19;
• Whether the individual has exhibited any signs or symptoms consistent with
COVID-19 within the previous 10 days;
• Whether the individual has had close contact with anyone having, or known to
have exhibited, signs or symptoms consistent with COVID-19, or who has tested
positive for COVID-19 within the previous 10 days;
• Whether the individual has recently recovered from COVID-19 and, if so, when
and if they have documentation of a positive viral test and documentation of
recovery from a health care provider;
• Whether the individual is fully vaccinated or up-to-date with COVID-19
vaccines and, if so, when, and whether they have proof of vaccination (CDC
vaccination card or other medical documentation);
• Whether the individual has traveled to a country, State, territory, county, or city
with high or increasing risk of COVID-19 as defined by the CDC in Travel
Health Notices;
• Whether the individual is at increased risk of severe illness of COVID-19 as
defined by the CDC. Additional details can be found at:
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html.
For DoD civilian personnel, disclosure of this information is voluntary; and
• The status of community spread of COVID-19 for the travel destination.

DoD Components may consider requiring contractors with contracts calling for
official travel outside the United States to direct their employees to perform a risk
assessment prior to such travel.  When required, the contractor may tailor the assessment
elements according to company policy and should document the risk assessment.  At a
minimum, when required, the risk assessment should include a self-health assessment
performed by the traveler, and a review of the travel itinerary by the traveler’s supervisor.
The contractor should not be required to disclose the results of the assessment with the
DoD.  DoD contractor personnel are encouraged to complete a risk assessment before
unofficial travel as well.

In all cases, no personnel may engage in official travel if they have tested positive for
COVID-19 and have not yet met the criteria for discontinuing isolation, they are
symptomatic, or they are pending COVID-19 test results.  After discontinuing isolation,
personnel should avoid official travel until 10 calendar days after their symptoms started
or the date of their positive test.  If these personnel must travel on days 6 through 10, they
must properly wear a well-fitting mask when they are around others for the entire duration
of travel, even if mask wearing is not otherwise required by DoD guidance.  Official travel
should also be delayed if, in the past 10 days, an individual has been in close contact with
someone who has tested positive for, and/or been symptomatic of, COVID-19 and requires
self-quarantine.  Prior to travel, all official travelers should be educated on how to self-
monitor and what actions to take if one develops signs or symptoms consistent with
COVID-19 or contracts COVID-19.

App. 083
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 85 of 104   PageID 7456

Current as of January 30, 2023
50
7.3.  ROM REQUIREMENTS. [RESCINDED]
a. Steps to Be Taken During ROM.  During any required or recommended ROM
period, individuals will, to the fullest extent practicable:

• Restrict movement to their residence or other appropriate domicile29 as much as
possible.
• Maintain a distance of greater than 6 feet from anyone who did not, or will not,
travel with them, including family members or roommates; wear masks at all
times around individuals; and employ hand washing practices in accordance
with CDC guidance; avoid crowds; avoid the use of public transportation; and
avoid close interaction with pets or other animals for 10 days after travel even if
the ROM period is shorter than 10 days.
• Consider their ROM location as their authorized duty location.
• Self-monitor for subjective fever (that is, feeling feverish) or actual fever
(≥100.4°F or ≥38°C) by taking their temperature twice a day, and self-monitor
for cough, difficulty breathing, or other COVID-19 signs and symptoms as
described by the CDC at:  https://www.cdc.gov/coronavirus/2019-
ncov/symptoms-testing/symptoms.html.  If signs or symptoms consistent with
COVID-19 develop during the 14-day self-monitoring period, individuals will, to
the fullest extent practicable, immediately self-isolate, limit close contact with
others, and, if appropriate, seek advice by telephone or other authorized
communication modalities from an appropriate healthcare provider to
determine whether medical evaluation and testing for COVID-19 is needed.
• For Service members, notify their chain of command if they, or persons in their
household, develop signs or symptoms consistent with COVID-19.  Such health
information will be used only for FHP purposes and will be protected in
accordance with applicable laws and policy.
• DoD civilian employees should notify supervisors if they develop, or have had
contact with anyone who exhibits, signs or symptoms consistent with COVID-19.
Such health information will be used only for FHP purposes and will be
protected in accordance with applicable laws and policy.
• Telework when practicable per direction of their commander or supervisor.
• For personnel whose presence is required in the workplace by their supervisor,
consider whether and when to return to work during the ROM period in
accordance with section 5.

b. Additional ROM Guidance:

• If ROM is conducted prior to travel, travel to and from an APOE following
ROM completion will, to the maximum extent possible, be conducted in a
manner that minimizes the risk of personnel being exposed to, or contracting,
the virus that causes COVID-19 during travel.

29 The ROM location for Dynamic Force Employment organizations and individuals will be identified
through a case-by-case determination coordinated with the force provider and GCC.
App. 084
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 86 of 104   PageID 7457

Current as of January 30, 2023
51
• For MILDEP ships and submarines, underway time from port of
embarkation/debarkation to port of debarkation/embarkation may be used to
meet ROM requirements provided no cases have occurred while underway and
there has been no contact with personnel from other vessels (e.g., resupply
vessels) that would permit transmission.

c. Exceptions to ROM:

• Pre- and post-travel ROM is not required for individuals who have fully
recovered from a laboratory-confirmed diagnosis of COVID-19 within the
previous 90 days prior to travel, or for individuals who are fully vaccinated.
Those fully recovered and fully vaccinated will self-monitor for COVID-19
symptoms after travel.  However, Service members will isolate and get tested for
COVID-19 if they develop signs or symptoms consistent with COVID-19.
• ROM after arrival at the travel destination may or may not be required by the
HN. if travelers have undergone COVID-19 screening testing prior to travel.  If
the relevant GCC requires a ROM upon arrival in the country as a means of
respecting HN law, then a pre-deployment ROM is not required.  Travelers
should consult the Electronic Foreign Clearance Guide
(https://www.fcg.pentagon.mil/fcg.cfm) and check with the MILDEPs and GCCs
for current information.
7.2.  ROM REQUIREMENTS
ROM after arrival at the travel destination may or may not be required by the HN.
Travelers should consult the Electronic Foreign Clearance Guide
(https://www.fcg.pentagon.mil/fcg.cfm) and check with the MILDEPs and GCCs for
current information.
7.4.  TESTING REQUIREMENTS. [RESCINDED]
a. Pre-travel, post-travel, and ROM-associated COVID-19 screening testing is
authorized for official domestic and international air travel at military medical treatment
facilities on a non-reimbursable basis for Service members, DoD civilian employees, DoD
contractor employees who are traveling for official DoD business, members of the Selected
Reserve (including members of the National Guard), and family members approved to
accompany DoD personnel.  Testing is authorized for official travel on presentation of an
electronic or paper copy of orders at military medical treatment facilities.  The cost of
testing recommended or required for official travel, and not available through a MTF or
not covered (or reimbursable) through travel insurance, can be claimed in a travel voucher
as a miscellaneous expense under agency travel policies.

b. The testing guidance indicated below is recommended for personnel conducting
official international air travel.  It is recommended that personnel maintain proof of the
negative test during travel.  If the destination location requires a specific test or stricter test
App. 085
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 87 of 104   PageID 7458

Current as of January 30, 2023
52
timing, personnel must follow the destination location requirement instead, which may be
reflected in the Electronic Foreign Clearance Guide.

• Pre-travel viral30 testing is recommended 1 to 3 days prior to departure of the
commercial or military airlift for both travel from the United States to a foreign
country or from a foreign country to the United States.
• Post-international travel viral testing 3 to 5 days after the completion of travel is
recommended for active duty Service members and DoD civilian employees.

c. The testing guidance indicated below is recommended for active duty Service
members conducting unofficial international air travel.  It is recommended that the
individuals maintain proof of the negative test during travel.  Active duty Service members
are authorized to receive pre-international and post-international travel testing.

• Pre-travel viral testing is recommended 1 to 3 days before departure of the
commercial or military airlift for travel from the United States to a foreign
country.  Travelers will adhere to the destination testing requirements.
• Pre-travel viral testing is recommended 1 day before departure of the
commercial or military airlift for travel from a foreign country to the United
States.
• Post-international travel viral testing 3 to 5 days after the completion of travel is
recommended for active duty Service members and DoD civilian employees.
7.5.  SPECIFIC GUIDANCE BY TYPE OF TRAVEL [RESCINDED]
7.5.1  Travel from the United States to a Foreign Country
a) Official Travel
i) Service members
• Will conduct a travel-associated ROM as follows unless a ROM exception
described above applies:
o Upon arrival at the foreign country destination:
▪ As a means to respect HN regulations, Service members will observe
applicable HN public health measures.
▪ ROM will be conducted as follows:
➢ At least 10 days without testing; or, after an appropriate risk
assessment, the head of an OSD Component or Secretary of a
MILDEP may, consistent with applicable HN public health
measures, decrease to a ROM for 5 days with a negative viral test
at the end of the 5-day ROM.
➢ MILDEPs maintain the authority to determine how necessary

30 Testing in this guidance refers to tests that utilize molecular or, in certain limited
circumstances, antigen testing methods, in accordance with the DoD Coronavirus Task
Force Diagnostics and Testing Lead Memorandum, “Optimization of Coronavirus Disease
2019 (COVID-19) Testing Resources,” March 8, 2021.
App. 086
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 88 of 104   PageID 7459

Current as of January 30, 2023
53
ROM and movement, including the mode of transportation to final
destinations, are executed.
o If it is necessary as a means to respect HN regulations to undertake a pre-
arrival ROM to observe applicable HN public health measures, the
Service member will follow the 10-day or 5-day ROM procedures
described above at an appropriate domicile prior to departure and
complete pre-travel testing within one to three days prior to departure.
o Only one ROM is required, either before travel or after arrival.
o Must follow all requirements imposed by the GCC with responsibility
over the destination geographic area, including all applicable HN
procedures as a means to respect HN law, and all requirements of the
Electronic Foreign Clearance Guide.
ii) DoD family members
• Service members must attest that, to the best of their knowledge, their family
members have followed the same requirements as those set forth for Service
members in this guidance.  Failure to do so may result in delay or
cancellation of previously authorized travel.  This attestation requirement
will be incorporated into travel orders issued to Service members.
iii) DoD civilian employees
• Will conduct a travel-associated ROM and other FHP practices as described
above for Service members.
iv) DoD contractor personnel
• DoD contracting officers will ensure that all contracts that include
performance outside the United States require DoD contractor personnel to
comply with the country entry requirements of the respective GCC (which
may include screening, ROM, and testing), as reflected in the Electronic
Foreign Clearance Guide, and all applicable HN procedures necessary to
respect HN law.  The GCC may waive such additional requirements,
consistent with existing authorities.
b) Unofficial Travel
i) Service members will comply with their respective MILDEP guidance, DoD
Component-specific guidance, and/or GCC and applicable HN procedures, as
necessary to respect HN law, for the areas to which, and through which, they are
traveling.
ii) DoD family members, DoD civilian employees, and DoD contractor personnel
must comply with the guidance and/or applicable HN procedures, as necessary
to respect HN law, for the areas to which, and through which, they are traveling,
and are strongly recommended to follow the FHP guidance for Service members
provided within this document and any other DoD Component-specific
guidance.

7.5.2.  Travel From or Through a Foreign Country to the United States
a) Official Travel
i) Service members
• It is recommended that Service members conduct testing as described above,
prior to departure.  Service members will conduct a risk assessment as
App. 087
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 89 of 104   PageID 7460

Current as of January 30, 2023
54
described in “Determining Whether to Travel,” above.  If COVID-19
infection is indicated by the risk assessment or testing, delay travel and
consult a health care provider for clearance to travel.
• Service members will conduct a risk assessment as described in
“Determining Whether to Travel” above upon arrival in the United States.
Those who become ill, or have had close contact with a person known to have
contracted COVID-19, during travel will follow the requirements in section 5
related to workplace access.
• ROM will be conducted as follows:  Unless a ROM exception described above
applies, if traveling from or having traveled through a foreign country, the
Service member will, upon arrival at his or her destination domicile:
o ROM for at least 10 days without testing.
▪ After an appropriate risk assessment, the head of the OSD
Component or Secretary of the MILDEP concerned may decrease to a
ROM for 5 days with a negative viral test at the end of the 5-day
ROM.
▪ Personnel whose presence is required in the workplace by their
supervisor may return to work during the ROM period in accordance
with section 5.
o For any travel-associated ROM, follow the procedures specified above in
the “Steps to Be Taken During ROM” section.  The ROM requirements
may be reduced or waived by the appropriate head of an OSD
Component or Secretary of a MILDEP on a case-by-case basis with
appropriate risk assessment and mitigation measures.
o Comply with all installation, State, and local government guidance.
o Are recommended to get tested for COVID-19 between 3 and 5 days after
arrival, regardless of their vaccination status.
ii) It is recommended that DoD family members conduct pre-travel screening and
testing as described above and are strongly recommended to follow the FHP
guidance that is provided within this document for Service members during all
travel.
iii) It is recommended that DoD civilian employees and DoD contractor personnel
conduct pre-travel screening and testing as described above and are strongly
recommended to follow the FHP guidance for Service members that is provided
in this document during all travel.  Any applicable requirements in section 5
must be met prior to returning to a DoD workplace.
b) Unofficial Travel
i) Service members
• It is recommended that Service members conduct pre-travel testing as
described above.  Service members will follow risk assessment and ROM
procedures described above in the Official Travel section.
• Service members will comply with DoD Component-specific guidance and/or
procedures of the GCC, including those necessary to respect HN procedures
applicable to the countries to which, and through which, they are traveling.
• Service members will conduct a risk assessment as described in
“Determining Whether to Travel” above upon arrival in the United States.
App. 088
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 90 of 104   PageID 7461

Current as of January 30, 2023
55
Those who become ill, or have had close contact with a person known to have
contracted COVID-19 during travel, must self-isolate (if ill) or quarantine (if
exposed but not ill) and notify their chain of command or supervisor.
Exception:  Individuals fully recovered from a laboratory-confirmed
diagnosis of COVID-19 infection within the previous 3 months or those who
are fully vaccinated are not required to quarantine as long as they remain
symptom-free.
ii) DoD family members may follow the FHP guidance, including pre-travel
screening, for Service members provided within this document.
iii) DoD civilian employees and DoD contractor personnel may follow the FHP
guidance, including pre-travel screening for Service members provided within
this document.  Any applicable requirements in section 5 must be met prior to
returning to a DoD workplace.

7.5.3.  Travel Within the United States
a) Official Travel
i) Service members
• Will comply with military installation, State, and local government travel
restrictions.
• Will comply with their DoD Component-specific guidance and/or procedures
for screening, ROM, and testing, and should review and consider CDC
guidance.
ii) DoD family members are strongly recommended to follow the FHP guidance for
Service members provided within this document during all travel.
iii) DoD civilian employees and DoD contractor personnel will conduct pre-travel
screening as described above and are strongly recommended to follow the
guidance for Service members provided within this document for Service
members during all travel.  Any applicable requirements in section 5 must be
met prior to returning to a DoD workplace.
b) Unofficial Travel
i) Service members
• Will comply with military installation, State, and local government travel
restrictions.
• Will comply with their DoD Component-specific guidance and/or procedures
for screening, ROM, and testing.
ii) DoD family members are strongly recommended to follow the FHP guidance for
Service members provided within this document during all travel.
iii) DoD civilian employees and DoD contractor personnel are strongly
recommended to follow the guidance for Service members provided above.  Any
applicable requirements in section 5 must be met prior to returning to a DoD
workplace.

App. 089
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 91 of 104   PageID 7462

Current as of January 30, 2023
56
7.3.  OFFICIAL TRAVEL FROM THE UNITED STATES TO A FOREIGN COUNTRY.
1. Service members and DoD civilian employees:

Service members and DoD civilian employees must follow all requirements imposed
by the GCC with responsibility over the destination geographic area, including all
applicable HN procedures as a means to respect HN law, and all requirements of the
Electronic Foreign Clearance Guide.

2. DoD family members

Service members must attest that, to the best of their knowledge, their family
members have followed the same requirements as those set forth for Service members in
this guidance.  Failure to do so may result in delay or cancellation of previously authorized
travel.  This attestation requirement will be incorporated into travel orders issued to
Service members.

3. DoD contractor personnel:

DoD contracting officers will ensure that all contracts that include performance
outside the United States require DoD contractor personnel to comply with the country
entry requirements of the respective GCC.
7.64.  ADDITIONAL GUIDANCE FOR RESERVE AND NATIONAL GUARD
PERSONNEL.
1. The Secretaries of the MILDEPs may issue any additional procedural guidance as
necessary for Reserve Component personnel.

2. Reserve Component (including National Guard) personnel on official travel will
complete any required health and ROM measures, including home-based quarantine
or self-isolation if required, prior to the end of the official duty period.

3. Reserve Component (including National Guard) personnel on official travel who are
not eligible for treatment at a military medical treatment facility, or who are not
within the established access radius around a military medical treatment facility, may
obtain COVID-19 official travel related testing at a civilian testing site and submit for
reimbursement on their travel voucher.

4. For National Guard (NG) members supporting Federal Emergency Management
Agency mission assignments or for other activities undertaken by NG personnel in a
title 10 or title 32 duty status, the Chief of the National Guard Bureau, in coordination
with the Secretaries of the Army and the Air Force, may issue redeployment guidance
to the States, territories, and the District of Columbia to support mission
requirements, while minimizing risks to NG members and local communities.
Reserve Component personnel in support of another department or agency will
App. 090
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 92 of 104   PageID 7463

Current as of January 30, 2023
57
complete any required health and ROM measures, including home-based quarantine
or self-monitoring, prior to the end of the period of support to that other department
or agency.
7.7.  ADDITIONAL GUIDANCE TO ASSIST COMMANDERS WITH TRAVEL
DECISIONS. [RESCINDED]
1. The Department of Defense Joint Travel Regulations are available at:
https://www.defensetravel.dod.mil/site/travelreg.cfm

2. The DoD COVID-19 Response and Operations Platform, available at
https://covid-status.data.mil/#/, provides travel scenarios and COVID-19
installation status and information to scope, plan, and approve travel by
providing awareness of Health Protection Condition levels and COVID-19
hotspots.

3. The Defense Health Agency’s Armed Forces Health Surveillance Division
provides a “Trajectory of Civilian COVID-19 Cases by County” for the U.S. at
the AFHSB COVID-19 Dashboard, available at:
• https://go.intelink.gov/25BWvsS
• https://covid-status.data.mil/#/

COVID-19 Signs and Symptoms are available at:
https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html
App. 091
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 93 of 104   PageID 7464

Current as of January 30, 2023
58
SECTION 8:  PROTECTION OF PERSONALLY IDENTIFIABLE
INFORMATION RELATED TO COVID-19
8.1.  GENERAL.
Under this Force Health Protection Guidance, the DoD may collect and maintain
sensitive and private information about individuals, including medical information.  All
personally identifiable information (PII) on individuals must be appropriately safeguarded.  In
implementing this guidance, DoD Components may collect, use, maintain, and/or disseminate
only the minimum amount of PII necessary to prevent the spread of COVID-19 and to protect
personnel in DoD workplaces.  All personally identifiable information (PII) on individuals must
be appropriately safeguarded under the Privacy Act of 1974 and DoDI 5400.11, “DoD Privacy
and Civil Liberties Programs.”

Due to the public health emergency, DoD Components are authorized to collect COVID-
19 information from individuals whose place of duty is in the DoD workplace, to the extent such
collection is necessary to implement the guidance above on workplace access and restriction.
DoD Components are authorized to use DD Form 3112, “Personnel Accountability and
Assessment Notification for Coronavirus Disease 2019 (COVID-19) Exposure,” to collect this
information (e.g., affected individual information, type of confirmed or possible health or safety
issue).  This form is located at:
https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd3112.pdf.

8.2.  ADDITIONAL REQUIREMENTS FOR INFORMATION COLLECTED FROM
DOD CIVILIAN EMPLOYEES.
Medical information obtained from DoD civilian employees, including vaccination
status, will be accessible only to immediate supervisors, authorized human resources officials,
and, for exemption requests, Decision Authorities and subject matter experts, who must access
the information to implement the guidance in this memorandum.  The Rehabilitation Act’s
requirements on confidentiality of medical information apply whether or not a DoD civilian
employee has a disability.

DoD personnel will use appropriate safeguards in handling and storing DoD civilian
employee medical information, including a DoD civilian employee’s proof of vaccination; any
medical information on the DD Forms 3175, 3176, and 3177, and COVID-19 test results.
Appropriate safeguards may include encrypting emails and electronic files, and role-based access
Currently, the requirement for all Federal civilian employees to be vaccinated is not in effect.  A U.S.
district court judge issued a nationwide preliminary injunction prohibiting implementation and
enforcement of civilian employee vaccination requirements based on EO 14043.  Requirements subject
to the injunction and not currently in effect are included in this guidance in a strikeout form for ease of
reinstitution by USD(P&R) should the injunction be lifted.
App. 092
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 94 of 104   PageID 7465

Current as of January 30, 2023
59
to electronic storage environments where this information is maintained.  In the event the
information is maintained in paper form, supervisors and other authorized DoD personnel must
ensure DoD civilian employee medical information remains confidential and is maintained
separately from other personnel files (e.g., stored in a separate, sealed envelope marked as
confidential DoD civilian employee medical information and maintained in locked file cabinets
or a secured room).  DoD Components are advised to refer to applicable internal guidance on the
handling, storage, and disposition of DoD civilian employee medical records, and to consult their
Component Privacy Officer as needed for further guidance.

Consistent with the Religious Freedom Restoration Act of 1993, 42 U.S.C. chapter 21B,
and Title VII of the Civil Rights Act, 42 U.S.C. chapter 21, subchapter VI, individuals seeking a
religious exemption from the vaccination requirement will submit to DoD supporting
information about their religious beliefs and practices in order for DoD to evaluate the exemption
request.  Information collected from individuals under this guidance supporting vaccine
exemption requests will be treated in accordance with applicable laws and policies on privacy,
including the Privacy Act of 1974 and DoDI 5400.11, “DoD Privacy and Civil Liberties
Programs,” the Rehabilitation Act of 1973, as amended (“Rehabilitation Act”), and 5 CFR part
293, subpart E.  While such information may be sensitive and is to be safeguarded, it is not
covered by the Health Insurance Portability and Accountability Act (HIPAA) and the associated
HIPAA Rules.

Information gathered under this guidance collected from DoD civilian employees related
to exemption requests may be shared with immediate supervisors, authorized human resources
officials, Decision Authorities, and, in appropriate cases, subject matter experts, who must access
the information to implement the exemption process.  DoD Components are advised to consult
their Component Privacy Officer and servicing legal office if there is a need to share medical or
religious information collected under this guidance with DoD personnel beyond what this
guidance permits or with individuals outside of DoD.  Religious information will be accessible
only to those persons who have a role in carrying out the exemption procedures outlined in
section 2 of this memorandum.

App. 093
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 95 of 104   PageID 7466

Current as of January 30, 2023
60
SECTION 9:  DEFINITIONS
Close contact.  Close contact is defined as someone who was within 6 feet of a person who
has contracted COVID-19 for a cumulative total of 15 minutes or more over a 24-hour
period starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior
to test specimen collection) until the time the patient is isolated and irrespective of whether
the person with COVID-19 or the contact of such a person was wearing a face covering or
mask or respiratory personal protective equipment.

Exposed.  Persons are considered to be exposed to COVID-19 if they were less than 6 feet
away from an infected person (laboratory-confirmed or a clinical diagnosis) for a total of
15 minutes or more over a 24-hour period, unless both parties were wearing masks or
respirators.  Individuals and supervisors may also assign the “exposed” classification below
the thresholds above based on the following additional criteria:

• Cough or heavy breathing:  Was the infected person coughing, singing, shouting, or
breathing heavily?  Activities like coughing, singing, shouting and breathing heavily
due to exertion increase the risk of transmission.
• Symptoms:  Did the infected person have symptoms at the time?  Being around
people who are symptomatic increases the risk of transmission.
• Ventilation and filtration: How well-ventilated was the space?  Risk of transmission
is increased in poorly ventilated vehicles or rooms.
• Physical Distance:  Crowded settings can raise the likelihood of being close to
someone with COVID-19.  Keep in mind that while maintaining a distance beyond 6
feet of an infected person will limit exposures from larger droplets, exposures can
occur beyond 50 feet based on ventilation, masking, and other factors.

Family member.  See the definition in 5 CFR § 630.201.

Fully vaccinated.

An individual is considered “fully vaccinated” when at least 2 weeks have elapsed after a
second dose of a two-dose COVID-19 vaccine series (e.g., PfizerBioNTech/Comirnaty, or
Moderna/Spikevax, or Novavax vaccines), or 2 weeks after receiving a single dose of a one-dose
COVID-19 vaccine (e.g., Johnson & Johnson’s Janssen vaccine) that are:  (1) fully licensed
(approved) or authorized or approved by the FDA; or (2) listed for emergency use on the
World Health Organization Emergency Use Listing (e.g., AstraZeneca/Oxford); or (3) approved
for use in a clinical vaccine trial for which vaccine efficacy has been independently
confirmed (e.g., Novavax).

An individual is “not fully vaccinated” if the individual either has not completed the full
COVID-19 vaccination primary dose series; or declines to provide his or her COVID-19
vaccination status and declines to provide any requested proof of that status.

Those with previous COVID-19 infection(s) or previous serology are not considered fully
vaccinated on that basis for the purpose of this guidance.
App. 094
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 96 of 104   PageID 7467

Current as of January 30, 2023
61
HPCON level.  A framework to inform an installation’s population of specific health protection
actions recommended in response to an identified health threat, stratified by the scope and
severity of the health threat.

Mask.  Acceptable high-quality masks are non-medical disposable masks; masks made with
layered breathable fabric (such as cotton); masks made with tightly woven fabric that does not
let light pass through when held up to a light source; masks with two or three layers; masks with
inner filter pockets, or, on a voluntary basis in non-medical settings, an N95-type filtering face
piece.  A good practice is to wear a disposable mask underneath a cloth mask for added
protection as long as this does not interfere with breathing. Novelty or non-protective masks,
masks with ventilation valves, bandanas, and face shields are not authorized as a substitute for
masks.  Masks must fit snugly around the nose and chin with no large gaps around the sides
of the face. Masks must be well fitting and worn correctly and consistently (around the
nose and chin).

Physically distance.  Maintain separation between individuals and prevent crowding in
areas.

United States.  The 50 States, U.S. commonwealths, U.S. territories, and the District of
Columbia.

Up-to-Date.  A person has received all recommended COVID-19 vaccines, including any
booster dose(s) recommended when eligible.  Booster doses are recommended, but are not
required.
App. 095
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 97 of 104   PageID 7468

Exhibit 7
App. 096
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 98 of 104   PageID 7469

App. 097
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 99 of 104   PageID 7470

App. 098
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 100 of 104   PageID 7471

App. 099
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 101 of 104   PageID 7472

App. 100
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 102 of 104   PageID 7473

Healy Declaration - Exhibit A
App. 101
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 103 of 104   PageID 7474

Pseudonym
Status
Religious Accomodation Request
Navy SEAL 21
Separated AD in Sep 22
appeal submitted but denied
Navy SEAL 24
Active duty
appeal submitted but denied
EOD 1
Active duty
appeal submitted but denied
Navy SEAL 16
Active duty
appeal submitted but denied
Navy SEAL 25
Active duty
appeal submitted but denied
Navy SEAL 6
Separated AD in Sep 22
appeal submitted but mooted
Navy SEAL 11
Retired AD in Sep 22
appeal submitted but mooted
Navy Diver 1
Retired AD in May 22
appeal submitted but mooted
Navy SEAL 17
Separated AD in Mar 22
appeal submitted but mooted
Navy SEAL 18
Retired AD in Nov 22
appeal submitted but mooted
Navy SEAL 7
Separated AD in Nov 22
appeal submitted but  mooted
Navy SEAL 4
Separated AD in Oct 22
appeal submitted but mooted
Navy SEAL 8
Active duty
appeal submitted but unadjudicated
SWCC 5
Active duty
appeal submitted but unadjudicated
Navy SEAL 20
Active duty
appeal submitted but unadjudicated
Navy SEAL 9
Active duty
appeal submitted but unadjudicated
Navy SEAL 2
Active duty
appeal submitted but unadjudicated
Navy Diver 2
Active duty
appeal submitted but unadjudicated
Navy SEAL 5
Active duty
appeal submitted but unadjudicated
Navy SEAL 15
Active duty
appeal submitted but unadjudicated
Navy SEAL 12
Reservist
appeal submitted but unadjudicated
SWCC 4
Active duty
appeal submitted but unadjudicated
Navy SEAL 3
Active duty
appeal submitted but unadjudicated
Navy SEAL 14
Active duty
appeal submitted but unadjudicated
Navy SEAL 26
Active duty
appeal submitted but unadjudicated
SWCC 3
Reservist
appeal submitted but unadjudicated
Navy SEAL 13
Active duty
appeal submitted but unadjudicated
Navy SEAL 1
Reservist
appeal submitted but unadjudicated
SWCC 1
Active duty
appeal submitted but unadjudicated
Navy Diver 3
Retired AD in Jan 22
original request denied
Navy SEAL 23
Active duty
original request denied
Navy SEAL 10
Reservist
original request denied
Navy SEAL 19
Separated AD Jan 23
original request denied
SWCC 2
Active duty
original request denied
Navy SEAL 22
Active duty
original request denied
App. 102
Case 4:21-cv-01236-O   Document 223   Filed 02/06/23    Page 104 of 104   PageID 7475

File and source

File
gov.uscourts.txnd.355696.223.0.pdf
Size
2,478,656 bytes
SHA-256
0a371b971775b343e1fb80641ea92b7137894a681b63ee26310bc2f1318cb8d4
Our copy
gov.uscourts.txnd.355696.223.0.pdf
Original
archive.org
Back to top