Court Filing, Doc. 180 — U.S. Navy Seals 1 26 v. Biden

Summary

In this letter, filed as Document 180 on 06/10/22 in Case 4:21-cv-01236-O, active duty Navy sailor Jan Micheal Caballero-Fernandez asks the judge for release by name from the class action injunction over the military vaccine mandate so that a separation from the Navy can go forward. The letter says the separation process began in January 2022 and had been cleared, but was stopped after the Navy issued NAVADMIN 102/22 following the injunction, while the family had already begun moving to Miami, FL. It says a request for religious accommodation first routed in September 2021 was lost twice, that the sailor rescinded it in March 2022 and again in April 2022, and that it came back denied in May 2022. The remaining pages are the Priority Mail Express envelope.

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Full text

Case 4:21-cv-01236-O Document 180 Filed 06/10/22 Page 1 of 4 PageID 5431
[illegible]
Dear Honorable O'Conner,
My name is Jan Micheal Caballero-Fernandez, I am an active duty sailor in the Navy. I am
seeking release from the military vaccine mandate class action injunction so may be seperated
from the Navy. I have been informed that the only way from me to continue the seperation
process is to be released by name from the class action injunction.
I began the separation process back in January 2022 however due to the injunction that
recently occured the Navy has release their latest instruction, NAVADMIN 102/22. With this
being the case I was forced to stop the seperation process after I had already been cleared for
separation. I was awaiting the appointment to meet with the JAG to sign my DD-214 form when
I was told I was no longer allowed to continue with the process. My wife ( who is pregnant and
due in August) and I had already began making preparations. We had begun to put our house
up for sale and moved a good amount of our belongings back to Miami, FL, including all of the
things we had bought for our upcoming baby. My wife is already back to living in Florida with
her parents since we expected to be back there before her due date. I was supposed to have
finished everything up in Connecticut, which is where I am currently stationed, and gone down
to Florida with her since our families live there. However, due to unforeseen circumstances this
is not the case and no new information has been given to us. I have exhausted all my available
resources (i.e Command Career Counselor, Defense Service office North BROFF Groton, First
Liberty Institute, Chain of Command) and have not received a satisfactory answer other than “I
don't know" or “just wait for further guidance" further delaying the separation process.
i. I requested to rescind my Religious Accomodation which finally came back in May 2022
as denied. This is due to the fact that I had originally routed the request in September
2021 and was only informed in March 2022 that it had been lost twice and sent again
for the third on February 2022. After hearing of this and having already been cleared to
separate and moving all my belongings I made my intentions known to separate and
rescinded the Religious Accomodation in March 2022 and again in April 2022 (I have
copies of all forms I submitted should you wish for a copy of all of the separation forms
and NAVADMIN forms I signed and routed).
ii. I was on temporary orders to SRS-32 awaiting the separation when NAVADMIN 102/22
was released and was ordered back to the USS San Juan along with my shipmate while
everyone who was also in SRS-32 were allowed to stay and pursue their options to
expedite the separation process. Out of around 20 unvaccinated person only PO Carrick
and I were ordered back to the boat to Qualify and stand duty instead of being allowed
to use our resources in the separation process.
Case 4:21-cv-01236-O Document 180 Filed 06/10/22 Page 2 of 4 PageID 5432
The amount of obstacles I have had to overcome being an unvaccinated personnel along with
the stress and impact this has had on my family and I has been monstrous. Trying to shoulder
all these burdens so that my wife does not become so anxious during her pregnancy has taken
its toll on me both physically and mentally. The Navy however will still not release my
separation paperwork.
All I ask for is, in writing, to be relased by name from the class action lawsuit so that i may show
the Navy and finally be allowed to finish my separation process and recieve my DD-214. Please
help my family move on and get this poorly handled and tedious process over with.
If there is anything else you may need/require from me for this to be possible please let me
know and I will expeditiously send it. Thank you in advance for your help and consideration.
Very Respectfully,
Jan M. Caballero-Fernandez
(305) 484-0200
Janmichaelcaballero@yahoo.com
[illegible] MMN3 CABALLERO, JAN M.
Case 4:21-cv-01236-O Document 180 Filed 06/10/22 Page 3 of 4 PageID 5433
PRESS FIRMLY TO SEAL
PRIORITY MAIL EXPRESS FLAT RATE ENVELOPE ONE RATE ANY WEIGHT
To schedule free Package Pickup, scan the QR code.
USPS.COM/PICKUP
PS10001000006 EP13F May 2020 OD: 12 1/2 x 9 1/2
FOR DOMESTIC AND INTERNATIONAL USE PLACE MAILING LABEL HERE
UNITED STATES POSTAL SERVICE PRIORITY MAIL EXPRESS
[illegible]
PEEL FROM THIS CORNER
Case 4:21-cv-01236-O Document 180 Filed 06/10/22 Page 4 of 4 PageID 5434
UNITED STATES POSTAL SERVICE PRIORITY MAIL EXPRESS
EMS
FLAT RATE ENVELOPE ONE RATE ANY WEIGHT
To schedule free Package Pickup, scan the QR code.
USPS.COM/PICKUP
VISIT US AT USPS.COM ORDER FREE SUPPLIES ONLINE
PS10001000006 EP13F May 2020 OD: 12 1/2 x 9 1/2
GUARANTEED TRACKED INSURED
For Domestic shipments, the maximum weight is 70 lbs. [illegible] weight is 20 lbs.


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