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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALs 1-3, et al.,
Plaintiffs,
v.
LLOYD J. AUSTIN, III in his official capacity as
United States Secretary of Defense, et al.,
Defendants.
Case No. 4:21-cv-01236-O
DEFENDANTS’ NOTICE OF ADDITIONAL GUIDANCE REGARDING RESCISSION
OF DOD COVID-19 VACCINATION REQUIREMENT
Defendants file this notice to inform the Court that on February 24, 2023, the Department of
Defense and the Department of the Navy took additional actions to implement the rescission of the
DoD COVID-19 vaccination requirement.
On February 24, 2023, the Deputy Secretary of Defense issued a memorandum titled Guidance
for Implementing Rescission of August 24, 2021 and November 30, 2021 Coronavirus Disease 2019 Vaccination
Requirements for Members of the Armed Forces (attached as Ex. 1). Among other things, the DoD memo-
randum confirms that the rescission “rendered all DoD Component policies, directives, and guidance
implementing those vaccination mandates as no longer in effect as of January 10, 2023,” and directs
specific procedures for any future vaccination requirements.
On the same day, the Secretary of the Navy issued a memorandum titled Department of the Navy
Actions to Implement Coronavirus Disease 2019 Vaccine Rescission (attached as Ex. 2). Among other things,
it directs the Navy and Marine Corps to review records of current service members who sought an
exemption in order to remove adverse actions.
Dated: February 28, 2023
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Case 4:21-cv-01236-O Document 230 Filed 02/28/23 Page 1 of 2 PageID 7718
2
Civil Division
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Branch Director
Federal Programs Branch
/s/Amy E. Powell
ANDREW E. CARMICHAEL (VA Bar. No. 76578)
AMY E. POWELL
Senior Trial Counsel
STUART J. ROBINSON
Senior Counsel
ZACHARY A. AVALLONE
COURTNEY D. ENLOW
LIAM C. HOLLAND
CASSANDRA M. SNYDER
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (919) 856-4013
Fax: (202) 616-8470
Email: amy.powell@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 230 Filed 02/28/23 Page 2 of 2 PageID 7719