Declaration of Air Force Nco

Summary

Exhibit B, Declaration of Air Force NCO, filed in Case No. 5:22-cv-00009-TES in the United States District Court for the Middle District of Georgia, Macon Division, where the plaintiffs are Air Force Officer, Air Force NCO, Air Force Special Agent and Air Force Engineer and the defendants include Lloyd J. Austin, III, as Secretary of Defense. The declarant states that the request for religious accommodation as to the COVID-19 vaccine mandate was denied after the Air Force's religious accommodation process, and states a belief that the Air Force failed to make an individualized assessment. The declarant states retirement from the Air Force in August 2023, earlier than necessary, because of sincere religious objections to other vaccines. The declaration was executed on August 16, 2024.

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Full text

EXHIBIT B

1

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

AIR FORCE OFFICER, AIR FORCE NCO,
)
AIR FORCE SPECIAL AGENT, and
)
AIR FORCE ENGINEER, on behalf of
)
themselves and all others similarly situated,
)

)
Case No. 5:22-cv-00009-TES

Plaintiffs,
)
v.

)

)
LLOYD J. AUSTIN, III, in his
)
official capacity as Secretary of Defense;
)
FRANK KENDALL, III, in his
)
official capacity as Secretary of the Air Force; and  )
ROBERT I. MILLER, in his
)
official capacity as Surgeon General of the
)
Air Force,

)

)

Defendants.
)

DECLARATION OF AIR FORCE NCO

Pursuant to 28 U.S.C. § 1746, I, Air Force NCO, under penalty of perjury declare as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
My request for religious accommodation as to the COVID-19 vaccine mandate was
subject to the Air Force’s religious accommodation process. In denying my request, I believe the
Air Force failed to make an individualized “to the person” assessment of my accommodation
request. I’m personally aware of many other religious objectors who believe they experienced the
same.
3.
I’m not aware of the Air Force changing what I believe was and is its practice of
failing to make an individualized “to the person” assessment of an accommodation request.
Case 5:22-cv-00009-TES     Document 135-1     Filed 08/16/24     Page 1 of 2

2

4.
Under these circumstances, I was hesitant to submit any other religious
accommodation requests and to be subject to the Air Force’s religious accommodation process
again.
5.
In August 2023, I retired from the Air Force.
6.
I could have retired later, but I chose to retire earlier, because I had sincere religious
objections to other vaccines (other than the COVID-19 vaccine) that I expected the Air Force would
order me to take in the near future, and I was concerned that the Air Force would subject me to the
same religious accommodation process that was in place for the COVID-19 vaccine mandate and
would again fail to make an individualized “to the person” assessment of my accommodation
request.
7.
Leading up to my early retirement, I explained my reasons for retiring early to my
chain of command.
8.
Early retirement was a sacrifice for me and my family. For example, after I retired,
I took a civilian job that required me to move over 1,000 miles away from where I was stationed in
the Air Force, and my family and I now live separated due to the scarcity of available affordable
housing.

I declare under penalty of perjury that the foregoing is true and correct. Executed on August
16, 2024.

/s/ Air Force NCO

Air Force NCO
Case 5:22-cv-00009-TES     Document 135-1     Filed 08/16/24     Page 2 of 2

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