HOPING 4 JUSTICE
Precedent ruling: Sgt James Muhammad, honorable Discharge, Rank Restored, Medal Awarded! PDF below
Mission
Summary of Presidential Appeal:
1. Service members must accept immunizations that are properly approved, safe and effective.
2. Senior leaders must always ensure immunizations comply with government regulatory standards.
3. If the rules are not followed the bottom of the chain of command should not be punished.
4. Since this happened from 1998 to 2005 it is common sense and just to reverse the punishments.
Illegal anthrax vaccine:
The mission of this website is to respectfully request the President of the United States to correct the military records of all service members punished over the DoD's anthrax vaccine immunization program (AVIP) from 1998 to 2005 when the order was illegal. The facts supporting correction of military records include:
- The manufacturer was issued a Notice of Intent to Revoke (NOIR) its licensure in 1997 due to quality control deviations and was invalidated by the FDA in 1998 & 1999.
- Federal courts ruled the program illegal in 2003 because the vaccine's license was never finalized by the FDA.
- The courts found the vaccine program violated US law, 10 USC §1107, due to the immunization's use for inhalation anthrax, an unapproved, experimental purpose.
- In addition to the vaccine's illegal experimental use, the FDA did not approve the vaccine's license until 2005.
- Prior to licensing, over 1,000 service members received punishments ranging from felony convictions and dishonorable discharges to fines and reprimands for refusing to comply with the illegal vaccine mandate.
- A Congressional report, HR 106-556, titled "Unproven Force Protection," documented the problems in 2000.
- DoD memos to the Secretary of Defense recommended minimizing use of the vaccine following concerns by the White House in the mid-2001 time-frame.
- By 2010, the DoJ and FBI concluded the 2001 anthrax letter attacks were carried out by a US Army scientist whose motive was to save the "failing” anthrax vaccine program by creating a "scenario where people all of a sudden realize the need to have this vaccine."
- The totality of these circumstances support that the punishments meted out over the controversial anthrax vaccine should be expunged, since the facts and DoD documents challenge the order's "inference of lawfulness."
- From a historical lens, the FDA Emergency Use Authorization (EUA) mechanism of approval originated as a result of the anthrax vaccine controversy, and was first used for anthrax vaccine in 2005 before it was finally licensed by the FDA.
- Beyond the incontrovertible legal justifications, our nation's leaders should gratefully grant record corrections to our troops that paid the ultimate price of punishment for doing their duty in highlighting the improper licensure of the anthrax vaccine, which led to the creation, and first use, of EUA's.
Servicemembers can apply to Military Correction Boards for clemency due to errors, injustices and inequities related to anthrax vaccine
The Office of the Secretary of Defense recently published new Clemency guidance to the respective military correction boards. Correction Board archived info is available at the 'action button' immediately below. The Clemency guidance is also available below in the next section titled "Record Correction Documents." The downloadable DD Form 149 can be used to apply for record corrections in accordance with the provided Memorandum for Clemency.
Record correction documents
Apply for record corrections
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