R 222100Z OCT 21
MSGID/GENADMIN/CMC WASHINGTON DC PPO//
SUBJ/SUPPLEMENTAL GUIDANCE (2) TO MANDATORY COVID-19 VACCINATION OF MARINE CORPS ACTIVE AND RESERVE COMPONENTS//
REF A IS MARADMIN 462/21, MANDATORY COVID-19 VACCINATION OF MARINE CORPS ACTIVE AND RESERVE COMPONENTS. REF B IS MARADMIN 533/21, SUPPLEMENTAL GUIDANCE TO MANDATORY COVID-19 VACCINATION OF MARINE CORPS ACTIVE AND RESERVE COMPONENTS. REF C IS OSD MEMO, MANDATORY CORONAVIRUS DISEASE 2019 VACCINATION OF DEPARTMENT OF DEFENSE SERVICE MEMBERS. REF D IS MARINE CORPS ORDER 1610.7A, PERFORMANCE EVALUATION SYSTEM. REF E IS MARINE CORPS ORDER 1900.16, SEPARATION AND RETIREMENT MANUAL (MARCORSEPMAN). REF F IS MANUAL FOR COURTS-MARTIAL. REF G IS UNIFORM CODE OF MILITARY JUSTICE. REF H IS MARINE CORPS ORDER 1400.31C W/CH 1, MARINE CORPS PROMOTION MANUAL, VOLUME 1, OFFICER PROMOTIONS. REF I IS MARINE CORPS ORDER 1400.32D W/CH 2, MARINE CORPS PROMOTION MANUAL, VOLUME 2, ENLISTED PROMOTIONS. REF J IS MARINE CORPS ORDER 1730.9, ACCOMMODATION OF RELIGIOUS PRACTICES IN THE MARINE CORPS. REF K IS SECNAV INSTRUCTION 1920.6D ADMINISTRATIVE SEPARATION OF OFFICERS. REF L IS MCO 1001.62C INDIVIDUAL MOBILIZATION AUGMENTEES (IMA) PROGRAM. REF M IS MCO 1001R.1L CH1 MARINE CORPS RESERVE ADMINISTRATIVE MANAGEMENT MANUAL (MCRAMM)//
POC/MARINE CORPS COVID-19 CELL/PP&O/HQMC/TEL:(703) 604-5307/NIPR EMAIL: SMB_HQMC_MCCAT@USMC.MIL//
GENTEXT/REMARKS/1. Background and General Guidance. This guidance is a Headquarters Marine Corps coordinated update. It supplements ref (a) and ref (b).
2. In accordance with direction on COVID-19 vaccination from the Secretary of Defense and the Secretary of the Navy, a fully vaccinated force is a matter of operational readiness and good order and discipline. This MARADMIN provides procedural guidance and reporting requirements for administrative disposition of active duty Marines, and Ready Reserve Marines in an active duty status who are not fully vaccinated, in accordance with (IAW) ref (a) through (c) by 28 November 2021 for active component and 28 December 2021 for reserve component.
3.a. Marines refusing the COVID-19 vaccination, absent an approved administrative or medical exemption, religious accommodation, or pending appeal shall be processed for administrative separation IAW this MARADMIN and supporting references. General Court-Martial Convening Authorities (GCMCA) retain authority to take any additional adverse administrative or disciplinary action they deem appropriate.
3.b. Ref (a) is a lawful order that all Marines receive the Pfizer-BioNTech/COMIRNATY (or any EUA/WHO-approved) COVID-19 vaccine within prescribed timeframes to meet Service requirements. Commanders, Commanding Officers, Inspector-Instructors, and Officers-in-Charge are therefore responsible to ensure Marines complete vaccination. In most cases, Marines will be ordered to begin the vaccination process before the Service deadline. A Marine is considered to have “refused the vaccine” when they do not have an approved administrative or medical exemption, religious accommodation, or pending appeal per ref (a) and (b) and they (1) received and willfully disobeyed a lawful order from a superior commissioned officer to be vaccinated against COVID-19; or, (2) they are not or will not be fully vaccinated on the date(s) required by ref (a) and (b). A Marine is not considered to have “refused the vaccine” until final adjudication of any administrative or medical exemption, religious accommodation, or pending appeal per ref (a) and (b).
3.c. A Marine who has not been fully vaccinated is not considered worldwide deployable and shall be assigned or reassigned, locally, to billets which account for health risks to the unvaccinated Marine and those working in proximity to the Marine. Units with Marines who are stabilized for upcoming operational deployments and have “refused the vaccine” shall immediately contact Commandant of the Marine Corps (CMC) (MMIB) to address any staffing issues.
3.d. Commanders, Commanding Officers, Inspector-Instructors, or Officers In Charge, with the concurrence of the first General Officer in the chain of command, are authorized to temporarily reassign unvaccinated Marines based on operational readiness or mission requirements. Permanent change of station (PCS) or assignment (PCA) actions are not authorized for such temporary reassignments. Commands are encouraged to consult with their Command Surgeon or local cognizant public health authority to inform temporary reassignments.
3.e. Marines refusing the vaccine shall not reenlist or execute orders, with the exception of separation orders.
3.f. Promotion Delays. Commanders, Commanding Officers, Inspector-Instructors and Officers-in-Charge shall delay the promotion of any Marine having refused the vaccine IAW ref (h) and (i).
3.g. Marines who have refused the vaccine may not serve in a command assignment (e.g., Commanding Officers, Inspector-Instructors, Senior Enlisted Advisors, or Officers-in-Charge) without an approved administrative or medical exemption, religious accommodation, or pending appeal. Commanders will relieve for cause unvaccinated Marines without an approved administrative or medical exemption, religious accommodation, or pending appeal currently serving in command assignments. Unvaccinated Marines without a pending or approved exemption or accommodation request or appeal will not assume a command assignment.
3.h. Marines separated for vaccination refusal will not be eligible for involuntary separation pay and will be subject to recoupment of any unearned special or incentive pays and advance educational assistance. Marines who do not complete their service obligation for Transfer of Education Benefits will lose their eligibility to retain transferred Post-9/11 GI Bill benefits and may be subject to recoupment if the Veterans Affairs has already processed a payment for transferred benefits.
3.i. Marines who separate or commence terminal leave, and will no longer be physically present in the Department of Defense (DoD) workplace, on or before their lawfully ordered vaccination deadlines are administratively exempt from vaccine requirements. Marines who physically enter a DoD facility must comply with all other DoD vaccination and testing requirements as-applicable.
3.j. All medical exemptions will be re-evaluated within no more than 365 days from approval.
4.a. Administrative actions outlined in this MARADMIN should begin as soon as a Marine meets the definition of having “refused the vaccine in paragraph 3.a.
4.b. Officer Administrative Separation. In the case of an officer refusing the vaccine, the cognizant Commander or Commanding Officer shall refer the case to the first GCMCA in the chain of command. GCMCAs will promptly report all officers refusing the vaccine to CMC (JPL) via the Officer Disciplinary Notebook, and will initiate processing for administrative separation. All reports of officers refusing vaccination must be formally closed with a report of disposition in accordance with MCO 5800.16. The least favorable characterization of service authorized for an officer refusing the vaccine is “General (under honorable conditions),” unless inclusion of another basis for separation warrants characterization of the officer’s service as “other than honorable.”
4.c. Enlisted Administrative Separation. In the case of any enlisted Marines refusing the vaccine, the cognizant Commander or Commanding Officer shall notify the Marine that the Commander intends to recommend the GCMCA involuntarily administratively separate them. If the sole basis for separation is vaccine refusal, the least favorable characterization of service that may be approved is “General (under honorable conditions).”
4.d. Per ref (l) and (m), Reserve component (Active Reserve, Selected Marine Corps Reserve, and Individual Mobilization Augmentee) Marines refusing COVID-19 vaccination may be involuntarily transferred to the Individual Ready Reserve. Marines involuntarily transferred to the Individual Ready Reserve for refusing COVID-19 vaccination remain subject to the mandatory processing requirements in paragraphs 4.b. and 4.c.
5. Other Misconduct. The withholding of disposition authority in ref (a) does not extend to conduct other than refusing COVID-19 vaccination. Other misconduct may include misconduct related to vaccine refusal such as failing to wear a mask when required, falsifying vaccination records, or not complying with COVID-19 testing requirements. If in doubt, Commanders, Commanding Officers, Inspector-Instructors, and Officers-in-Charge should consult with their servicing Staff Judge Advocate in determining disposition authority.
6. The Senior Marine Representative at commands outside the Marine Corps (e.g., Navy, Joint, NATO) will identify Marines who refuse to be vaccinated and coordinate with the GCMCA exercising ADCON to appropriately address the refusal.
7. Documentation and Reporting
7.a. Retain all records, materials, and written communications, including emails, pertaining to vaccine refusals IAW SECNAV M-5210.1.
7.b. Provide the Marine Corps COVID-19 Cell by-name rosters of all Marines pending legal/administrative action for refusal to comply with 462/21 no later than 30 November 2021 for active component and 29 December 2021 for Reserve component.
8. Separation Processing
8.a. Servicing personnel administrative center or reporting unit shall document Marines refusing the vaccine under Training Event Code XR: COVID VACCINE REFUSAL via unit diary, using the Page 11 or 6105 as the source documentation for reporting Training Event Code XR. Upon discharge for refusal of the COVID-19 vaccine, the servicing personnel administrative center or reporting unit will document Training Event Code XD: COVID VACCINE REFUSAL DISCHARGE prior to the drop entries being reported/posting to the Marine Corps Total Force System.
8.b. Enlisted Marines separated from active duty on the sole basis of failure to comply with MARADMIN 462/21 will receive a reentry code of “RE-4” per ref (e).
9. Command and Signal.
9.a. Command. This MARADMIN applies to the Total Force.
9.b. Signal. This MARADMIN is effective upon release. Ensure widest dissemination.
10. This message is approved for release by Lieutenant General D. J. Furness Deputy Commandant, Plans, Policies, and Operations.//