Four years later, then-Secretary of Defense Lloyd Austin’s COVID-19 shot mandate still stirs emotions from all those affected. While there are now avenues for some service members to be reinstated, few have expressed interest when compared to the tens of thousands no longer serving.
After examining the COVID-19 reinstatement process for service members affected by the now-rescinded shot mandate, Stuart Scheller took to social media to share his observations. Scheller currently serves as Senior Adviser to the Office of the Under Secretary of Defense for Personnel and Readiness.
This week I examined the COVID-19 reinstatement process. Here’s what I learned.
First, people need to understand the difference between involuntary and voluntary separation. If a service member refused the shot and was forced out via administrative separation it was involuntary.…
— Stuart Scheller (@stuartscheller) July 26, 2025
In the July 26 post, one of the comments Scheller wrote has been an ongoing topic of concern…and debate. He said:
…many who exited the service because of poor treatment over the shot refusal want retribution. I get tagged every day with posts questioning when commanders at every level of the military will be thrown in jail for “illegally enforcing the COVID vaccine.” That’s not going to happen. Time to move forward.
On July 28, J.M. Phelps reached out to Scheller, offering him the opportunity to clarify his comments. A public statement has not been returned.
Moments ago, I sent a letter directly to Mr. Stuart Scheller. Regarding some of his recent public statements, I am merely seeking clarification for the hundreds of service members I know personally who were adversely affected by the COVID-19 shot mandate. https://t.co/XGXNehuPRV pic.twitter.com/TlRseIlxhr
— J.M. Phelps (@JMPhelpsLC) July 28, 2025
Several current and former service members were also taken aback, having strongly advocated for the past few years that many senior military leaders be held accountable for forcing the shot. Dr. Chase Spears, a retired U.S. Army public affairs officer, writer, and host of the Finding Your Spine podcast, was one of those who pushed back.
I appreciate Stu’s work and transparency.
That said, without accountability, I remain unable to recommend military service to young people who ask.
Why? Because the machine will outlive people like Stu, Hegseth, et al. If they allow lawbreaking commanders to remain, those same… https://t.co/HrK6MeVzpq pic.twitter.com/gKXrxYpHRo
— Chase Spears (@DrChaseSpears) July 26, 2025
Dr. Spears’ post resonated with many who agreed. And after several exchanges of opinion on the topic, Timothy Parlatore, the founder and managing partner of Parlatore Law Group, chimed in. One of his posts initiated a debate about the relationship between military commanders and military lawyers, as it relates to the previous enforcement of the COVID-19 shot mandate.
While I understand your anger, legally it’s more complex. Whether an order was a lawful order or not, GOFOs have to rely on the TJAGs advice. If, as here, the TJAGs told them it was lawful, the GOFOs don’t have a choice. Their reliance on that legal advice would result in…
— Timothy Parlatore (@timparlatore) July 28, 2025
Air Force Col. (Ret.) Rob Maness took a strong objection to Attorney Timothy Parlatore’s defense of commanders, expressing in an opinion piece Commanders Must Face Accountability for the Unlawful Vaccine Mandate.”
Maness, a former bomber squadron commander, host of the Rob Maness Show, and signer of the Declaration of Military Accountability, spoke to The Gateway Pundit. “When I saw Mr. Parlatore’s comment about the legal advice being required to be followed by commanders, I couldn’t believe it,” he said. “That’s not even close to the truth and is the opposite of what most commanders should believe and is the opposite of what the reality is.”
“Commanders decide, lawyers advise,” he shared, saying “that’s the reality we’re taught as commanders.”
For this reason, he wonders why generals and admirals did not question the misguided advice provided by Judge Advocates General (JAG) to force the COVID-19 shot on service members.
The mandate was “unlawful as implemented,” and, according to Maness, “seeking accountability for its unlawful enforcement is what service members—past and present—want first and foremost.” And for him, those who violated the right of service members must be “held accountable in a meaningful way.”
A lack of accountability is “very disappointing on a professional level,” Maness admitted. “On a personal level,” he said, “it’s maddening to see a profession that most American people view as the most honorable and ethical profession in the country ignoring the illegality of the mandate at no cost to those who enforced it.”
“It’s not like RFRA (Religious Freedom Restoration Act) was created out of whole cloth,” he said.
It’s interesting to note that religious accommodation requests were blanketly denied across the board.
“I’m not one of those calling for people to go to jail, but I have called for a few individuals in the [senior] ranks to be looked at very closely for a court-martial process, because they clearly violated the rights of service members” he admitted.
“Because accountability doesn’t mean we send everybody to jail, I also advocate for grade determination,” Maness shared. Grade determination involves the process of determining the highest rank, or grade, at which a service member served satisfactorily, which affects retirement pay and benefits.
Brad Miller, a former U.S. Army lieutenant colonel and outspoken supporter and signer of the Declaration of Military Accountability, agreed with Maness.
On X, he posted:
“The relationship between military commanders & legal advisors is clear. Commanders command. Poor legal advice doesn’t absolve commanders of their command duties & responsibilities,” while also offering a 48-minute video to express his thoughts.
The relationship between military commanders & legal advisors is clear. Commanders command. Poor legal advice doesn’t absolve commanders of their command duties & responsibilities. I share a few thoughts in the video below. https://t.co/fFgFCjjq9F
— Brad Miller (@BradMiller1010) August 2, 2025
In October 2021, Miller was relieved of his battalion command within the 101st Airborne Division for refusing the COVID-19 shot. Offering his insight to The Gateway Pundit, he agreed with Maness, saying, “There is a well-established command maxim in the military that authority can be delegated whereas responsibility cannot be.” He explained, “That means that a commander can delegate authority over certain mission requirements, but the commander still retains the overall responsibility for the accomplishment of those requirements.”
“There is an intricate relationship between responsibility and accountability. Because commanders are responsible for what their units achieve or fail to achieve, they must be held to account for both successes and failures,” Miller added.
“By absolving commanders of accountability, Parlatore is also diminishing command responsibility.” And according to Miller, “This not only weakens the role of the commander but also violates the principle that responsibility cannot be delegated.”
“JAGs are highly educated and specially credentialed, and their legal advice is crucial, but their role remains that of an advisor,” Miller shared. “Ultimate responsibility for command decisions—including the lawfulness of their orders—remains with the commanders.” After all, “Commanders decide, lawyers advise.”
Why should all this be a priority for the Defense Department? There are many reasons to consider holding those who violated the law to account, because the problems extend far beyond the COVID-19 era with no end in sight.
“If we don’t address the accountability piece now, then future enforcement and overreach is going to continue and will get worse, and it’s already starting to happen right before our eyes,” Maness shared. “From what I can tell, religious accommodation requests for the flu shot are being denied similar to the COVID rates.”
“I left the Air Force in December 2011, a commander in three different positions, and never once punished anyone for not taking a flu shot,” Maness shared. “So why are we doing it now, ignoring religious accommodation requests and medical exemption requests?”
“If we don’t put some accountability in this process for trampling on the rights of service members,” he said, “we’re going to continue to see the freedoms of service members crushed, they’ll continue to be purged from the military, and our readiness will be further destroyed.”
The post Service Members Continue to Demand Accountability, Say Tyrannical Enforcement of COVID-19 Military Shot Mandate Falls on Shoulders of Senior Military Leadership, Not on Backs of Lawyers Giving Poor Advice appeared first on The Gateway Pundit.