You’re not understanding. They are ruled out. I explained how above. If all someone does is refuse the vax, and there is no other misconduct, there is zero legal avenue for them to go to njp or cm. There is no other ‘interpretation’. Those are the legal facts. Stop trying to create something that isn’t there.
Don't think I'm the one misunderstanding, man. VCNO retains the authority for NJP/CM. That means the message made NO CHANGE to the policy regarding punitive action. It only gave guidance for
administrative action... ie ADSEP guidance. VCNO retains the same authority that he had already taken from CO's, which means tomorrow he could delegate that authority to whomever he chooses or execute it himself. That is your "legal avenue for them to go to NJP or CM." And this message only covers Navy... we still have the vast majority of the armed forces that it doesn't apply to.
Do you really think there a distinction there? I don’t.
Holy shit. This is ludicrous. If there's no distinciton, then why's there a difference in the oaths? You would have failed my NROTC ethics and morals class.
Really? Then give me plenty of examples where that would be the case.
How about an order telling a sailor he cannot put a Biden bumper sticker on his car for no good reason (violates first ammendment)? Or an order banning worship on base because the base CO is atheist? See, lots of examples. You'd have a duty not to enforce any of these if you were in a position to, because while lawful, they violate the constitution, and your oath is to the constitution. Pick any constitutional right and make an order taking away that right without a military necessity, and the supreme court has ruled that that is unconstitutional. There's plenty of case law surrounding this.
You still don’t get it. This isn’t an option.
It is an option. You pointed out examples where it has happened. One just has to be ready to face the music! General Mattis is a perfect example of this. Mattis received a lawful order from Trump, and Mattis told Trump directly, "You’re going to have to get the next secretary of defense to lose to ISIS. I’m not going to do it.” How in the world you don't see this is just baffling, but I'm done repeating myself on it. Are you really telling me that there is absolutely no lawful order you could receive that you would not refuse, knowing and accepting that you are at a minimum resigning your commission?
I saw the data, at least for the NAE. Thus far, the number of vaccine refusers is 51, or roughly .018%, so saying that there are thousands might be slightly off.
Check out the numbers for the other branches:
https://www.washingtonpost.com/national-security/2021/10/10/military-vaccine-mandate/