Former Army Medical Officer Files Complaint Against Superior Alleging Unlawful Retaliation Over Vaccine Mandate Protest

A soldier watches another soldier receive his COVID-19 vaccination from Army Preventative Medical Services in Fort Knox, Ky., on Sept. 9, 2021. Jon Cherry/Getty Images

A former Army medical officer and whistleblower has lodged a complaint against his commanding officer, alleging that he was unlawfully retaliated against for charging that the Pentagon’s COVID-19 vaccine mandate was unlawful.

As a First Lieutenant in the Army, Mark Charles Bashaw, was booted from the military in June, five months after the vaccine mandate was rescinded. Mr. Bashaw claims he was removed from the Army in retaliation for properly performing his duties as a medical officer and warning his chain of command of the potential harms of the COVID-19 vaccine.

According to an affidavit described as a “criminal complaint” dated Nov. 20 and obtained by The Epoch Times, Mr. Bashaw alleges his commanding officer violated Article 132 of the Uniform Code of Military Justice (UCMJ) which bars service members from retaliating against someone for reporting a criminal offense or making a “protected communication,” such as a protected whistleblower disclosure.

“Through my research and knowledge of the Uniform Code of Military Justice, any person, according to the Manual for Courts-Martial, may report an offense subject to trial by court-martial,” Mr. Bashaw told The Epoch Times.

Mr. Bashaw contends that because he adamantly refused to support and take part in COVID-19 masking, testing, and injections at the Defense Centers Public Health-Aberdeen, formerly called the Army Public Health Center, he was “retaliated against and discharged over the unlawful enforcement of these things.”

Mr. Bashaw sent his affidavit to his former commanding general, Maj. Gen. (MG) Robert L. Edmonson II and his superior, Gen. Charles R. Hamilton. Both have confirmed receipt.

Maj. Gen. Edmonson is the Senior Mission Commander for the Army Medical Logistics Command, which is a subordinate command of the Army Communications-Electronics command. Army Medical Logistics Command is the executive agency for all “bio-defense vaccines,” including the COVID-19 vaccine.

U.S. Army Communications-Electronics Command, as well as Army Materiel Command, are aware of Mr. Bashaw’s allegations. Each department told The Epoch Times, “As a matter of policy, we do not discuss ongoing personnel matters. We do take all allegations seriously and will review the complaint.”

Transparency and Accountability Desired

Mr. Bashaw seeks an investigation and/or UCMJ charges against his former command authority, Maj. Gen. Edmondson. He alleges that his commanding officer retaliated against him for 523 days after receiving protected whistleblower communications alleging violations of regulation, federal law, and substantial dangers to public health and safety associated with the COVID-19 shots.

“After I submitted the protected communication to his office, [Maj. Gen. Edmonson] knowingly confirmed its receipt and proceeded to court martial me,” Mr. Bashaw said.

“He then signed off on my elimination and a general discharge with unacceptable conduct after 17 and a half years of honorable service.” Mr. Bashaw alleges that this was a violation of Article 132, which involves “retaliation against a protected communicator,”

Mr. Bashaw previously made another formal Article 138 complaint against his commanding officer, alleging violations of Army regulations, UCMJ, and the Constitution, but this was ignored, he said.

The former officer’s recent complaint also alleges a violation of Article 92, which is failure to obey a lawful order or regulation.

“As the commanding general, it was Maj. Gen. Edmonson’s duty to ensure that there were FDA-approved COVID-19 vaccines at his local clinic on his installation, but he failed to do so, because they did not exist,” he said.

At the time, Mr. Bashaw came forward as a whistleblower and publicly revealed that the military was not providing COVID-19 vaccines labeled as having full FDA approval and licensure to its service members, and was instead distributing vaccines labeled as issued under Emergency Use Authorization. A Pentagon policy had allowed vaccines labeled as issued under Emergency Use Authorization as being fit for use under the vaccine mandate. However, Mr. Bashaws and others had contended the policy was illegal because the mandate stated that it applied to “COVID-19 vaccines that receive full licensure from the Food and Drug Administration (FDA), in accordance with FDA-approved labeling and guidance.”

Mr. Bashaw contended that Gen. Hamilton needs to “assign responsibility and accountability” to his subordinate commander, Maj. Gen. Edmonson, for his alleged violations. “At the very least, there needs to be a transparent investigation upon the allegations I’ve made,” he said.