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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

SAN ANGELO DIVISION

ROBERT SCHELSKE, et al,

Plaintiffs,

v.

LLOYD J. AUSTIN, III, et al,

Defendants.

 Case No. 6:22-cv-00049-H

NOTICE OF SUBSEQUENT 

FACTUAL DEVELOPMENTS

NOTICE OF SUBSEQUENT FACTUAL DEVELOPMENTS

Plaintiffs, through Counsel, provide the following additional factual developments.

First, on February 28, 2023, top pentagon officials, including Undersecretary of Defense 

for Personnel and Readiness Gilbert Cisneros, and Under Secretary of the Army Gabe Camarillo, 

testified before a House panel, on topics which included the military’s vaccine mandate.

1 Those 

officials confirmed their conclusion that nothing in the NDAA prevents punishment from those 

who were given an order to vaccinate and did not comply, confirmed that the military was looking 

at taking adverse action against at least some who did not comply with the mandate (even though 

it was rescinded), and likewise confirmed that the military would not take any automatic corrective 

action for soldiers and other servicemembers who had been discharged. Id.

1 Troops who refused COVID vaccine still may face discipline | Federal News Network (last 

accessed 3/8/2023); 

Troops who refused COVID vaccines still could face punishment (militarytimes.com) (last 

accessed 3/8/2023)

Case 6:22-cv-00049-H Document 102 Filed 03/08/23 Page 1 of 3 PageID 2260
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Second, on March 6, 2023, Staff Sergeant (“SSG”) Samuel Galloway received the attached 

Permanent Change of Station (“PCS”) Orders Addendum in preparation for his move from Italy 

to Fort Bragg, North Carolina. See Exhibit 1 hereto (PCS Orders Addendum). In the Orders 

addendum memorandum, paragraph 6 states:

Eligible soldiers and family members must be available to receive a 

full covid-19 vaccination series from the same manufacturer within 

a 45-day window at the same duty location. If receiving a 2 dose 

series, personnel must have 45 days of time on station remaining to 

receive the first dose of the vaccine. Personnel with less than 45 days 

on time on station remaining may decline this vaccine to meet the 

established reporting window at the new duty location.

See Exhibit 1. It appears that Defendants are continuing to require the COVID-19 vaccination for 

PCS travel with no ability for SSG Galloway to request accommodation from this COVID-19 

vaccine requirement.

Dated: March 8, 2023

Respectfully submitted,

/s/ Aaron Siri

Aaron Siri (Admitted PHV)

Elizabeth A. Brehm (Admitted PHV)

Wendy Cox (TX Bar Number: 24080162)

SIRI | GLIMSTAD LLP

745 Fifth Avenue, Suite 500

New York, NY 10151

(212) 532-1091 (v)

(646) 417-5967 (f)

aaron@sirillp.com

ebrehm@sirillp.com

wcox@sirillp.com 

Christopher Wiest (Admitted PHV)

Chris Wiest, Atty at Law, PLLC 

25 Town Center Boulevard, Suite 104

Crestview Hills, KY 41017

(513) 257-1895 (c)

Case 6:22-cv-00049-H Document 102 Filed 03/08/23 Page 2 of 3 PageID 2261
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(859) 495-0803 (f)

chris@cwiestlaw.com 

Thomas Bruns (Admitted PHV)

Bruns, Connell, Vollmar & Armstrong, LLC

4555 Lake Forest Drive, Suite 330

Cincinnati, OH 45242

(513) 312-9890 (t)

tbruns@bcvalaw.com

John C. Sullivan

S|L LAW PLLC

Texas Bar Number: 24083920 

610 Uptown Boulevard, Suite 2000

Cedar Hill, Texas 75104

(469) 523–1351 (v)

(469) 613-0891 (f)

john.sullivan@the-sl-lawfirm.com

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

I certify that I have served a copy of the foregoing by CM/ECF, this 8th day of March

2023.

/s/ Christopher Wiest

Christopher Wiest

Case 6:22-cv-00049-H Document 102 Filed 03/08/23 Page 3 of 3 PageID 2262