UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

SAN ANGELO DIVISION 

ROBERT SCHELSKE, et al., 

 Plaintiffs, 

 v. 

LLOYD J. AUSTIN, III, 

United States Secretary of Defense, et al., 

 Defendants. 

No. 6:22-cv-0049-H 

SUPPLEMENTAL APPENDIX TO DEFENDANTS’ 

MOTION TO DISMISS THE AMENDED COMPLAINT 

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Dated: April 7, 2023 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

ALEXANDER K. HAAS 

Branch Director 

ANTHONY J. COPPOLINO 

Deputy Branch Director 

 /s/ Johnny Walker 

KERI BERMAN 

JOHNNY H. WALKER (D.C. Bar #991325) 

Trial Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street NW, Rm. 12304 

Washington, D.C. 20530 

Tel.: (202) 514-3183 / Fax: (202) 616-8460 

Email: johnny.h.walker@usdoj.gov 

Counsel for Defendants

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1 

SECOND DECLARATION OF MICHAEL C. SUAREZ 

I, Michael C. Suarez, hereby state and declare as follows: 

1. I am currently employed by the U.S. Army as the Chief, Officer Promotions-Special 

Actions / The Adjutant General Directorate for the Army’s Human Resources Command, located 

in Fort Knox, Kentucky. I have held this position since June 2021. As part of my official duties, I 

manage and maintain oversight of all delay of promotion actions which include processing 

Promotion Review Boards, Special Selection Review Boards and Command Review Boards, and 

preparing these actions for DA Secretariat boards. In this capacity, I have access to information 

regarding Army personnel records and databases and can see whether a flag has been imposed on 

a particular service member. 

2. This declaration is based on my personal knowledge, as well as knowledge made available 

to me during the routine execution of my official duties. 

3. I have reviewed the Amended Complaint in the matter of Robert Schelske, et al. v. Lloyd 

J. Austin, III, et al., Case No. 6:22-cv-00049-H, which I understand is currently pending in the 

Western District of Texas. Based on my review of that Amended Complaint, I understand that the 

matter involves First Lieutenant Huntley Bakich, Staff Sergeant Joshua Costroff, Staff Sergeant 

Samuel Galloway, Staff Sergeant Robert Shelske, Staff Sergeant Peter Testa, Cadet Zakai Bufkin, 

Cadet Samuel L. Conklin, Cadet Dominic O. Mell, Cadet Collin M. Morrison, and Cadet Nicholas 

Saballa. Based on my review of Army records and databases, as well as a review of records from 

a United States Military Academy (USMA) database, I know that none of these Soldiers or cadets 

are currently flagged, with the exception of Staff Sergeant Galloway, who is flagged for exceeding 

the Army Body Composition Program standards as outlined in Army Regulation 600–9, “The 

Army Body Composition Program,” and Cadet Mell, who is flagged for academic deficiency. 

While our databases do not reflect the status of USMA cadets, my knowledge of personnel 

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2 

restrictions for these cadets is informed by database records provided by USMA. Those records 

are attached as Exhibit A to this declaration. 

4. I have also reviewed communications from Army personnel at Fort Huachuca, Fort Bliss, 

and with the 173rd Airborne Brigade. Based on my review of those communications, I know that 

First Lieutenant Huntley Bakich, Staff Sergeant Joshua Costroff, Staff Sergeant Samuel Galloway, 

Staff Sergeant Robert Shelske, and Staff Sergeant Peter Testa never received a General Officer 

Memorandum of Reprimand (GOMOR) due to their Covid-19 vaccination status. With respect to 

the cadets, I have reviewed memoranda provided by USMA confirming that previously issued 

GOMORs have been rescinded or withdrawn. Those records are attached as Exhibit B to this 

declaration. 

*************************** 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and 

correct. 

Executed on April 6, 2023, in Fort Knox, Kentucky 

 Michael C. Suarez 

 Chief, Officer Promotions-Special Actions 

 Human Resources Command 

 United States Army 

 Fort Knox, Kentucky 

SUAREZ.MICHA

EL.CHRISTOPHE

R.1024522640

Digitally signed by 

SUAREZ.MICHAEL.CHRIST

OPHER.1024522640 

Date: 2023.04.06 17:29:18 

-04'00'

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Exhibit A 

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Exhibit B 

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OFFICE OF THE COMMANDANT 

UNITED STATES MILITARY ACADEMY 

WEST POINT, NEW YORK 10996-5000 

MACC MAR 3 1 2023 

MEMORANDUM FOR Commander, Army Human Resources Command, Army Soldier 

Records Branch (AHRC-PDR-R), 1600 Spearhead Division Avenue, Department 420, 

Fort Knox, Kentucky 40121-5402 

SUBJECT: Filing Determination on Letter of Reprimand 

1. I have carefully considered the enclosed reprimand of Cadet Zakai J. Bufkin, XXXXX-5018, Hotel Company, 3rd Regiment, United States Corps of Cadets, the 

circumstances of the misconduct, and all matters submitted by the Soldier in defense, 

extenuation, or mitigation along with the recommendation of the subordinate 

commanders. 

2. I direct that this reprimand be: 

rl ll Withdrawn and destroyed. 

[01 Placed temporarily in the Soldier's local unit file with all enclosures. The 

reprimand will remain in this file for 18 months or until the Soldier is assigned to another 

general court-martial jurisdiction, whichever is sooner. 

[0] Placed permanently in the Soldier's Army Military Human Resource Record 

(AMHRR). All enclosures will be forwarded with the reprimand for filing as appropriate. 

Encl 

CF: 

CDT Zakai Bufkin (w/ encls) 

Unit Chain of Command (w/o encls) 

QUANDER.MARK. O~lt•I~ s;gned by 

CHRISTOPHER.10 ~~~~:,~:RKCHRISTOPHE 

19048736 Date: 2023.03.30 19:35:12 •04'00' 

MARK C. QUANDER 

BG, U.S. Army 

Commandant of Cadets 

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OFFICE OF THE COMMANDANT 

UNITED STATES MILITARY ACADEMY 

WEST POINT, NEW YORK 10996~5000 

MACC MAR 3 1 2fl23 

MEMORANDUM FOR Commander, Army Human Resources Command, Army Soldier 

Records Branch (AHRC-PDR-R), 1600 Spearhead Division Avenue, Department 420, 

Fort Knox, Kentucky 40121-5402 

SUBJECT: Filing Determination on Letter of Reprimand 

1. I have carefully considered the enclosed reprimand of Cadet Samuel L. Conklin, 

XXX-XX-7525, Foxtrot Company, 2nd Regiment, United States Corps of Cadets, the 

circumstances of the misconduct, and all matters submitted by the Soldier in defense, 

extenuation, or mitigation along with the recommendation of the subordinate 

commanders. 

2. I direct that this reprimand be: 

[1 11 Withdrawn and destroyed. 

[01 Placed temporarily in the Soldier's local unit file with all enclosures. The 

reprimand will remain in this file for 18 months or until the Soldier is assigned to another 

general court-martial jurisdiction, whichever is sooner. 

[01 Placed permanently in the Soldier's Army Military Human.Resource Record 

(AMHRR). All enclosures will be forwarded with the reprimand for filing as appropriate. 

Encl 

CF: 

CDT Samuel Conklin (w/ encls) 

Unit Chain of Command (w/o encls) 

QUANDER.MARK. Digitallysign,d by 

CHRISTOPHER.10 ~~~~:=;~:,""-CHRISTOPHE 

19048736 Daloc 2023.03.30 19:35:42 .Q41l0" 

MARK C. QUANDER 

BG, U.S. Army 

Commandant of Cadets 

A127

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OFFICE OF THE COMMANDANT

UNITED STATES MILITARY ACADEMY

WEST POINT, NEW YORK 10996-5000

MACC 28 March 2023 

MEMORANDUM FOR Commander, Army Human Resources Command, Army Soldier 

Records Branch (AHRC-PDR-R), 1600 Spearhead Division Avenue, Department 420, 

Fort Knox, Kentucky 40121-5402

SUBJECT: Filing Determination on Letter of Reprimand Revocation, CDT Dominic Mell

1. On 25 August 2022, I directed that the Letter of Reprimand of Cadet Dominic Mell, 

XXX-XX-1572, dated 12 August 2022, be placed permanently in the Cadet’s Army 

Military Human Resource Record (AHMRR), due to the Cadet’s refusal to receive the 

COVID-19 vaccine.

2. In accordance with the Secretary of the Army’s guidance, published in her 24 

February 2023 memorandum, I hereby revoke my decision to file the GOMOR 

permanently and rescind the GOMOR entirely.

ENCL MARK C. QUANDER

Memorandum, SA, 24 Feb 23 Brigadier General, U.S. Army

Commandant of Cadets

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OFFICE OF THE COMMANDANT 

UNITED ST ATES MILITARY ACADEMY 

WEST POINT, NEW YORK 10996-5000 

MACC MAR 3 1 2023 

MEMORANDUM FOR Commander, Army Human Resources Command, Army Soldier 

Records Branch (AHRC-PDR-R), 1600 Spearhead Division Avenue, Department 420, 

Fort Knox, Kentucky 40121-5402 

SUBJECT: Filing Determination on Letter of Reprimand 

1. I have carefully considered the enclosed reprimand of Cadet Collin M. Morrison, 

XXX-XX-7276, Echo Company, 1st Regiment, United States Corps of Cadets, the 

circumstances of the misconduct, and all matters submitted by the Soldier in defense, 

extenuation, or mitigation along with the recommendation of the subordinate 

commanders. 

2. I direct that this reprimand be: 

ll l1 Withdrawn and destroyed. 

rOJ Placed temporarily in the Soldier's local unit file with all enclosures. The 

reprimand will remain in this file for 18 months or until the Soldier is assigned to another 

general court-martial jurisdiction, whichever is sooner. 

[n] Placed permanently in the Soldier's Army Military Human Resource Record 

(AMR'RR). All enclosures will be forwarded with the reprimand for filing as appropriate. 

Encl 

CF: 

CDT Collin Morrison (w/ encls) 

Unit Chain of Command (w/o encls) 

QUANDER.MARK. Digitallysignedby 

CHRISTOPHER.10 ~~~;':~;~:RK CHRISTOPHE 

19048736 Da te: 2023.03 .30 19:36:05 -04-00-

MARK C. QUANDER 

BG, U.S. Army 

Commandant of Cadets 

A129

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OFFICE OF THE COMMANDANT 

UNITED STATES MILITARY ACADEMY 

WEST POINT, NEW YORK 10996-5000 

MACC 

MAR 3 1 2023 

MEMORANDUM FOR Commander, Army Human Resources Command, Army Soldier 

Records Branch (AHRC-PDR-R), 1600 Spearhead Division Avenue, Department 420, 

Fort Knox, Kentucky 40121-5402 

SUBJECT: Filing Determination on Letter of Reprimand 

1. I have carefully considered the enclosed reprimand of Cadet Nicholas K. Saballa, 

XXX-XX-7799, Foxtrot Company, 2nd Regiment, United States Corps of Cadets, the 

circumstances of the misconduct, and all matters submitted by the Soldier in defense, 

extenuation, or mitigation along with the recommendation of the subordinate 

commanders. 

2. I direct that this reprimand be: 

ll IJ Withdrawn and destroyed. 

[01 Pla~ed te~p~raril_y in the Soldier's local uni~ file with ~II e_nclos~res. The 

reprimand will remain in this file for 18 months or until the Soldier Is assigned to another 

general 9ourt-martial jurisdiction, whichever is sooner. 

[01 Placed permanently in the Soldier's Army Military Human Resource Record 

(AMHRR). All enclosures will be forwarded with the reprimand for filing as appropriate. 

Encl 

CF: 

CDT Nicholas Saballa (w/ encls) 

Unit Chain of Command (w/o encls) 

QUANDER.MARK. D~lt•l~s;gnedby 

CHRISTOPHER.10 ~~~:o'!::;~:RKCHRISTDPHE 

19048736 Da:e: 2023.03.30 19:36:46 •041>0' 

MARK C. QUANDER 

BG, U.S. Army 

Commandant of Cadets 

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