Marine Corps Officer Granted Board of Inquiry Approval, Signaling Key Judicial Victory for Due Process

The future of an exemplary 12-year active duty Marine Corps officer hangs in the balance. In December 2022, he filed a request for a religious exemption from all vaccinations. For years, the Marine Corps has denied religious accommodations for vaccines. Will there be a shift?

On November 19, 1stLt Schuyler Skipper received notification that his determined fight for due process had succeeded, with the approval of a formal Board of Inquiry (BOI). This administrative decision mandates a full hearing, providing 1stLt Skipper a final opportunity to clear his name against actions widely seen as evidence of the Marine Corps’ internal tension with religious liberty.

The Gateway Pundit spoke to attorney Davis Younts, who now serves as 1stLt. Skipper’s legal counsel. He said, “The approval of the BOI is a major step toward justice.”

However, the retired Air Force Lieutenant Colonel and former Judge Advocate General (JAG) officer said, “1stLt Skipper was immediately placed under substantial pressure upon notification, being informed he has a rigorous 30-day window to prepare his comprehensive defense, even though the official hearing date remains unscheduled.”

His current administrative scrutiny is directly connected to his “history of challenging unconstitutional (emphasis mine) orders,” said Younts. “He has suffered two denials of promotion to Captain, resulting in a loss of tens of thousands of dollars in pay and benefits.”

The first denial occurred immediately following the COVID-19 mandate, and the second was issued over objections to subsequent required vaccines, specifically Tdap and Flu, tied to a new retention review process.

1stLt Skipper was a plaintiff in a landmark federal lawsuit, represented by Liberty Counsel, that challenged the Department of Defense’s COVID-19 shot mandate and the systematic denial of religious exemptions.

Considering the earlier litigation, Younts offered his opinion about the environment that created the targeting:

“The promotions being denied to Captain weren’t isolated incidents; they were part of an administrative environment where a service member’s faith became a liability,” explained Younts. “This is the systemic problem the federal court rightly identified.”

Younts further detailed the severity of the administrative pressure during the mandate period, saying, “The administrative pressure was unlike anything we had seen. 1stLt Skipper and another Lieutenant in his unit were the only Marines given just two days’ notice to separate from the service and leave—a measure that underscored the immediate, punitive action being sought against religious objectors.”

The contrast between 1stLt Skipper’s protected status and the nearly identical situation of the discharged Lieutenant was compelling evidence that led Judge Steven Merryday to take action, preventing further irreparable harm, according to the former Judge Advocate General (JAG) officer.

The Judge’s ruling granted a protective injunction that allowed 1stLt Skipper to stay in the Marine Corps and was integral to the subsequent federal ruling that granted class-wide protection.

“The outcome of this BOI will resonate far beyond one Marine’s career,” said Younts. “It’s a key step in reestablishing accountability within the Marine Corps by forcing administrative review and upholding the constitutional rights of service members.”

As Younts prepares to represent 1stLt Skipper, he said, “Our job at the Board of Inquiry is to demonstrate that the administrative actions taken against Lieutenant Skipper were unwarranted and motivated by discrimination. It’s a fight for the law, the Constitution, and his performance record to speak louder than any underlying bias.”

According to him, “The timeline is certainly aggressive, but our focus is clear. This fight is about much more than one career; it’s about defending the fundamental right of every service member to practice their faith without fear of retaliation. The Board of Inquiry is the next vital step in ensuring this decorated Marine receives the due process guaranteed to all Americans.”

The Family’s Sacrifice and the Cost of Principle

The cost of mounting a comprehensive BOI defense will place a substantial financial strain on 1stLt Skipper and his wife, Katie. This expense is compounded by the tens of thousands of dollars already lost from the two denied promotions to Captain.

The family is pursuing the BOI for the fundamental right to serve without retaliation. 1stLt Skipper’s wife, Katie, shared a statement with The Gateway Pundit on the decision to move forward:

“This fight has taken a large emotional and financial toll on our family, and the BOI process will only add to that burden,” said Ms. Skipper. “But we are pursuing this not just for his career, but for every young person who wishes to serve their country without retaliation for their religious convictions. The cost is high, but the principle is everything.”

By forcing this formal hearing, she said, “[1stLt Skipper] and his legal team have created an important opportunity to help a lot of people by setting a crucial precedent—that administrative separation cannot be weaponized against service members of faith who previously exercised their constitutional rights.”

For those following the officer’s story, this BOI is a defining moment for due process and religious freedom in the Marine Corps.

Readers can support 1stLt Skipper by visiting a GoFundMe page created by his wife.

Secretary of the Navy John Phelan, Under Secretary of the Navy Hung Cao, and the United States Marine Corps did not respond to requests for comment by the time of publication.

The questions shown below were posed by J.M. Phelps:

• Why are flu shot religious accommodation requests being denied as a matter of course post-COVID-19?
• What is the anticipated impact on mission readiness if an otherwise healthy Marine does not take a shot with documented negative efficacy?
• What is the percentage/number of medical exemptions that have been granted in 2021, 2022, 2023, 2024, and 2025?
• Have any individuals receiving a medical exemption to the flu shot been found to be non-deployable/unfit solely on the basis of not being current on a flu vaccine?

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