Air National Guardsman Being Denied Reenlistment for Refusing Flu Shot Cites Violation of Constitutional Rights
After 18 years of dedicated service, Arkansas Air National Guardsman Chris Babczak is being denied the opportunity to reenlist next month—solely because he stood firm in his decision to refuse the flu vaccine [emphasis mine].
It is important to highlight that this will happen two years before reaching retirement eligibility. Additionally, it should be noted that this is taking place under the current leadership. Moreover, as these individuals should be ready to acknowledge at this point, scientific evidence suggests that receiving an annual flu shot may actually heighten the risk of contracting influenza.
The Gateway Pundit spoke to Technical Sergeant Chris Babczak who shared that he was able to opt out of the COVID-19 vaccine, in 2022, due to his involvement in a class action lawsuit with fellow objectors. After researching the effectiveness and risks associated with the COVID-19 shot, the C-130 aircraft electrician also submitted a request for a religious accommodation regarding the flu vaccine. “Like COVID,” he said, “it was a rubber stamp denial.”
In the years to follow, Babczak has taken it upon himself to learn the law and know his rights, stating that “never again will I ask permission for any of my rights when government agencies, to include the military, never had constitutional authority to interfere with conscience beliefs or to make health decisions for people in the first place.”
He pointed to Article 2, section 24 of the Arkansas Constitution, which explicitly states, “No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience.”
He further contended that “offering religious accommodations converts a right into a privilege and gives a false presumption that government, or the military in my case, can make a person’s health decisions by requiring a vaccine, even when a person lawfully objects.”
For him, “A person’s right to health is an absolute right, the constitution secures the right to health against government compulsion of a vaccine.”
In October 2024, Babczak notified his commander that he could not be compelled to receive the flu shot, citing the Arkansas Constitution. This was outright disregarded, and in November 2024, he stated, “I was given unlawful orders to take a flu vaccine.”
He promptly requested to see the lawful basis for the order, but according to him, his commander declined to provide it.
“I was given one Letter of Reprimand and recommended for involuntary separation,” Babczak lamented. “I was also ordered I could not come to work on my one weekend a month and would be marked unexcused and without pay.”
He immediately sent his commander an affidavit via certified mail affirming these facts, which “unsurprisingly” went unchallenged.
In May 2025, Babczak submitted another affidavit to the same commander just weeks prior to his upcoming administrative separation board. In the document, he articulated the concept of constitutional due process of law.
“My liberty is being violated and there has been no due process of law to take it from me,” the Guardsman explained. Once more, he pointed out that there has been no response.
He expressed, “This was the same playbook used to get rid of thousands of military members over the COVID shots who were Christians, and/or had the moral fortitude to stand up against unlawful policies: Give them administrative paperwork and an administrative separation board, stack the cards against them, exit left stage.”
But according to him, administrative tribunals violate the 5th and 7th Amendments and judicial authority to take a right from someone.
Coincidentally, after his affidavit, the Pentagon amended its policy for flu shots for Guard/Reservists. With this new policy in place, Babczak said his separation board was canceled, and he was informed that he could return to his normal work schedule. However, he noted that he was not allowed to make up the last eight months of work or receive back pay for the weekends and days he was ordered not to attend.
As of January, Babczak said his new commander is denying his reenlistment on May 3 in the Arkansas Air National Guard, claiming the orders were lawful “at the time.” He appealed the decision and it was denied, compelling him to admit, “This very much seems like a vindictive act, as though things were decided behind closed doors to just ‘wait out the clock’ with my enlistment.”
While he is eager to continue serving the country, he is being stripped of the opportunity. Nonetheless, he emphasized that the one thing they cannot take away from him is his constitutional rights. “We are a common law nation, [and] all 50 states and federal constitutions were created by common law,” he explained. “The common law is based on biblical principles, and our constitutional rights come from God, not government. They were written in the constitutions to clarify to the government that they cannot touch them.”
“All people in government swore an oath and are bound to obey the Constitution, and to protect the rights of the people,” he noted.
“The notices and affidavits that I have done show people in government that what they swore an oath to is an authority no one in government can get away from.” Considering this, Babczak said,
“Due process of law is required before government can deprive anyone of life, liberty, or property, and that is not happening in the military with the vaccine mandates and a sham process for requesting religious accommodation.”
Babczak emphasized that his views are his own and do not reflect those of the Department of War or the Department of the Air Force.
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