21 Feb 00
MEMORANDUM FOR BRIGADIER GENERAL STARBUCK
FROM: Major Sonnie G. Bates
Subject: Response to Article 15 Proceedings
1. Brigadier General Starbuck, I would like to thank you for the opportunity to speak with you this afternoon. I am sure you are aware of the history of my case. I want to thank you and Major General Hopper for agreeing to allow me to address and, I hope, resolve this matter in this forum, talking with you directly, rather than by way of a court martial.
2. It saddens me though that I must communicate to you under these circumstances. The Air Force has been my way of life for over 13 years and I take great pride in serving my country. As such, it just doesn’t seem right to have to sacrifice my career to point out a safety issue.
3. I believe the anthrax vaccine is unsafe. It is linked to a large number of illnesses among people in my unit. Within a few weeks after I reported for duty I became aware that approximately 5% of my squadron were suffering from unusual illnesses that resembled those described as Gulf War Illness. They all had two things in common; they all had the anthrax vaccine and were healthy before receiving the vaccine. These people were suffering from symptoms such as severe skin rashes, chronic bone and joint pain, autoimmune disorders, thyroid damage, seizures, memory loss, neurological problems, chronic fatigue, vertigo, and internal and external lesions. I had never seen illness of this like and magnitude before and neither had my peers and those senior to me. To date there has been no medical explanation for the widespread illnesses listed in the attachment.
4. I researched the vaccine extensively by interviewing doctors, veterinarians and people that were ill. I studied government documents from the FDA, GAO, CDC, Congress, and the Senate. I have not relied on information from Internet quackery. Although the Anthrax Vaccine Implementation Program (AVIP) is a force protection tool, it is flawed. After several months of research I have discovered the following:
5. The GAO found the manufacturer of the anthrax vaccine had not been inspected by the FDA for 23 years, or until 1993. Since then, the manufacturer has not passed an FDA inspection. Also, the Department of Defense showed systemic adverse reaction rates in an active survey to be 48% at Tripler Army Medical Center and 43% in the "Pitman Study." In contrast, Bioport claims the systemic adverse reaction rate to be .2%. All this combined convinced me that this vaccine was too risky.
6. The anthrax vaccine has not been ruled out as a possible cause for Gulf War Illness. In fact, recent studies in England show a significant correlation between Gulf War Illnesses and those who have received the anthrax vaccine. The AVIP agency references the 1996 Presidential Advisory Committee’s (PAC) research on Gulf War Illness to claim the anthrax vaccine did not cause Gulf War Illness. This is yet another example of misinformation by the DoD. This PAC report makes no conclusions as to the cause of Gulf War Illness. Nor does it rule out any one possible cause, to include the anthrax vaccine.
7. The order to be inoculated with the anthrax vaccine is not lawful. Article 90 UCMJ section 14.c(2)a(iv) sub-title, "Relationship to Statutory or Constitutional Rights" states, "The order must not conflict with the statutory or constitutional rights of the person receiving the order."
8. US Senate Report 103-97 describes the anthrax vaccine as investigational and therefore by federal law requires informed consent. This is also backed by the recent report from the Congressional Subcommittee on National Security, Veterans Affairs and International Relations, House Committee on Government Reform released on 17 Feb 2000.
9. Each and every vial of the anthrax vaccine states, "federal law prohibits dispensing without prescription." I asked Colonel Villacis, M.D., if he wrote prescriptions for his patients that received the vaccine, and he said, "No." I asked, "why not?" He had no answer. I asked, "is it against the law to administer this vaccine without a prescription?" Again, he had no answer.
10. I sought a religious waiver according to AFJI 48-110, paragraph 13, for the vaccine and I was told that I didn’t belong to the proper religion in order to pursue such a waiver, i.e. Christian Scientist. It seems unjust that a person who refuses a vaccine may continue a successful career in the military if they belong to a certain religious group, while others are punished for the same circumstance. This practice is unconstitutional for giving religious preference.
11. Finally, each and every American has a right to privacy, according to the Fourth Amendment. We cannot be forced to accept unwanted chemicals or contaminants into our bloodstream. As such, we shall not be labeled as federal criminals for exercising this right. Brigadier General Walter L. Busbee, Joint Program Manager for Biological Defense, was quoted in a 1995 Army memorandum concerning the implementation of the Anthrax Vaccine, "soldiers are citizens first; and whatever studies are formulated, they must be done with that concept in mind. Soldiers have the same Constitutional rights as other citizens."
12. I pursued a medical waiver with the backing of an expert immunologist, J. Barthelow Classen, M.D., who drafted a letter advising me not to take the vaccine due to a family history of immune deficiencies. However, Colonel Villacis, M.D., who reviewed the letter, recommended I take the vaccine anyway.
13. On 18 Nov 99, I submitted my resignation in an attempt to avoid a conflict with Air Force policy. This request for resignation was held in our wing headquarters building until 7 Dec 99 (3 days after the deadline to take the anthrax vaccine), at which time the wing commander endorsed the request as disapproved and forwarded the document to AFPC. My hope was that the request would have been processed before I was given an order to take the vaccine. This in itself would have been a huge punishment with the loss of my salary and pension and would be an enormous financial strain on my ability to support my wife and three kids.
14. Seasoned veterans are shocked over this issue. They are wondering, "what will it take for someone to make the call." Commanders are relying on doctors to stop the program. The Vaccine Adverse Events Reporting System (VAERS) is what the doctors are relying on to help them make a decision on whether or not to stop the program. However, VAERS reports are snapshots, in that it is very rare that people send updates to VAERS to show how their health is declining. The VAERS system under-reports the actual cases, a fact verified by GAO and FDA officials. Therefore, operational commanders are the first line of defense in protecting the health of the troops, not a VAERS database.
15. Sir, I am asking you to make a decision on what you believe. I know you care for your people and would not harm them in an attempt to provide protection from the unknown. Doctors deal with problems scientifically. On the contrary, operational commanders must deal with the intangible issues of morale, unit cohesiveness, and trust.
16. Safety has been and should always remain a relatively pure effort, unbiased by popular views and un-pressured by the emergence of a great necessity. The goal of safety should always remain to protect our most valuable resource – our people. A safety concern should always be respected.
17. I strongly recommend that this program be evaluated by the Air Force Safety Center. The effects of this vaccination are not imaginary or fanciful. This is not mass hysteria. The effects are real, particularly at Dover. Sir, if we had a piece of equipment that had incapacitated this many people over such a short period of time, I know there would be a safety investigation. I request that you or someone in authority order a similar review and suspend the program while it is pending. I recommend an active survey be initiated across the Air Force to determine how many people are suffering from the illnesses described in this paper. Taking corrective action now will save the health of our force, and quite possibly prevent this issue from developing into a huge morale problem that eats away at our readiness.
18. I do not routinely second-guess the orders of those appointed over me, but the evidence in this case that there are problems with the safety of this program is overwhelming. I have made my choice with the utmost respect for the military and I am motivated only by the concern for my health and the health of others.
19. I respectfully ask that you resolve this matter in my favor because that is the fair and just thing to do. I am an Air Force officer and pilot. I take seriously the core value that requires integrity above all else. That is why I put my self in the gun-sight when it would have been much easier to remain silent. Sir, I will fly and fight for you, this Air Force and this nation in a heartbeat, and I will do so with courage and honor.
20. Again, Sir, I thank you for your time and effort in affording me this opportunity to speak with you directly.
Sonnie G. Bates, Major, USAF
Attachment:
Reports of People Who Are Ill
Attachment – Reports of People Who Are Ill
The following list of ill are from my squadron, 9th Airlift Squadron, Dover AFB:
Michelle P. suffered from thyroid damage, an autoimmune disorder, chronic fatigue, and dizziness. She had been grounded for several months. Bill L. has also been grounded for several months. After the vaccine, he developed cysts on numerous places on the inside and outside of his body, to include his heart. He has undergone surgery to remove some of the cysts and was hooked up to an IV for six weeks. He became incapacitated at the controls of the airplane due to this illness. He was on a basic crew, so the other pilot basically flew the airplane solo to Germany. Jean T. suffers from a widespread rash over most of her body since receiving the vaccine. Jim G. suffers from severe chronic joint pain, thyroid damage, and has an autoimmune disorder. Both of his arms are in braces due to the severe joint pain. John S. has an autoimmune disorder. Jay M. has been grounded for several months. He has been suffering from crippling bone/joint pain, ringing in the ears, and memory lapses. He has been battling various infections continuously during these past several months and has developed 27 new allergies in the past few months. Dave H. experienced diverse symptoms, which included chronic bone/joint pain, chronic fatigue, and a loss of ability to concentrate. He has been cross-trained into another, less demanding career field. Mike M. had been grounded for eight months after receiving the vaccine. He has experienced eight seizures. Other symptoms include crippling bone/joint pain, memory lapses, ringing in the ears, dizziness, and an inability to concentrate. Ted D. suffered recurring infections after the vaccine and sustained thyroid damage and acute short-term memory loss. Jerry K. became chronically ill and was grounded during his last months of service before retirement. Brian B. suffers from severe bone and joint pain. Recent bone scans reveal lesions on his spin, pelvis, and ribs. Jim R. experienced chronic bone/joint pain. He said his arms frequently go numb. He has been grounded for so long the medical group has questioned him about a medical discharge. However, he is not interested in a medical discharge because he has been in the military for over 17 years and does not want to lose his pension. Nathan P., after receiving the vaccine, has suffered from lesions in his throat and X-rays have revealed spots on his lungs. Cindy C. started experiencing episodes of vertigo, ringing of the ears, and memory lapses. She has had five vertigo episodes, described as being so severe that she couldn’t walk. The vertigo has ceased since the vaccine has stopped and she is on a waiver to not receive any more anthrax vaccine until her health improves. She said that the anthrax issue is one reason why she plans on not re-enlisting. Michael M. is in a military hospital hooked up to a ventilator. He is paralyzed. He speaks with his eyes. The doctors say it was from the flu vaccine.
All this and our Aerospace Medical Squadron Commander states we have a normal healthy population at Dover AFB. That is a slap in the face of common sense.
Reports from other units at Dover AFB:
Debra W., works at the 436th Aerial Port Squadron, Dover AFB: She has symptoms like Gulf War Syndrome after receiving anthrax immunizations. Medical community telling her it is psychosomatic. She is afraid to speak out because she has been in for 18 years and does not want to lose her retirement.
Chris F., an NCO in the 436th Transportation Sq at Dover AFB has suffered from 34 cysts on his legs, bleeding from the ears, and dizziness after taking the vaccine. The doctors tell him the nodules are simply calcium deposits. This man is so sick he can no longer drive his car. He walks to work. No tests were being done on him to check his blood. He recently demanded better treatment and was sent to Bethesda.
Marissa D., is an Airman stationed at Dover AFB and has received 5 out of the 6 Anthrax inoculations. The last inoculation was several months ago. However, in the beginning of February, she began experiencing pain in her eyes and joints. Her head began throbbing and her hands and feet began to feel numb and swell. She was initially examined by a base M.D. who told her to "take two aspirins and go to bed." The eye pain became more intense. She was then sent to Walter Reed Army Medical Center where she was diagnosed as having "Intermediate Uveitis. Interestingly, Uveitis can be caused by an auto-immune deficiency linked to rheumatoid arthritis, which is a common thread for those suffering from the anthrax vaccine.
James P., a Loadmaster in the 3rd Airlift Squadron at Dover AFB is going through a medical evaluation board. He has experienced heart dysfunctions and severe memory lapses after taking the vaccine.
Jay L., a Lieutenant Colonel at Dover AFB has rheumatoid factor in his blood which was temporally linked to the anthrax vaccine. His suffers from disabling bone and joint pain and is on record to say that at least one third of his pilots resigned over this issue.
Captain B., Chief of Immunization Clinic, Dover AFB experienced an anaphylactic episode after taking the anthrax vaccine.
Jeff M., loadmaster with the 326th Airlift Squadron, Dover AFB. Blood tested positive for an autoimmune disorder after the first shot. Experiences chronic pain in his hands and feet since receiving the vaccine.
James G., previously stationed at Dover AFB, 32 years old, is suffering from thyroid cancer. He was deployed to Germany during Desert Storm. He received the anthrax vaccine and became ill immediately. He did not deploy to the desert. He has been ill since the vaccine. He separated a few years later. He says his body now shakes as if he is eighty years old. He claims the VA is not providing proper care for him.
Reports from people at other bases:
Christy M., an airman from Kirtland AFB suffers from blisters all over her body after taking the vaccine. She was told it was from her laundry detergent and was ordered to continue the series. Her condition worsened and she was sent to Wilford Hall, TX. While there she was told she may have had a reaction to the vaccine, but was still ordered to continue the series. The doctors gave her yet another dose and her condition worsened. She is afraid. She doesn’t want to take any more shots of this vaccine, but has been told she must continue.
Jeanette L., an NCO at Beale AFB has been suffering from chronic fatigue, heart dysfunctions, cysts, and other infections since taking the vaccine. She says she feels as though she is literally dying, while the clinic tells her she must continue the series of vaccines.
Kevin R., a service member in the navy has been in a coma since taking the vaccine in December. He is at Walter Reed.
Kevin E., an Army specialist fell ill in Korea after receiving the shot. His body was covered with blisters and bleeding sores. The Army had to treat him like a burn victim. He was 28 years old at the time. This service member believes it was caused by the anthrax vaccine.
Joseph Jones, A 22 year old soldier from Ft. Benning received his first anthrax inoculation on 3/17/98 and began suffering flu-like symptoms, severe headaches, a rash over arms, back, and chest, and bloody diarrhea which lasted a few days. Injection number two came 3/31/98, he began suffering the same type symptoms, only worse, when he went to the medical facility he was put on antibiotics. Then came shot number three 4/14/98 while still on antibiotics! All of this young man's inoculations came from Lot FAV020 (the expired lot). Joseph Jone's mother, has described his blackouts as seizures with muscles tightening and his eyes glazing over. Senator Phil Graham has begun an investigation of his case, and the case number is #81103787. Epilepsy has been ruled out.
Mike K., an Army specialist stationed in Germany has been sick for months with flu like symptoms after taking the vaccine. He also suffers from memory loss, blurred vision, and diarrhea. No VAERS was filed. He believes the vaccine has caused the illness. He has not been diagnosed and no tests had been conducted on him at the time of his report. He wanted help, but felt like no one was listening to him at the clinic. He did not want to take another shot, but was told he had to.
Aubrey L., has suffered from Chronic Fatigue Syndrome since 1974, when he was given an experimental dose of anthrax vaccine while stationed at Guam AFB. He nearly died. Later he was tested and shown to have been exposed to anthrax. He testified under oath before Congress in 1996.
1Lt Mike H., started his Air Force career at Charleston AFB while awaiting his JSUPT class start date at Vance AFB. While at Charleston, he started the anthrax vaccine series. He then went to Vance AFB to start pilot training. He was told he had to continue the shots since he started them. He graduated pilot training in January 2000, but is in the process of being discharged for medical reasons for symptoms he believes was caused by the anthrax vaccine.
A Wisconsin ANG member reportedly died from heart failure11 hours after receiving the anthrax vaccine in Saudi Arabia.
Lou D., Marine Corporal at Camp Pendleton. His mother was called to his side last 4th of July with the expectation he wouldn't survive. He was previously healthy, took 4th shot in April 99, proceeded to lose 17% of his body weight, then lapsed into a week long coma. After recovering, he was told all his medical records were missing and he'd have to start all his shots over again, including the anthrax shot.
Kaliff T., an Army member stationed at Ft Carson took the anthrax vaccine this past September, went out almost immediately to play football, went home complaining of headaches and couldn't sleep. He was transported via helicopter to Denver University hospital where he experienced complete organ failure and lapsed into drug-induce coma for 2 weeks and went from 250 to 190 lbs. Army claims condition not related to the shot.
Peter M., 51, Kansas ANG at McConnell AFB. Experiencing temporary paralysis after being told the anthrax shot would not be a problem just because he had polio as a child. Being sent to Medical Evaluation Board for elimination from service.
SMSgt Bill P., Kansas ANG, former weightlifter, diagnosed first with pneumonia, then mono, then parvo, then Lyme disease, and finally Lupus after receiving the anthrax vaccine.