Coastians face court martial over vaccine
Air Force doctor, Seabee oppose anthrax order
By Reni Winter
The Sun Herald [Gulfport, MS]
Page 1
January 9, 2001
A Coast Air Force officer and a Navy Seabee are putting their
military careers - and possibly their futures as civilians - on
the line because they regard orders to take the anthrax vaccine
as unlawful.
Capt. John Buck, an emergency room physician at Keesler
Medical Center, will face the military equivalent of a grand jury
Thursday for refusing to start the series of six inoculations on
October 18. He was ordered to get the shots before leaving for
Bahrain, in the Persian Gulf, with a critical care transport team.
Buck believes he is the first military doctor and the first
officer to choose to face a court martial, a military trial,
rather than take the vaccines or admit that he is guilty of
disobeying a lawful order. After extensive research, he was
convinced that the U.S. Department of Defense's mandatory "Anthrax
Vaccine Immunization Program" breaks federal laws governing
drug testing, labeling and use.
"I know they cannot run a military with individuals
making their own decisions," Buck said. "But as a
health care provider accustomed to working with risks and
benefits, in this situation I believe it is wrong for them to
take a questionable vaccine and forcefully inject it into my body
in the name of national defense."
Petty Officer David Ponder, 22, a builder third class at the
Naval Construction Battalion Center in Gulfport, was scheduled to
face the court martial judge in Okinawa today. The judge denied
his request to have defense witnesses at his trial.
One year ago on January 12, Ponder refused the anthrax
vaccine when he was about to be deployed to Korea. He admits that
he refused an order, but, like Buck, believes that the DoD's
mandatory vaccination program is not lawful.
Ponder said the more he read, the more concerned he became
about the lack of extensive testing on the drug's long-term
effects. He also read the stories of other military personnel who
chose to refuse it, including the well-publicized case of Air
Force Major Sonny G. Bates.
Bates and Ponder testified before the U.S. House of
Representatives Government Reform Committee in October.
"The anthrax vaccine hasn't been tested for its ability
to cause cancer or for its effects on fertility," Ponder
said. "A woman can waive the vaccines if she wants to, if
she's pregnant. They don't know how it affects a man's fertility.
My wife and I have a 15-month-old son. I want to make sure I'll
be able to have more children."
Ponder's wife Jennifer was not allowed to appear before the
judge on Okinawa in her husband's defense. But she said Monday
that she would be allowed to testify via conference call Monday
night, which would be Tuesday in Okinawa.
Capt. Jim Winner, chief of military justice at Keesler Air
Force Base, said Buck could have chosen to exercise his Article
15 right, a judgment by a commanding officer instead of a trial.
"It's more serious than an administrative reprimand, but
not as serious as a court martial," Winner said.
But Buck refused his Article 15 right because it would have
required an admission of guilt, he said. Ponder made the same
decision.
A guilty verdict at a court martial is a felony offense that
could go on their civilian records, but that is one of the many
uncertainties in both cases.
Prior to refusing the anthrax vaccine, both men were highly
respected members of their respective services, both up for
promotions.
Buck, a major-elect, was acting director of the emergency
room when he was ordered to get the shots. He, like Ponder, has
become somewhat disillusioned about the military.
As a doctor, he said, he cannot condone or submit to the use
of medicine that hasn't been adequately tested, that has caused
ill effects in some people, that was manufactured at a plant that
has been found by the Food and Drug Administration to have
repeated problems, and that was designed for a different type of
anthrax than it is being used for in the military.
Lt. Col. Steven Princiotta, medical spokesman at Keesler
Medical Center, acknowledged that the FDA approval for the
vaccine is for "cutaneous anthrax" that is transferred
under the skin. Another form, "inhalation anthrax," is
the type considered a threat by the Defense Department.
"The FDA has licensed the vaccine, and the military is
using it for a slightly different purpose," Princiotta said.
"When the military started using it, it had already been
used in 68,000 people, with no reports of long-lasting serious
adverse effects. We see some adverse effects any time you see any
vaccination. But the reaction is far less than we see with babies."
Numerous Web sites, including the House Government Reform
Committee site, give testimony to the contrary.
"It's like a party line," Buck said. "It's sad.
You see some of our best people who believe it. This has caused a
polarity inside the military. Either you're in, or you're out."
Reni Winter can be reached at 896-0538 or at
rbwinter@sunherald.com
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