Doctor may face anthrax court-martial

By Deborah Funk

Army Times Publishing Co.

January 22, 2001 (Jan 29 edition)

Air Force Capt. John Buck, the first military doctor to refuse to take the anthrax vaccine, is closer to trial after the investigating officer in his case recommended a general court-martial.

The recommendation will be given to Brig. Gen. Roosevelt Mercer Jr., commander of the 81st Training Wing at Keesler Air Force Base, Miss., where Buck is stationed. Mercer will decide whether to forward the recommendation to a general court-martial, handle the matter as a special court-martial with lesser penalties, or issue a reprimand, said Buck’s defense attorney, Capt. Jefferson Brown.

If Mercer agrees with the investigator’s recommendation, it would then go to 2nd Air Force Commander Maj. Gen. John Regni, who would decide whether Buck faces court-martial. If the case goes that far, a trial could be scheduled as soon as late February or as late as April, Brown said.

If tried and convicted by general court-martial, Buck could be jailed for up to five years, dismissed from the Air Force and made to forfeit all pay. A conviction by special court-martial would carry a maximum penalty of six months in jail and forfeiture of two-thirds of his monthly pay for six months.

Buck, an emergency medicine physician, was ordered to get the anthrax vaccine shot in October when he was put on standby notice for deployment to Bahrain. He refused, and offered to take antibiotics to fight infection in case of an anthrax attack and waive the military of responsibility for his health.