March 6, 2000

The Honorable William S. Cohen
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000

Dear Secretary Cohen:

By this letter I reiterate my strong request that the United States Air Force act immediately to grant Major Sonnie Bates' now-longstanding request for resignation.

I am deeply concerned that the tortuous chain of legal events-including criminal charges, court-martial and finally non-judicial punishment-were levied against Major Bates after he testified before the House Committee on Government Reform, which I Chair.

In the latest indignity, Major Bates has been fined $3,200 pursuant to Article 15 of the Uniform Code of Military Justice, and is subject to a discharge with less than an honorable service characterization. These non-judicial proceedings should terminate immediately and Major Bates should be allowed to resign honorably.

Moreover, I am distressed by new revelations that the United States Navy is planning to prosecute a young enlisted man based at Gulfport, Mississippi, for his refusal to take the ill-advised anthrax shot. I am particularly concerned over allegations that the Navy plans to transfer the seaman to Okinawa to conduct a court-martial. It is my understanding that this sailor has requested and been denied access to legal counsel. To whisk him out of the country to conduct a court-martial trial under the cloak of darkness where he will have great difficulty retaining civilian counsel is outrageous.  I request that you investigate this matter and provide me with an explanation of the Navy's actions.  I also request that David Ponder, the aforementioned sailor, remain in Mississippi. 

As the Government Reform Committee prepares to approve a report later this week calling for the suspension of the mandatory anthrax vaccine immunization program, I find it hard to believe that the Defense Department continues to take such punitive

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measures against individuals who have legitimate concerns about the safety of this program.  As this person is scheduled to leave March 12, please provide this information by March 9. 

Sincerely,

/s/
Dan Burton
Chairman