By D.L. Bonar, Senior writer

Delaware State Newspaper

December 12, 1999

DOVER - A U.S. Air Force major is willing to risk a court-martial rather than be subjected to what he feels is a questionable vaccination against the anthrax virus.

Maj. Sonnie G. Bates, 35, of Ellendale is an active duty C-5 pilot with 13 years of military service. Several months ago, military officials issued an order re-quiring him to take the vaccine. He refused and was taken off flight status and threatened with disciplinary action.

This week Air Force officials offered him an Article 15, one of the military's lesser disciplinary actions. The move, he said, was for "failure to obey a lawful order."

He declined to accept the action and may go through a court-martial, where he faces a felony record, possible prison time and discharge, if found guilty.

Maj. Bates said he is concerned the vaccinations are risky and pose a threat to his health and the health of others "Next year, with bonuses, my military pay will be $97,000," Maj. Bates said earlier this week. "I have been told by some of my colleagues and superiors, they think I'm making a big mistake."

"The United States government can't buy me. Money is not a player here. They're playing with someone's health."

During the Gulf War, officials believed military personnel in the Middle East were threatened by anthrax or other biological agents.

Because of that threat, some members of the military who might be subjected to biological attack were chosen to receive the vaccine.

The dissent came when some who took the shot became ill. "I have spoken with more than 25 people in my squadron alone and 14 have some sort of medical problem they did not have before they got the vaccine," Maj. Bates said.

"Their problems range from sore joints to fever and immune deficiencies. One pilot passed out while he was flying an airplane and was taken off flight status. He has cysts on his body and his heart," he said.

The 436th Military Airlift Wing is not aware of any such incident involving a pilot or crew member while performing their duties, according to the records of the base flight surgeon.

Maj. Bates said he has testified before a congressional oversight committee that has been looking into alleged problems with anthrax vaccines.

He said he was taken off flight status and given other duties pending the outcome of his dilemma.

According to Maj. Frank Smolinsky, public affairs officer at Dover Air Force Base, military members are required to obey the orders of their superiors. If they decline an Article 15, it is up to the commander whether to proceed with a court-martial or issue punishment. He declined to speak specifically about Maj. Bates.

According to the Uniform Code of Military Justice, a legal document governing military judicial process, punishment for failure to obey a direct order under Article 15 may range from one-half of one month's pay for two months and/or 30 days confinement to quarters or 60 days restriction to the base and a formal reprimand.

"This is an issue of good order and discipline," Maj. Smolinsky said.

"We believe this is a force protection issue. All ranks,officer and enlisted alike, have been directed to take this vaccine.The bottom line is anthrax kills."

Roxane Bates has been staging a one-woman barrage of e-mails and telephone calls, with little success, to gather public support against what she and her hus-band view as an unreasonable order to take the vaccine.

"We have been told by the military that I am not to call my husband's boss or the base public affairs office," Mrs. Bates said."They can't tell me what to do from my own home."

Mrs. Bates said her husband was threatened with disciplinary action if her calls persist.Maj. Smolinsky said he is more than willing to discuss the issues Mrs. Bates has during normal business hours at his office.

Anthrax is a bacterial disease that usually affects animals. Known as "woolsorter's disease"; or "malignant edema," if left untreated, it usually results in respiratory failure. It is usually fatal to those who are not treated promptly.

"It is a safe and effective vaccine," said James Turner, a spokesman for the U.S. Department of Defense anthrax vaccination program.

Mr. Turner said each branch of military service and individual commands are left to make the decision on how to handle the vaccination process on their own, but all members of the military who stand a risk of being infected are supposed to be vaccinated.

According to military documentation, 30 percent of those who are vaccinated experience redness or swelling near the injection site. Another 4 percent suffer moderate reactions, and many experience a small nodule near the injection site, which goes away with treatment.

Fewer than two in 1,000 experience fever, headache or other effects and the Department of Defense claims none experience long-term effects.

"From what I am told, some people have experienced liver failure, heart problems and other reactions, which did not exist prior to the vaccination," Maj. Bates said.

"From what I can gather, the military is taking the attitude that it's all right that 5 percent of the people taking this have lasting problems. Look, I feel my body is a temple and I don't think they should be able to require me to do something I believe invades that space."

"In addition to that, I firmly believe people have the right to decline medical treatment if it is based on their religious or moral belief. This is not religious, but it certainly is a strong moral belief."

Maj. Bates said he and his wife have chosen Dover over any other assignment he has received and plan to stay here because one of their children suffers from autism. "Delaware is the only state I know of in the nation where there are successful programs and research into autism going on," Mrs. Bates said.

"So, no matter what, we plan to stay here. It is a shame though, because of my husband's beliefs, we face a very uncertain financial future."