Military physician arraigned

Doctor may face court-martial for refusing vaccine

By Paul Payne

Jackson MS Clarion-Ledger/ The Associated Press

January 12, 2001

An Air Force judge is reviewing arguments presented during the arraignment of Capt. John Buck, who believes he is the first military doctor to refuse the anthrax vaccine.

Lt. Col. James Flannery, who presided over Thursday's hearing at Keesler Air Force Base, will recommend to a general officer whether Buck, an emergency room physician, should face a court-martial.

"We don't know of any other medical officer who has gotten this far," said Buck's attorney, Capt. Jeff Brown.

Flannery could not be reached for comment.

Buck, 32, is accused of disobeying a lawful order in October when he would not take the vaccine before leaving for Bahrain in the Persian Gulf.

The Pascagoula native said the vaccine poses an unnecessary health risk and violates his rights as a patient. "My life has turned upside down," said Buck, who has served 2 1/2 years in the military and was awaiting promotion to major.

"Medicine is founded on science, trust and patient rights and this violates all of them."

If Buck is convicted, he could lose his commission and go to prison for five years. He might also be required to repay government-funded medical school tuition.

Major Gen. John F. Regni, who oversees military courts in the Southeast, could also decide to drop the charges, Brown said.

A decision is expected within a week. The court-martial would be held at Keesler.

Another Mississippi serviceman, Navy Petty Officer David Ponder, is also up on charges he refused the vaccine.

Ponder, 22, a builder third class at the Naval Construction Battalion Center in Gulfport, was scheduled to face the court-martial judge in Okinawa earlier in the week.

Details on the outcome of the trial were not available.

Ponder refused the anthrax vaccine last January when he was about to be deployed to Korea.

He admits that he refused an order, but, like Buck, believes that the mandatory vaccination program is not lawful.

He and Air Force Maj. Sonny G. Bates, who also refused to take the shots, testified before the U.S. House's Government Reform Committee in October.

"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 said.

The cases follow a series publicized bouts with the military over mandatory inoculations.

Buck said the U.S. Department of Defense's mandatory Anthrax Vaccine Immunization Program breaks federal laws governing drug testing, labeling and use.

He said stores of the vaccine are outdated and should not be used.

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 is 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.

Source: http://www.clarionledger.com/news/0101/12/12anthrax.html