by Christopher Thorne

Associated Press Writer

Wednesday, Feb. 16, 2000; 7:00 p.m. EST

DOVER, Del. -- The Air Force says it won't court-martial a major who questioned the safety of the military's anthrax vaccine and refused the mandatory injections.

Maj. Sonnie Bates, a 14-year, decorated pilot, was believed to have been the highest-ranking Air Force officer on track to face a court-martial for refusing the anthrax vaccine.

Instead, Bates has agreed to an administrative hearing by his commander at Dover Air Force Base that could result in sanctions ranging from a loss of pay to 30 days arrest.

Under the agreement, there will be no conviction on his record, and the base commander could decide not to punish him.

Bates has been on administrative duty and grounded from flying since he refused his vaccination Dec. 3. He initially was charged with disobeying an order, punishable by up to five years in prison.

Maj. Frank Smolinsky, chief of public affairs, said the military had been proceeding toward a court-martial.

The news Wednesday that the possibility of a court-martial had been removed came one day before the House Government Reform Committee was expected to release a report critical of the vaccine program.

The Department of Defense wants to vaccinate all 2.4 million of its active and reserve uniformed personnel by 2003 against anthrax, a deadly biological weapon.

According to department, 383,000 military personnel have begun the six-shot series. About 200 to 300 service personnel have refused the vaccine since the program began in August 1998, according to the Pentagon, and several have been prosecuted.

Bates' said his concerns grew after he saw members of his squadron become sick soon after starting the vaccination series.

The Air Force maintains the vaccine is safe, though manufacture of it was temporarily halted in December after the Food and Drug Administration found numerous violations in an inspection of the Michigan plant that makes it.

Despite halting production, Defense Secretary William Cohen ordered the vaccinations to continue, saying it would be irresponsible to send soldiers into combat without protection. He said the military has enough vaccine to last about a year.

Bates earlier refused the option of an administrative hearing when it was offered. He accepted it this time because the Air Force agreed to forgo a court-martial, said Capt. William Burke, an Air Force lawyer defending Bates.

Military law still allows the Air Force to pursue further discipline if Bates is ordered to take the vaccine and refuses again.

Sgt. Paul Fazzini, a spokesman for Dover Air Force Base, said in all likelihood, Bates will face another order to take the anthrax vaccine.

Roxane Bates, the major's wife, said they still don't know if her husband will have to leave the Air Force if he wants to remain a pilot.

"All he's wanted is to get back into his military airplane and go back to work," she said.