Military judge recommends Buck court-martial

By Reni Winter

The Sun Herald (Biloxi, MS)

January 19, 2001

KEESLER AFB -An Air Force doctor is one step closer to facing a court-martial for refusing to take the anthrax vaccine.

On Thursday, Capt. John Buck, of Ocean Springs, received a copy of a Jan. 12 report in which Lt. Col. James L. Flanary, a military judge, recommends a general court-martial for the young doctor.

In the seven-page report, Flanary gives his version of a preliminary hearing last week at Keesler Air Force Base, where Buck is stationed.

Flanary also gave the report to Gen. Ted Mercer, 81st Training Wing Commander, who will review the findings and make a recommendation to Maj. Gen. John Regni, the highest ranking officer at the base. Regni will make the final decision, probably within a week, whether to proceed with a court-martial.

Buck said the results don't surprise him, but portions of testimony that would have benefitted him were left out of the report. Mercer and Regni were not at the hearing.

"If he would have chosen anything less than a general court-martial, he would have exposed himself to scrutiny from the Department of Defense," Buck said. "He made notes (in the report) that the team I was assigned to deployed. But he didn't note that I wouldn't have had to go, even if I had taken the vaccine."

After Buck refused the vaccine and another captain was ordered to take his place, the orders were changed to require a higher-ranking doctor to go with the deployment team, witnesses said at the hearing.

The Bucks keep in touch with Jennifer Ponder of Gulfport, whose husband, Seabee Dave Ponder, is in the brig in Pensacola for disobeying the same order. Ponder was sentenced last week to 60 days and a two-grade, pay-and-rank cut.

Buck believes that military officials will eventually view the anthrax vaccination program as a mistake.

"I think when we look back at this program one day, we will think, 'How in the world could this possibly have happened, how could we have done this to our troops?'" he said.

The Department of Defense started a mandatory anthrax immunization program after learning at least a half-dozen countries that are potential threats to the United States have produced biological weapons that could attack troops with inhalation anthrax. But the vaccine is designed to protect against a different form of anthrax.

Buck's wife, Bridget, supports her husband's position against the vaccine, which he believes is dangerous because of inadequate testing.

"I just think it's very disheartening that the military will not protect America's troops and is willing to court-martial anyone who disagrees with them," said Bridget Buck. "Even though we're going through a court-martial, I feel I know the verdict already. It's sad. It's very difficult, but this, too, shall pass."

Source:

http://web.sunherald.com/content/biloxi/2001/01/19/local_news/3433594_01192001.htm