Army halts discharge

by John Diedrich

The Colorado Springs Gazette

May 20, 2000


The Army on Friday halted the discharge of a Fort Carson soldier who refused to take the anthrax vaccination and then sued in federal court.On Thursday, U.S. District Court Judge Edward Nottingham refused to hear Pfc. Jemekia Barber's case, which claims the shots meant to protect soldiers against biological or chemical attacks are unsafe. But Nottingham set a June 1 hearing to consider an injunction against the Army.

Barber's attorney, Herb Fenster, said his client was reprimanded and threatened with imprisonment Friday morning because she went to Denver for her case the day before.

For that reason, Fenster filed an emergency motion Friday asking the 10th Circuit Court of Appeals to order a stop to the discharge. The court has 48 hours to issue a decision.

Fort Carson officials said Barber was reprimanded for missing mandatory morning formation without a written excuse.

"No one threatened her with imprisonment or confinement," said post spokeswoman Ginger Colbrun.

Colbrun said Army officials along with the U.S. Attorney's Office in Denver, which is representing the military in the Barber case, decided Friday to temporarily stop Barber's discharge.

"Even though we are under no legal obligation to do so, we granted the request," Colbrun said. "We felt it was appropriate to have her case fully considered by the federal court."

Barber's husband, Rodney, a private at Fort Carson, also refused the controversial inoculation. Politicians and scientists have raised questions about the safety of the shots, but the military is standing by its plan to inoculate all 2.4 million troops.

There has been no single policy on how to discharge those service members who refuse the shots. Barber, 26, wants a general discharge, which would look better for future employment and guarantee her veterans benefits. She was being released under a less than honorable discharge.

The Barbers' case began earlier this year when they were ordered for duty in Korea, where anthrax shots are required.

On Feb. 20, they left Fort Carson for Korea, but instead the couple disobeyed orders and returned to Fort Carson, saying they wouldn't take the shots.

The Army filed charges against the Barbers and threatened to bring them up for a court-martial. On May 11, Jemekia Barber agreed to a discharge less than honorable. Rodney Barber later agreed to the same.

Fenster said Jemekia Barber was pressured into the agreement by commanders and a military attorney who was supposed to be representing her. In addition, Fenster said she is suffering from post-traumatic stress disorder as a result of her military service and was incapable of agreeing to the discharge.

Carson commander Maj. Gen. Edward Soriano approved the discharge, and for the past week Jemekia Barber has been "clearing," turning in gear, collecting medical records and performing other procedures. The Army's decision Friday stops that process for now.