By Christopher Thorne

Associated Press Writer

January 23, 15:42 EST

ELLENDALE, Del. (AP) — Maj. Sonnie Bates is so cautious about following military rules that he won't talk to a reporter in his home without first changing out of his uniform.

But the decorated pilot has not followed all his orders. Bates, 35, is believed to be the highest-ranking officer in the Air Force to face a court-martial for refusing to be vaccinated against anthrax.

``I fully expect to be in a court-martial inside of six weeks,'' he said. ``And I'll lose the court-martial. I don't have any doubt.''

An investigating officer is to hold a hearing next week at Dover Air Force Base where Bates will be able to argue against the charge. He doesn't expect to win, and he believes the Pentagon intends to make an example of him.

Lower-ranking soldiers concerned about getting sick from the anthrax vaccine won't be as likely to resist the shots after a major has been court-martialed and sent to Fort Leavenworth, Kan., Bates said.

``I'm doing what I've always been trained to do and taught to do,'' he said. ``If you know it's right, you stand up for it. And likewise, if you know it's wrong, you have to challenge it. No matter what the consequences.''

The military has ordered all of its 2.4 million reserve and active-duty soldiers, sailors and airmen to be inoculated as a defense against biological warfare.

Several military personnel have been prosecuted for refusing the shots, and some reservists have quit to avoid taking them. The military says they are safe.

The consequences of Bates' decision are severe. He could lose his rank and pension. He could lose his house. And he could face up to five years in prison, away from his wife and three children.

That is a thought that terrifies Roxane Bates. She doesn't know what it will mean for Seth, their 7-year-old autistic son.

``Seth can't accept change easily. I don't know how he's going to handle it,'' she said. ``He'll ask every day where his dad is.''

Maj. Frank Smolinsky, chief of public affairs at Dover Air Force Base, said the proceedings don't have to lead to a court-martial. There are several steps in the process that could lead to the charge being dismissed, Smolinsky said.

But in the Bates home, the family is convinced that it will end badly. It has meant weeks of anxiety, sleepless nights, crying jags.

The night before Bates heard the charge read against him, his wife's grandfather died. In her kitchen, Roxane Bates recounted how the death added to her stress.

``Pop-Paw died?'' Candy, their 14-year-old daughter, interrupted.

``Oh my God, Candy, I didn't tell you,'' her mother said. She clasped her hands to her face and Candy twisted into tears.

``You can see what this has done to us, done to my family,'' she said. ``I'm so worked up about things I forgot to tell my daughter her great-grandfather died.''

Bates is tall, with a long stride. He grew up poor and put himself through Northern Kentucky University. He joined the Air Force in 1986, the year he graduated with a bachelor's degree in math.

His study is littered with plaques for commendations and medals, including one for landing a plane in October 1998 after a storm knocked out its instruments.

His concerns over the anthrax virus grew after he was assigned to Dover Air Force Base in August. He said 12 to 15 members of his 250-member squadron were out sick with serious illnesses: thyroid damage, infected cysts and lesions. The only common thread was their illnesses followed anthrax injections, he said.

``Never in my time in the Air Force have I seen such a sick unit,'' Bates said.

During a visit to the base last month, Defense Secretary William Cohen said he had halted production of the vaccine at a Michigan factory that failed an inspection by the Food and Drug Administration. But Cohen said the inoculations would continue with stockpiled vaccine.

``We have enough safe, reliable vaccine stockpiled to continue this for another year,'' Cohen said, adding that he had begun taking the series of six shots that make up the inoculation himself.

That isn't enough to convince Bates.

``I thank God every day of my life for my health,'' Bates said. ``And I'll be dadgummed if I'm going to give it up for anybody. If I give up my health, not only can I not defend this country, but I can't protect and provide for my family.''