Air Force Major Faces Court-Martial

Associated Press

Friday, January 7, 2000 9:10 PM ET

WASHINGTON (AP) - An Air Force major said Friday he faces a court-martial for refusing to take the anthrax vaccine because he fears it could jeopardize his health.

Maj. Sonnie Bates, a pilot stationed at Dover Air Force Base in Delaware, is believed to be the highest-ranking military officer facing court-martial for refusing to follow a direct order to take the shot.

The Defense Department has ordered the anthrax vaccine to be administered to all 2.4 million active duty and reserve military troops as protection against biological warfare. More than 380,000 service members have started the six-shot regimen.

More than 200 military personnel have refused to take the vaccine because they fear its safety, Pentagon officials say.

Bates could have accepted a so-called Article 15, a nonjudicial punishment provided under the Uniform Code of Military Justice. But he said that would not solve his problem because his commander would simply order him again to take the shots, restarting the disciplinary process.

``I'm facing a court-martial,'' Bates said in a telephone interview.

His military lawyer, Capt. Bill Burke, said a court-martial was the standard next step in such cases. In refusing the Article 15 on Friday, Bates' only other option was to demand a court-martial even though he has offered since November to resign his commission instead.

``After 13 years of exemplary service to my country, I am willing to give up my job, my rank, and everything I have worked for to avoid taking an unsafe drug,'' Bates said in a letter to the Air Force explaining his decision.

In testifying before a congressional committee in October, Bates said he became concerned about taking the shot after he found a dozen people in his squadron had ``unusual or disabling illnesses that did not exist prior to the anthrax vaccine and the causes are unknown.''

He said the conditions included autoimmune disorders, crippling bone or joint pain, memory loss, inability to concentrate, thyroid damage, liver damage and cysts around the heart.

``I can only conclude the vaccine poses an undue risk,'' Bates said in his letter.

Bates regards the shots as experimental and said a soldier's consent should be required for the vaccine. He cannot afford to get sick because he must provide financially for his wife and three children, including an autistic son, he said.

Maj. Frank Smolinsky, a public affairs officer at Dover, said the Air Force could not comment on Bates' case specifically. But he did confirm Bates declined the Article 15 punishment.

Rep. Dan Burton, R-Ind., chairman of the House Government Reform Committee, wrote to Defense Secretary William Cohen on Dec. 28 saying it appeared the Air Force was retaliating against Bates for testifying before Congress. After testifying, Bates had been told to take the vaccine sooner than other personnel, Burton said.

The congressman has asked Cohen to allow Bates to resign. On Friday, Cohen told Burton he would look into the allegation of retaliation.