http://www.boston.com/dailynews/142/nation/Military_panel_convicts_Air_Fo:.shtml

Military panel convicts Air Force physician of disobeying order by refusing anthrax vaccine

By Associated Press, 5/22/2001 00:03

BILOXI, Miss. (AP) A military panel ruled Monday that an Air Force physician disobeyed a direct order when he refused last year to take an anthrax vaccine he said could be dangerous.

Capt. John Buck, who is scheduled to be sentenced Tuesday, could receive up to five years in prison, dismissal from the Air Force and a total forfeiture of pay and allowances.

The panel of 11 officers at Keesler Air Force Base did not rule on whether the vaccine was safe only on whether Buck disobeyed an order when he refused to take it last October.

The military insists the vaccine is safe and the best weapon against biological attacks. Pressure mounted to immunize soldiers to biological agents in the wake of the Gulf War.

Buck, 32, did not offer any defense. A presiding military judge said last week he could not argue that the anthrax vaccine is an experimental and possibly hazardous drug unlawfully forced on soldiers.

''I can't say we were surprised by the verdict,'' said Buck's attorney, Frank Spinner. ''We were not able to put on our defense.''

Also Monday, Buck's commander rejected his request that he be allowed to resign under a general discharge, which is granted to those with only minor infranctions on their service record. It is a step below an honorable discharge, which is given to those with an exemplary record of service.

There are two other discharges that carry less prestige than general or honorable discharges.

Brig. Gen. Roosevelt Mercer Jr. said the Air Force should be given the full range of options when dealing with any resignation request, not just a request for one particular type of discharge.

Buck later said he was not sure whether he would now submit an unconditional resignation request to the Air Force.

Anthrax is a disease that typically afflicts animals, especially sheep and cattle. Dry anthrax spores, which can be put into weapons, can cause death in humans if inhaled.

Buck has become a key figure in the resistance to the mandatory anthrax program. He and a former Air Force major filed suit May 2 against the Food and Drug Administration and the Defense Department in U.S. District Court in Washington seeking to end the program.

-- Anonymous, May 22, 2001

Answers

Talked to my son over the weekend, and he was telling me that besides the anthrax shots and others given to all Navy personnel, he and another fellow that are in the Seal Challenge were given a lot of additional shots, he didn't know what they were for, but he said 2 they had to take in the ass were very painful...

-- Anonymous, May 22, 2001

http://www.boston.com/dailynews/142/nation/Air_Force_physician_won_t_b e_s:.shtml

Air Force physician won't be sent to prison for refusing anthrax vaccine

By Associated Press, 5/22/2001 22:38

BILOXI, Miss. (AP) Air Force physician John Buck will not serve prison time for disobeying a direct order to take an anthrax vaccine before being deployed overseas.

An 11-member panel of Keesler Air Force Base officers Tuesday sentenced Capt. Buck, 32, to 60 days of base restriction and fined him $21,000. He will also be reprimanded.

The same panel convicted Buck on Monday.

He had faced the possibility of five years in prison and dismissal from the Air Force.

Capt. Jim Winner, a prosecution spokesman, said Buck will have $1,500 taken out of his $3,656 monthly salary for 14 months starting in two weeks.

The reprimand will come in the form of a letter added to Buck's personnel file, Winner said

During Tuesday's sentencing phase of the court-martial, prosecutors asked that Buck be dismissed. For an officer, that is the equivalent of a dishonorable discharge.

Prosecutors also requested Buck be fined $2,000 a month fine for six months and receive an official reprimand.

The defense did not request a sentence, but did ask that Buck not be sent to prison.

Buck said the vaccine could be dangerous.

The panel did not rule Monday on whether the vaccine was safe only on whether Buck disobeyed an order when he refused to take it last October.

Buck's attorney, Frank Spinner, said he will appeal the ruling that the order was lawful.

The military insists the vaccine is safe and the best weapon against biological attacks. Pressure mounted to immunize soldiers against biological agents in the wake of the Gulf War.

Buck did not offer any defense. A presiding military judge said last week he could not argue that the anthrax vaccine is an experimental and possibly hazardous drug unlawfully forced on soldiers.

Also Monday, Buck's commander rejected his request that he be allowed to resign under a general discharge, which is granted to those with only minor infarctions on their service record. It is a step below an honorable discharge, which is given to those with an exemplary record of service.

A dishonorable discharges is given to those with major infractions on their service records.

Anthrax is a disease that typically afflicts animals, especially sheep and cattle. Dry anthrax spores, which can be put into weapons, can cause death in humans if inhaled.

Buck has become a key figure in the resistance to the mandatory anthrax program. He and a former Air Force major filed suit May 2 against the Food and Drug Administration and the Defense Department in U.S. District Court in Washington seeking to end the program.

-- Anonymous, May 23, 2001