The 1st Marine Division is deferring punishment and will allow them to serve in "duties that will not . . . unduly jeopardize them or their fellow Marines," said 1st Marine Division spokesman 2nd Lt. Eric Knapp.

There are no plans to court-martial them while in Kuwait, he said.

That departs from previous Marine actions on anthrax refusal, which involved removal from deployment status and quick punishment.

It's unclear whether the two Marines have been charged, but in past years the Marine Corps has court-martialed others who refused the controversial vaccination. At least 37 service members were tried for refusing the vaccine when it was first mandated in the late 1990s.

Another Pendleton Marine, Cpl. Anthony Fusco, currently faces court-martial for the same offense, which is disobeying a lawful order.

The Marines said preparation for a possible war and a commander's judgment influence punishment decisions. The division commander is Maj. Gen. James Mattis, who led the Marine forces into Afghanistan in late 2001.

"Although swift disposition of disciplinary proceedings is preferable in most instances, it is not unusual for operational commitments to delay such proceedings, especially when . . . related to real-world contingencies," Knapp said.

A Marine spokesman at the Pentagon said the two will face punishment later.

"All Marines who continue to refuse the anthrax vaccination will be held accountable . . . for disobeying orders, eventually," said Lt. Col. Stephen Kay, a Marine headquarters public affairs officer.

One of the Marines is Lance Cpl. Kevin Lotz, a 21-year-old machine gunner stationed at the Twentynine Palms Marine base. His division is headquartered at Camp Pendleton. The other Marine's name wasn't available.

Lotz's mother, Kathleen Lotz of Arcata, said she's disappointed the Marines would punish him after he serves in a potential combat zone.

"I can't believe they would put a Marine on the front lines, fighting a war and risking his life every day, then bring him home only to court-martial him and give him a bad conduct discharge," Lotz said.

"All I can do as a mother is pray for his safety while in Iraq and trust in the history of honor the Marine Corps has."

By refusing the vaccinations, the two men put themselves at greater risk in an anthrax attack, Marine officials said. Anthrax is a deadly bacteria that the White House has said Saddam Hussein possesses and may use against U.S. troops.

"They have been ordered to take the vaccine and counseled about the necessity for protecting their bodies from the dangers of anthrax," Knapp said. "We expect them to take the vaccine and fulfill their enlistment oath."

All other division Marines have been vaccinated, he said.