Vaccine Refusal Puts Officer's Career on the Line

Stephan Archer

February 10, 2000

Everyone in the military knows you don't refuse to obey an order, but that's just what Maj. Sonnie Bates has done.

The United States Air Force officer risks a possible court-martial for refusing to be inoculated with a controversial vaccine for anthrax. Bates has put his career of more than 13 years on the line to avoid an inoculation that 2.4 million U.S. armed forces personnel have been ordered to receive.

Bates told NewsMax.com he wouldn't think twice about taking the anthrax vaccine if the nation were at war, but with the nation free from the worries of war, the officer has decided to challenge what he considers to be an unlawful order.

Ever since his 7-year-old son Seth came down with autism, Bates and his wife have been wary about vaccines. Born without any signs of the ailment, the child became autistic soon after the vaccines he received at 18 months. But refusing to get inoculated for the anthrax vaccine was a decision he made only after some very recent events last year.

"Shortly after I was assigned here [at Dover Air Force Base] in August of 1999, I became aware of several people in my squadron that were appearing to suffer from adverse affects of the vaccine," Bates said. "I did a further investigation and found that about five percent, or 12 people out of 250 in my squadron, were suffering from short-term health effects of the vaccine. And that was just a really quick and informal type of investigation. It was just people I met in the hallway."

Bates first started noticing something "wasn't right" at Dover during September of last year and told his squadron commander about his concerns about taking the vaccine. Bates said the squadron commander told him to research the issue further. However, he said he would have to court-martial Bates if he decided to refuse the vaccine.

Regardless, Bates researched the issue and began noticing some of the officers at Dover were suffering from symptoms not unlike those related to Gulf War Syndrome. The symptoms included autoimmune disorder, thyroid damage and seizures.

Bates said he told friends about his concerns regarding the vaccine, and they concurred. Some experts in the medical community agree with Bates as well.

"The anthrax vaccine in use remains unproven in its ability to stop a lethal dose of weaponized Bacillus anthracis spores [anthrax], and there are questions about its safety," said Dr. Garth L. Nicholson, president and chief scientific officer at the Institute for Molecular Medicine in Huntington Beach, Calif.

Dr. Meryl Nass, who practices internal medicine at Parkview Hospital in Brunswick, Maine and has 11 years experience with anthrax, agrees with Nicolson's assessment. She questions the military's stance regarding the vaccine.

"The Department of Defense has confused the facts about the safety of the anthrax vaccine," Nass said. "They keep changing the numbers as to what the adverse effects rate is."

Nass added that she believed that out of all the servicemen who were inoculated with the anthrax vaccine at Dover, as many as 120 of them have thus far come forward with complaints.

"It's always nice when people who aren't stationed here comment on the facts here," said Maj. Frank Smallnsky, chief of public affairs at Dover. "More than 1,500 members of the 436th Airlift Force have been vaccinated with the anthrax vaccine. That equates to more than 5,000 inoculations. Of that number, only 70 active duty military personnel have reported a symptom that they believe may have resulted from the anthrax vaccine."

Smallnsky admitted some minor reactions to the vaccine have been confirmed, including minor fever, rash, redness in the eyes, and general soreness at the point of inoculation. The 70 servicemen complaining of symptoms have been medically examined, and none of the symptoms were linked to the vaccine, Smallnsky said.

"I do not see any symptom or symptom complex that would raise any undo concern on my part," said Dr. Gregory A. Poland, head of the Mayo Vaccine Research Group in Rochester, Minn. "The work of and investigation of these vaccine concerns appears to be appropriately thorough and well done. Given this work-up and its findings, I see no reason for any change in the current anthrax immunization policy as it applies to the reservists and active-duty personnel involved in this particular investigation. I see no cause for undo concern and recommend continuation of the current policy."

Though Poland heartily encourages the continuation of the vaccine program, it was temporarily put on hold earlier last year when former Dover wing commander, Col. Felix M. Grieder, suspended anthrax vaccinations at the base. However, when Grieder's assignment at Dover ended in July of last year, he was replaced by Col. S. "Taco" Gilbert III, who strongly favors the vaccine program.

Bates said the timing of Grieder's transfer and Gilbert's installation was "very convenient," and he looks on Grieder's transfer to a new job at the Pentagon with suspicion.

"The timing of it didn't look right and the fact that he went to a job that wasn't a move up was definitely an eye opener," Bates said.

"He [Grieder] went to the Pentagon to work under a general as a director for a certain office," Bates added. "It gave the appearance that this guy rocked the boat. A new wing commander came in, and the new wing commander is 100 percent anthrax."

Last Oct. 12, Bates testified before Congress regarding the findings he had made. More than a month later, on Nov. 18, he submitted his request for resignation to avoid any hassles regarding his own vaccination.

"He was willing to walk away from his 13.5 year career, his pension, his military medical benefits, his only source of financial support for his family -- he was willing to drop it all if they would just let him walk away," said Bates' attorney, Capt. Bill Burke.

About two weeks after his resignation request, on Dec. 1, Bates was ordered to take the shot.

"Instead of processing that request -- sending it up to the secretary of the air force with an approval, they waited until they gave him the order," said Burke. "They waited for him to refuse, and then they marked on the form that he's got misconduct on his record now."

"This is retaliation," Bates said pointing to his testimony before Congress.

Smallnsky pointed out, however, that only charges have been made against him. There have been no convictions.

"One thing we need to emphasize throughout this process is that Major Bates is innocent until proven guilty," Smallnsky said. "There has been no decision at this point of whether or not these charges are to be dismissed or they will result in a court-martial."

Commenting on the military justice system, Bates said, "If there is any justice in this military court, I will win. When a member joins the military, that doesn't mean he waves all his constitutional rights. [They] are the basic essentials of being an American."