-Caveat Lector-

Marine Jailed for Refusing Vaccine

.c The Associated Press


CAMP PENDLETON, Calif. (AP) - A Marine helicopter crew chief has been
sentenced to 30 days in confinement and issued a bad conduct discharge for
refusing to take the anthrax vaccination required for all military personnel.

Pvt. Eric Myers, 20, of Elbert, Colo., also was ordered to forfeit $400 in
pay.

``I stood up for myself and my health,'' Myers said after Thursday's hearing.
``I think that's a right people have regardless if they are in the
military.''

All 2.4 million active duty and reserve troops are required to get the
anthrax vaccine as protection against biological warfare. The Pentagon says
more than 40 people have reported adverse effects to the vaccine, but all
have recovered.

During the hearing, Myers took the unusual move and entered a conditional
guilty plea, allowing his attorneys to appeal a pretrial decision by a
military judge who rejected Myers' efforts to argue that the vaccine was
unsafe.

If Myers wins the appeal, he can withdraw his guilty plea and be granted a
new trial.

Myers' lawyer, Maj. Jeff Nagel, said the pretrial ruling last month gutted
the defense.

``We had no defense,'' Nagel said. ``It became a case of explaining that it
was a moral conviction (by Myers).''

The prosecutor called Myers' refusal insubordination.

``It's a matter of discipline,'' Capt. Breven Parsons. ``We don't get to pick
and choose our orders.''

In a related case, the trial of Cpl. Abel Wenning, 22, of Cobb County, Ga.,
was scheduled to begin today. He also refused to be inoculated.

Myers and Wenning, who is a helicopter airframes mechanic, are both assigned
to the 3rd Marine Air Wing.

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