Marine who refused anthrax vaccine convicted of disobedience

Marine who refused anthrax vaccine convicted of disobedience

By LINDA DEUTSCH

LOS ANGELES (June 18, 1999 7:49 a.m. EDT http://www.nandotimes.com) - The first of five Marines to be court-martialed for refusing to take the anthrax vaccine was convicted by a military judge of disobeying a lawful order.

Lance Cpl. Jared Schwartz, 20, of Henderson, Ky., was sentenced Thursday to 30 days in the brig and given a bad conduct discharge. He plans to appeal.

"This case is bigger than just myself," Schwartz said in a statement he read in court at the Twentynine Palms Marine Corps Air Ground Combat Center. "I stand here today representing every member of the service who wishes to challenge the anthrax vaccine program."

A number of service personnel have refused the vaccine due to questions about side effects including sterility.

Defense attorney Mark S. Zaid wanted to call medical witnesses to question the vaccine's safety and necessity. But he was rebuffed by the military judge, Lt. Col. Ken Martin, and ultimately called no witnesses.

From the start, the Marine Corps saw the case as a matter of military discipline.

"Today's ruling reinforces the fact that the order was lawful, the vaccine is safe and there is a real threat out there," said Lt. Vincent Bosquez, public affairs officer for the base.

The Pentagon says more than 220,000 members of the military have been immunized and about 200 have refused, including four more Marines who face military trials at Twentynine Palms. The next case starts Monday.

Forty-two of those who had the drug reported adverse effects, and seven had to hospitalized or take a sick day. All recovered from complaints including soreness, rashes, headaches and fevers.