Article Marine Jailed for refusing anthrax

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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. 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.

AP-NY-08-13-99 0716EDT