Anthrax Vaccinations Survive Court Test
On September 29,2009 a federal appeals court in Washington DC upheld the DoD program that requires some military members to be vaccinated against anthrax citing valid scientific analysis by the FDA. The defendants in the lawsuit failed to provide proof of the negative effects of the vaccine. DoD has published policy in December 2006, defining the requirements for the mandatory vaccination.
Mission Essential Members
All active duty, selected reserves, and emergency-essential or mission-essential US government employees, contractors and contract Mariners who are in the USCENTCOM area of responsibility for a minimum of 15 consecutive days or on the Korean Peninsula, are required to take the series of six shots plus annual boosters.
Failure to Comply
The Services issued guidance in February and March 2007, defining the specific procedures for their branch. The Army policy specifically states that those members in the mandatory category who refuse to take the vaccine first requires counseling to the member and then charging them under the under UCMJ Art 92 for failure to obey an order. All military members and emergency-essential government civilians can be disciplined for failure to take the vaccine. Mission-essential contractors will be removed from their duties in the forward locations.
Military Justice Charges
The military service members who brought the appeal to the federal courts have not decided whether or not to continue the appeal to the next level. In the meantime, any military member who refuses the vaccinations prior to deployment to OIF/OEF will be prosecuted under the UCMJ.
Tags: anthrax, Article 92, court-martial, DoD policy, Failure to Obey, military, Puckett Faraj
