Guest guest Posted December 17, 2002 Report Share Posted December 17, 2002 Amy, ..> i am a PFC in the us army.. tomorrow i will be given the anthrax ..> vaccine.. i plan to refuse, i want to know what will happen to me, ..> what i should know, and what could help in my defense.. i am a ..> female, if that is any sort of information, have been in for 2 1/2 ..> years, and have around 9 months left in service.. i have had a ..> perfect service record before.. what can i do? help and advice, ..> please? First, see if you can get out legally without having to get the anthrax immunization. If you have any significant illnesses at present -- old injury or disease or disorder that impairs you in any way and it was NOT self-induced for the purpose of your becoming disqualified or was otherwise " illegal " in any other context -- you can request a Fitness-for-Duty MEB/PEB designed to either result in your being physically disqualified for continued military service or non-deployable outside CONUS. This works even for conditions existing prior to your joining the Army that were exacerbated by military service. (See the regulations for guidance.) It's not much of an idea but it's an idea. Consult a civilian attorney first. Officially, the order to get the anthrax shot is still considered legal. If you refuse to obey it you'll get whatever the Army wants to throw at you for disobeying a legal order. Consult a civilian attorney first. If you're wealthy enough, you can take the DOD to court about the legality of the order. This will take several years and several thousands of dollars, but with a good attorney who know his way around the errors in AVIP, you should win for yourself and all those who sue DOD on the same grounds afterwards. Consult a civilian attorney first. If you take the shot, monitor your health carefully. Be sure you keep copies of ALL your medical records, including laboratory tests and x-rays. Document the dates you get all your shots and the dates you reported to sick call for local or systemic reactions to them. When you get sick enough to present unmistakable physical signs of your anthrax-induced autoimmune disease to your Army physician, get a diagnosis first and then request a Fitness-for-Duty MEB/PEB. If they let you separate rather than giving you the Disability Retirement you have coming to you, be sure that within four months of your separating from active duty in the Army that you get a Fitness-for-Duty MEB/PEB. A separation physical alone is never enough. YOU MUST GET THE PRE-SEPARATION MEB/PEB. This guarantees that the Army knows you're sick and if they don't give the 100% Disability Retirement you deserve as a sick anthrax shot recipient, you can take them to court once you've separated to get all the benefits you have coming to you. It also makes it automatic to get VA Service Connection for your illnesses after you separate. Consult a civilian attorney. I know this wasn't very helpful, but it's where things stand now. Nevertheless, it's kind of generic in the sense that it's applicable to all. Best of luck, ======================================================================== ======== The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is its natural manure. -- Jefferson ======================================================================== ======== Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.