Review ordered for anthrax vaccine refusers

Review ordered for anthrax vaccine refusers

By William H. McMichael - Staff writer
Posted : Saturday Apr 26, 2008 7:23:17 EDT

A federal judge’s decision could lead to clearing the records of military personnel who refused to take mandatory anthrax shots between 1999 and 2004.

Judge James Robertson of the district court for the District of Columbia admonished the Air Force Board for the Correction of Military Records, which had rejected a petition by two former Connecticut Air National Guard officers for compensatory relief for back pay and lost promotions after they claim they were forced to resign for refusing the vaccine.

The plaintiffs, Thomas Rempfer and the estate of the late Russell Dingle, based their appeal on a separate anthrax vaccine lawsuit.

Robertson said the Air Force records board mistakenly characterized that lawsuit as a victory for the government, when it was not, and cited that conclusion in rejecting the petition.

The board is a civilian entity empowered to review Air Force records “when necessary to correct an error or remove an injustice.”
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