THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, May 11, 1996 TAG: 9605110337
SECTION: FRONT PAGE: A2 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: SCOTT AIR FORCE BASE, ILL. LENGTH: Medium: 59 lines
An Air Force sergeant from Hampton was demoted and sentenced to 14 days of hard labor Friday for refusing to give a blood and saliva sample for a DNA registry designed to help identify servicemen's remains.
Tech. Sgt. Warren Sinclair, 33, became the third serviceman this year to be convicted at a court-martial of disobeying an order to provide such samples.
Sinclair had claimed that the requirement violated his Fourth Amendment protection against unreasonable search and seizure. He also declared: ``It is our God-given right to maintain possession of our genes.''
He contended that the Pentagon did not have adequate safeguards to prevent the DNA from being used for other purposes than the identification of remains. Prosecutors disputed that.
Some experts have warned that genetic information that can indicate whether someone is susceptible to certain diseases could be used to deny people insurance or employment.
Sinclair was demoted two ranks and sentenced to hard labor without confinement by the military judge who found him guilty.
He could have received a bad-conduct discharge, six months' confinement at hard labor, and forfeiture of two-thirds of his pay. He said he would appeal.
``I'm kind of indifferent to the sentence right now,'' he said. ``I feel like we basically have irreconcilable differences and I'm trying to resolve it through some kind of administrative discharge.''
In closing arguments, prosecutors warned Sinclair was a threat to military discipline.
``The military ordered B-17s to make daylight bombing raids over Germany during World War II with a 70 percent casualty rate, but this accused won't provide a blood sample,'' said Capt. Joe Pinjuh, a prosecutor.
Defense attorney Eric Seitz likened the 14-year veteran to a conscientious objector. ``There are certain orders that are illegal. There are certain rights that people can uphold,'' Seitz said.
The Pentagon began ordering genetic samples in 1993. It now has more than 1 million samples.
Sinclair testified that ``not in my wildest dreams'' did he expect to have to give a DNA sample when he enlisted in 1982.
Dr. Paul Billings of Stanford University's medical school testified that the program could not guarantee a serviceman's DNA would not be used for other purposes. But he acknowledged under cross-examination that he knew of no instances of misuse by the Pentagon.
Last month in Hawaii, two Marines were convicted at Kaneohe Marine Base of refusing to give blood for the DNA registry. Cpl. John C. Mayfield III of Dallas and Cpl. Joseph Vlacovsky of Canton, Ohio, got letters of reprimand and were ordered restricted to the base for seven days. ILLUSTRATION: Photo
Sgt. Warren Sinclair
by CNB