"It's a landmark case," said University of Hawaii geneticist Rebecca Cann. "You don't give up those rights just because you go into the military. ... This issue of DNA testing goes far beyond the military."
The Marines will leave the service with an honorable discharge, college benefits intact and without having to give blood and saliva samples.
A court-martial found them guilty yesterday of disobeying an order last year to donate blood samples as part of a pre-deployment requirement.
Lance Cpl. John C. Mayfield III, 21, of Dallas and Cpl. Joseph Vlacovsky, 25, of Canton, Ohio, were given a written reprimand and confined to their quarters and workplace for seven days.
Defense attorney Eric Seitz described the verdict of Cmdr. Peter Straub, the presiding military judge, as a "slap on the wrist." Seitz had argued that the military's DNA registry program as originally drafted was unconstitutional.
The effects of DNA sampling can spread to everyday life, geneticist Cann said. For example, DNA samples could be used by health maintenance organizations to weed out those with "risky" genes as a cost-control measure. "People have already been denied employment, denied health care," she said, adding that 11 states have passed legislation protecting citizens' genetic rights.
"This is a powerful technology," Cann said. "It's potential for abuse is so extreme."
Medical ethicist Kenneth Kipnis, chairman of the University of Hawaii philosophy department, saw yesterday's sentencing in historic terms. "It's the first highly publicized case regarding the standards for long-term DNA storage. I think it's wonderful this issue's been thrust into the national spotlight. We've already seen the military trying to do right. vxxx It's less likely that other DNA collection programs will make the same mistakes."
Those mistakes, he said, included "not being completely clear who would have access to the samples," not "thinking through" what the samples could be used for and who would be notified upon their use. "It's impossible to imagine how these samples will be used in 75 years."
Cann and Kipnis, who were defense witnesses during the two-day trial, praised the two Marines for standing up for their convictions.
"I think they were very courageous," Cann said. "They had everything to lose."
The Marine Corps is collecting the DNA samples which would be used as "genetic dog tags" to help with the identification of battlefield casualties.
Mayfield and Vlacovsky are the first Marines believed to have refused to turn over blood samples for the 4-year-old DNA registry.
Capt. Scott Peterson, Marine Corps prosecutor, requested the maximum punishment of six months' confinement in the brig at Ford Island, reduction in rank and a bad conduct discharge.
Capt. John Milliman, Marine Corps Base Hawaii spokesman, said Straub's verdict "validated the concept of good order and discipline vxxx and we are happy that process worked."
Milliman said the sentence is "fair."
Vlacovsky's term of enlistment expired March 31 and he will probably be processed out of the service without having to serve his confinement, Milliman said.
Mayfield, eligible to be discharged on May 28, said he plans to see his family, whom he hasn't visited with for two years, then use the $1,200 he has accumulated in GI bill benefits to return to college.
He hopes to pursue an English degree.
Vlacovsky said he believes that he made "the right choice" when he refused to give the military a blood sample.
Seitz pointed out during the court-martial, which lasted for two days on the Kaneohe base, that the two Marines were responsible for changes to the program which now allows servicemen to request to have their DNA samples destroyed once they leave the military.