Fusco faced a court-martial this month, which could have resulted in a bad conduct discharge and a year in military prison.

The 22-year-old Marine switchboard operator said yesterday he changed his mind because he became frustrated after the war in Iraq began that he couldn't serve. He also decided that negative discharge could end his dream of becoming a civilian police officer.

"When I refused it, we weren't fighting a war," said Fusco, whose regular unit, the 9th Communications Battalion, sent many members to the Persian Gulf. "I just couldn't stand sitting here and watching all this stuff go on."

The Santa Clarita native was scheduled for a summer deployment with the 13th Marine Expeditionary Unit, but was pulled from the lineup when he refused the vaccination in December.

The Marine Corps issued an order three months earlier mandating anthrax vaccinations for troops headed to the Middle East or Asia.

The order restarted a controversial program from the 1990s that largely went dormant because of low vaccine supply. Originally, the Pentagon planned to inoculate all service members against use of bacteria as a biological weapon.

At least 37 military members were convicted at courts-martial in the late 1990s for refusing the shot, based on fears it wasn't safe, although the Pentagon has insisted it is.

Fusco took the shot about two weeks ago, he said. He's suffered no health effects, but the concerns that made him refuse initially were about possible long-term problems.

A Camp Pendleton spokesman confirmed yesterday that the court-martial against Fusco is off and that the matter will not be handled as a criminal case.

"In lieu of a judicial proceeding, the command and Cpl. Fusco have elected to address this issue administratively," said 1st Lt. Dan Rawson.

It's not known if Fusco will now be deployed.

He said he was told he might receive a written punishment and lose rank because of his initial refusal.

Fusco said he still believes the shot isn't safe or appropriate.

But, he said, his enlistment is scheduled to end within a year. With the honorable discharge he now expects, he wants to apply at the California Highway Patrol.

"I have to worry about my future, and I still want to be in the CHP," he said. "I'm going to take this route so I still can."