Wednesday, March 21, 2012

letter from the navy

i jus got this letter from the navy, in response to my written request for re-examination of my dd214.  as of now, the reason for separation is homosexuality.

here is the full text of that letter:

dear mr. leQ
this is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.
a three member panel of the board for correction of naval records, sitting in executive session, considered your application on 13 marsh 2012.  your allegations of error and injustice were reviewed in accordance with the administrative regulations and procedures applicable to the proceedings of this board.  documentary material considered by the board consisted of your application, together with all  material submitted in support thereof, your naval record and applicable statutes, regulations and policies.
after careful and conscientious consideration of the en tire record, the board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
you enlisted in the navy and entered active duty on 31 october 1980.  you received non-judicial punishment on three occasions for an indecent assault of a male sailor aboard a vessel, disobeying a lawful order (two specifications), wrongful possession of marijuana, unauthorized absence, and wearing an improper uniform.  you were then  notified that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) characterization of service due to unfitness for non-consensual homosexuality.  you waived all of your procedural rights, including your right to an administrative discharge board (ADB).  on 1 october 1981, you received and OTH discharge due to homosexuality, and were assigned an RE-4 (not recommended for retentions) re-enlistment code.
in its review of your application, the board carefully weighed all potentially mitigating factors, such as your youth and request to change the reason for your separation.  however, the discharge should not be changed due to your non-consensual homosexual act above a naval vessel.  you are advised that under today's standards, a sailor separated for homosexuality will received the type of characterization based on his service record only if there are no aggravating circumstances, such as a non-consensual act aboard a naval vessel.  the board found you waived your right to an ADB, your best opportunity for retention or a better characterization of service.  
finally, the board believed that the only other reason for separation in your case would be misconduct, and found that this would not be remedial in nature.  in view of the above, your application has been denied.  the name and votes of the member of the panel will be furnished upon request.
it is regretted that the circumstances of your case are such that favorable action cannot be taken.  you are entitled to have the board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the board.  in this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  consequently, when applying for a correction of an official naval record, the burrden is on the applicant to demonstrate the existence of probable material error or injustice.

w. dean pfeiffer(executive director)
department of the navy
board for correction of naval records
901 s. courthouse road, suite 1001
arlington va 22204-2490
docket no 6477-11
14 march 2012

first, lemme just clarify a coupla things.  #1, sex was so consensual.  the last thing i want is a non-working partner.  and TWO.  that uniform worn by me the first day at bootcamp, on 31 october 1980, because that's all i wore back in those days. and at the time i was sporting lieutenant's bars, in green camouflage. just because the 31st was a friday, and i had to spend the whole weekend in barracks until we got our uniforms on the following monday.

but my experience in the navy is one that i wouldn't have traded God for it.  from the moment i stepped foot in that recruiter's office, across the street from the bar i dj'd at, until that day of course. i got fired for being gay in what was becoming a str8 bar.  new owners were not at all conducive to gays as a rule.  so i left the club, which was called david's...  went down the street a bit, and pulled out a joint.  i sat on a parked car and kept looking at that recruiter's office.  the next thing i know, i'm getting congratulated on the score i got on the screening tests.  they convinced me to sign up that day.  the fact that the recruiters were hot, had nothing to do with my decision.  i always dreamt of being on a submarine, and here i was, just about to fulfill that notion.

so, this was on 29 october.  needless to say, i had the only party in town on the 30th.  went to bed with my fuck buddy, and was awakened at 0600 by the recruiter, who came to pick me up to take me to the airport for my flight to orlando, the bootcamp i chose while at the recruiters' offices.

there's so much more of my navy days that i could reveal.  in time.