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.

sincerely

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
bjg
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.

dd214 request

i just sent in a request for a copy of my dd214.  it was free.  and it'll probably take 3 weeks.  but who knows, i might get it before the 5th.  hopefully.  anyway, my confirmation number is 1-10133756801, and it was done here --->  https://vetrecs.archives.gov/VeteranRequest/home.asp

UPDATE: from my trial information

UPDATE 11/12/11:  well, now it's set for 12/5.  @ 11. and i should take my bag with.  they had better not give me 2 years.  like my lawyer said.  time to call on God.

UPDATE 9/23/11:  my lawyer's secretary tells me today that trial date is set for 9/29 @ 9.  my heart started in

overdrive.  i don't know what to think about it.  it's like i need to cover my bases in case they take me away right away.   i doubt they'll do that.  if they've got ANY compassion.  but who knows.  only the judge knows.  and i hear that i drew a good and fair judge.  she's fair in all respects.  so long as you're not trying to dupe her.  respect.  like i've always said.

UPDATE 8/29/11:  my lawyer tells me that their offer of dropping it down to 2nd, and 7 days, IN JAIL.  she didn't accept that, and frankly, neither did i.  i did manage to get 2 more supporting affidavits, another one from johnson, and one from my driver...  who knows, i may beat this yet.  wouldn't THAT be something.  i wonder if their fears about this case (everyone is now gonna claim sleepwalking).  no decision has been made yet, and to my knowledge theresa is still negotiating with him.  hopefully i'll hear some thing this week.  i hope i get some lead time should we go to trial.

i've gotta face an OWI 3rd in july. the trial information has given me some data that i have been wanting for a while. history of criminal activities. arrest record iow.

way back in 75, 12/14 to be exact, i was charged with taking a vehicle without the owner's consent, and interstate transport of a stolen vehicle.

then in 1988, on 4/29, i was arrested in san francisco for PC-force/adm not firearm: gb:I likely dispo:pros rel-det only/vic unaval/decline pros

and i also found out my name back in the days - i was nehemiah mahbuballah mahana. it's a long story. going back to marshalltown and hashem ghoulem abdullah. and omid kahkesh. the only two people i truly fell head over heels over. anyway, back to the paperwork the county attorney was kind enough to disclose. there's a limit of six years, not twelve. unless i see differently, the legislature could have increased that. i'll have to check the web. anyway, i was nehemiah for about 5 years. nick for short (nick as in nickname).

then back in 79, 3/8 to be precise, NYSP (new york state police & not the customs agents) stopped me coming back from montreal on the train, with 'stolen' credit cards. never got anything but released. i was a pretty convincing pretty boy back then. it was like i could talk my way out of anything. anyway, i had the cards from a trick of mine in chicago. really forgot that i had them. i know i used one of 'em once, to fly from mason city to new york for new years. got by with that.

but back to nick's trouble in '75, that was due to my infatuation with this fare i picked up in dees moines. i drove cab at the time. and he somehow convinced me to move to hawaii with him. hell, how could anybody much less me, say no to such a hottie. he was supposedly from hawaii and had lots of 'people' out there waiting for him. so we did our best to get to las vegas. he ends up disappearing for a few hours, and finding me with his 'new car'. i should have known it was stolen. but the plan was to drive to LA and catch a boat out to hawaii. i think the best thing that happened was when he got stopped for speeding on the 405 in orange county. we were there over christmas, and extradicted back to las vegas. i somehow got off of all the charges - again, my ass was in fine shape back then. anyway, i don't know what happened to the other kid. he kinda disappeared.

so that takes me back to vegas in early 79, which sounds about right. i stayed in vegas for about three months that time - before me and 2 other hispanics decided to thumb it to new york, and get famous. so, still in vegas, i worked as a houseboy to some fatcat out west of town. gave me a car to use, a chrysler cordoba (remember them?) to drive around in and everything. place to stay. pool to enjoy. i was living high on the hog during that time period. something that i wasn't used to, hitchhiking from the west coast to the east coast like it was a trip across town.

some of you have asked, how did it all start. well, i'll tell ya, it was back in 75 when i was in des moines, working for blue cross/blue shield. i went to the bathroom one day, and never went back to my desk. i was out on the interstate in less than an hour, with everything i owned. where i went, i couldn't begin to tell ya. out west i'm sure. i always had good luck hitching around california. it was like they were a different breed out there.

had i gone into the seminary like i wanted...

i would have probably been kicked out of the church, and excommunicated for my outspoken nature. i'd be a good confessor tho. shit, with the knowledge i have of other crimes and criminals, i'm surprised i'm still alive. most people who know what i know, are dead. or still sucking at the teat. no, i would be a good confessor had i not left the church.

i remember as far back as kindergarten, that i wanted to become a priest. i used to play mass at home, getting all dressed up in towels and sheets. the robes were so magnificant i remember saying to myself. i remember when i took first communion. i was in first grade. old enough to know that i loved cock, and i wanted to become a priest so i could have a chance at being the first American pope. my mother, i remember, always used to ask what she would do with a pope in the family. i thought it was kinda funny. mommy was so silly thinking that i, a boy from iowa, could become the first American pope. i think what mommy didn't know was that i thought of the pope as blessed and sacred as jesus christ was. that he was indeed god's representative on earth.

Walking Down Memory Lane @January-1970

I remember sitting in class one January morning. the year was 1970, we were still newcomers to Manly Iowa. since we were coming from 10 miles away, it didn't seem to be a 'newcomer' paradise, but rather an 'out in the country' experience. i still had to make new friends, and new study buddies. that in itself, was rather fun. the eye candy in manly was certainly desireable and quite obtainable. maybe it was my youth that got me through the zippers. whatever it was, i don't have it now.

anyway, um, back to january 1970. we've been in town for 6 months, and i made a few friends, or so i t hought they were my friends. they were countable on one hand. but january 1970 was the time i was sent away by the court in worth county. why? because i 'stole' 35 cars. it wasn't really stealing, it was more like borrowing, because i always returned the vehicles with more gas in them than when i borrowed them. it even made the town's weekly newspaper, the signal. i was dubbed 'the gas bandit' and for a couple of weeks, i was famous (your name in the paper made you 'famous'). but it all came to a screeching halt when i had a flat tire one night out on highway 9. see, the problem wasn't that i had a flat tire, no. the problem was that i was driving the town cop's car.

it was like an addiction. taking my parents' 59 buick special out for a 2hr ride around north iowa @ 2am was simply just good ol' country boy fun.

that car made it through two worth county fair demolition races. the first time earning a big friggin trophy. i had nothing to do with this event, but it brought smiles to my face when i heard about it. i KNEW ol' betty, so named after my aunt in northwood,

no, i was sittin behind locked doors,from jan-aug of '70, i spent that time in durand illinois. the boys farm school. i don't know what it is now. i think it's still a school. i think the BFS was a private concern, not run by the state. i know when they transferred me out of BFS to a place in eldora iowa, only this was the state run vocational school for 'wayward' boys. 99% of the kids in eldora were court ordered. i'm not sure what role the court played in all of my commitment. certainly they had the last say.

but ol' betty served me many a good times. both in manly, and in surrounding towns, mainly mason city. i'm real surprised that no cop ever thought of stopping me. i was big for my age, i know that. but still. a kid no older than 13.5, out at 3am? c'mON. even in 1970, that had to raise a few eyebrows, no? i'm afraid the only ones that can answer that are in the ground, god bless their souls. ayup, betty got me a lot of dick too.

 that was when i started my affair with the town cop. i would sneak out, and when i got done driving, i would park the car, and walk back into the yonder in this little house alongside the lumber yard. can't remember his name right off hand, but i ended up getting sent away after i got caught with his car out on hwy 9 with a flat tire. the guy who stopped me turned me in, i jus know it. from that day on, i knew two things in manly iowa: one - they's a decent bunch of horndogs in manly iowa. and two - they never got the best if they aint had me. i was a out and proud even back in 70, the first year of gay liberation. stonewall happened on my 13th birthday, 6/27/69.  those numbers are golden.  6(2+7) 69.  like gaga sings, i was born this way.