November 20th, 2009
 

365 Gay: News

Board: Discharge gay NY National Guard officer


(Syracuse) A military administrative board recommended Tuesday that a National Guard officer who publicly announced he’s gay should be discharged for violating the military’s “don’t ask, don’t tell” policy.

Lt. Dan Choi would be the first New York National Guard member discharged for violating the policy against homosexual conduct, said Lt. Col. Paul Fanning, a spokesman for the New York Army National Guard.

Choi, 28, appeared in Syracuse before a Federal Recognition Board, a panel of four military officers, which deliberated four hours before deciding to recommend the Army no longer recognize him as an officer. In essence, that amounts to a discharge, Fanning said.

Choi, a combat veteran, said it amounted to firing him “for nothing more than telling the truth about who I am.”

“I’m a leader. A setback is an opportunity to keep fighting, and I’m going to do that through my actions,” said Choi, who on Sunday was a celebrity grand marshal in San Francisco’s Gay Pride Parade.

The recommendation must be approved by the First Army commander and the chief of the National Guard Bureau before Choi is discharged, a process that could take anywhere from a few weeks to a year, said Maj. Roy Diehl, who represented Choi. Until then, Choi remains an active member of the National Guard, he said.

“It’s a recommendation, not a completed act,” Diehl said, adding he hoped military commanders would reconsider Choi’s value as a soldier.

Choi likely will receive an honorable or a general discharge and could lose some of his veteran educational benefits, Diehl said.

“They are taking effective troops … and kicking them out, removing them from the force just as effectively as if al-Qaida was blowing them up,” said Diehl, who claimed the military is more tolerant of drug abusers, malcontents and adulterers.

Choi, a 2003 West Point graduate, outed himself in March in the Army Times newspaper and on a nationally broadcast MSNBC show to protest the military’s policy, which he said forces soldiers to lie.

“It’s an immoral code that goes against every single thing we were ever taught at West Point with our honor code,” Choi said at the time.

His declaration was part of the launch of Knights Out, the first association representing gay and lesbian alumni of West Point. Already, Knights Out has at least 50 members who have publicly identified themselves on the group’s Web site. Choi is the only one still active in the military.

The “don’t ask, don’t tell” policy was put in place in 1993 by former President Bill Clinton and forbids military recruiters from asking someone about his or her sexual orientation, but it also prohibits a service member from revealing if he or she is gay. About 10,500 military personnel were discharged for violating the policy between 1997 and last year, the Department of Defense said.

President Barack Obama has pledged to work to end the policy, but he has made no specific move to do so since taking office in January. The White House has said it won’t stop the military from dismissing gays who admit their sexuality.

Earlier this month, the U.S. Supreme Court turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military. The court refused to hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military’s policy while in the Vermont National Guard in 2004.

Fanning, the New York Army National Guard spokesman, said the law is the law.

“The military has no choice but to follow it,” Fanning said. “We don’t pick and choose what regulations to enforce.”

At West Point, Choi, a native of Tustin, Calif., majored in Arabic language and environmental engineering.

He served in Iraq with the 10th Mountain Division for 15 months in 2006 and 2007, leading combat patrols through a region called the Triangle of Death and serving as a translator and language instructor. He also helped rebuild schools and hospitals.

In 2008, he left the Army and joined the 1st Battalion, 69th Infantry of the New York National Guard, based in Manhattan.

The closed hearing was held in Syracuse because it is the headquarters of the 27th Brigade Combat Team, which oversees Choi’s National Guard unit, Fanning said.


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  • Morgan Said: July 1st, 2009 at 2:05 pm
    • Jessi,

      I broke up laughing. The US govern and US military should be the ones who are court martialed.

      Wouldn’t that be a turn of events!

  • Randy Said: July 1st, 2009 at 1:43 pm
    • “The military has no choice but to follow it,” Fanning said. “We don’t pick and choose what regulations to enforce.”

      You know, I don’t believe that for an instant. There are so many laws on the books, they can’t all be enforced. Someone has to choose which ones are worth spending money on. That’s true for the military just as it is for any other agency.

  • Blue Jack Said: July 1st, 2009 at 1:39 pm
    • Once again Obama stands by and does nothing. Lt. Choi is a true American hero. More so than Obama. I don’t think I’ll ever get over the fact that Obama so easily took the Gay Community for a ride! Please don’t say it would be worse with McCain. It wouldn’t be any different. At least McCain didn’t lie.

  • SurferRosa Said: July 1st, 2009 at 1:01 pm
    • Barak, this is a direct reflection on lack of equal rights!! Forget DADT singularly; it’s all the same thing! Let us do what everyone else can! Because if there’s a WWIII, we gays, if not nuked along with you, will regrettably say, “Told you so…”. Lack of equal rights leaves us vulnerable and opens up our country to multiple threats. Wake up!

  • David Daniels Said: July 1st, 2009 at 12:36 pm
    • This story is so sad to me. What are we doing kicking out qualified Arabic translators…because of who they love? Makes me scratch my head in disbelief.

  • nurmi Said: July 1st, 2009 at 11:59 am
    • A West Point “Honor Code” – who knew? A line of work that involves learning how to kill person-to-person as well as “from a distance” – well, how honorable is that?

  • Wayne M. Said: July 1st, 2009 at 11:58 am
    • Any government that requires people to lie in order to serve the country as a responsible citizen is a country that is failing. “Don’t ask; don’t tell (just lie) is immoral. Lt. Choi, by his honesty is acting in the tradition of men like Abraham Lincoln and George Washington.

  • Robert, NYC Said: July 1st, 2009 at 11:51 am
    • So, Mr. President, do you have anything to say about this? Not even as a gesture of good will? Absolutely spineless.

  • Jessi Said: July 1st, 2009 at 11:26 am
    • “US government and US military shooting itself in the foot again.”
      isn’t a self inflicted injury a court martial offense?

  • Morgan Said: July 1st, 2009 at 11:17 am
    • Dereliction of duty to country, to the military and to mission is what this tribunal is guilty of.

      How is the US military going to be effective if all its Arabic, Farsi, Dari and Pashto speakers (who are not natives of those lands where those currently important languages are spoken) are dismissed for being gay?

      These languages are not commonly spoken in the US except by those who are Arabs, Afghans, Iranians, etc.

      US government and US military shooting itself in the foot again.

  • James Withers Said: July 1st, 2009 at 11:16 am
    • Jeff,

      Thanks for pointing that out. Made the correction.

      Sincerely,

      James

  • Michael W Said: July 1st, 2009 at 11:16 am
    • I commend Lt. Choi for his bravery and honesty. What I question is the gay community at large. This past weekend as we walked the parade route of our local Pride and marvelled at the 200K people in attendance, we couldn’t help but wonder why they will show up for a parade and party but not a protest? There were several booths with petitions to end DADT or supporting Marriage Equality etc. people just moved on by without taking any action. If we as a community want CHANGE we have to be willing to follow Lt. Choi’s example even at personal cost to us. Aren’t our civil rights worth the cost a a flight or hotel stay to march on Washington to send a message? Our GLBT leaders applauded the Prez when he said we have to be patient to get our rights? What type of leadership is that? 40 years of fighting isn’t enough? The apathy in our community is our biggest enemy in my humble opinion.

  • equalnotspecial Said: July 1st, 2009 at 11:02 am
    • The primary purpose served by DADT is to perpetuate the very prejudice and discrimination it was designed to indulge. It must be repealed and replaced with a non-discrimination policy. As long as it exists, it teaches that discrimination is acceptable. As long as our government teaches discrimination to new recruits and the general population, we will not be able to achieve full legal equality. The use of our tax dollars to teach discrimination against us must end. Repeal and replacement with a non-discrimination policy should be a priority for the gay population.

  • Jeff Said: July 1st, 2009 at 10:58 am
    • good to know that the writers “oversea” their mistakes here

      The closed hearing was held in Syracuse because it is the headquarters of the 27th Brigade Combat Team, which overseas Choi’s National Guard unit, Fanning said.

  • JRjr Said: July 1st, 2009 at 10:52 am
    • So, Barak… Are you listening? …..

      …………..

      …………………

      No, I guess not.

 
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