Don't Ask, Don't Tell Repeal: Gay Military Members Have Tough Time Returning To Service

[BackToThe60s]

Source: HuffPost

SAN DIEGO -- Former Air Force officer Michael Almy's five-year battle to get back into the military after being discharged for being gay is still far from over despite the end of the policy that halted the decorated war veteran's 13-year career and left him curled up on his bathroom floor, crying.

The repeal of "don't ask, don't tell" coincides with the most competitive time in recent history to get into the military because of the sluggish economy, and the Defense Department says it has no plans to give priority to those discharged for being gay, even if they still meet the military's age limits, fitness standards and cutoffs for time out of service.

Many, like Almy, a 41-year-old former Air Force major, see the only way back to active-duty as being through the courts.

He and two other discharged officers – one from the Air Force officer and one from the Navy – are suing the Justice Department to demand they be reinstated, and they hope a federal appeals court will help their efforts by upholding a lower court ruling last year that declared the law unconstitutional.

Read more: http://www.huffingtonpost.com/2011/08/13/dont-ask-dont-tell-repeal_n_926305.html

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How many times is this shit supposed to be "over with"? I thought it was done months ago!

[onehandle]

1. No. Not even close to over. nt

[cstanleytech]

2. It wont be over for a long time and you can bet

with almost 100% certainty that any republican administration will do all in their power to at the very least delay it longer if not outright kill it.

[MADem]

3. They won't win, I don't think.

A few reasons:

The discharge at the time was legal. The military may have acted without common sense or compassion, but they were entirely within the law. Just because the law was subsequently seen as unconstitutional, it wasn't the military's 'job' to have a crystal ball and know that.

The military doesn't need middle-aged people who command higher salaries. Majors? Hell no. Corporals? Hell yes. They want young kids, who aren't costing them a fortune in salaries, medical care (the older you get, the more you need), dental care (same deal), and family support/services. The field grade/senior officer ranks are clogged like the sink in a greasy spoon. There's no movement there.

I think they'd probably do better if they tried to sue for some kind of variation on the TERA pensions of the nineties. When there was a large drawdown in the nineties, a lot of people were offered Temporary Early Retirement, and they got a smaller pension for leaving early. If they tried for something like that, they might have a bit more luck--and be given a choice of either a lump-sum severance or a smaller monthly pension.

If they're smart, they'll look around and try to find a lawyer in private practice who served in the upper echelons of the JAG CORPS (and by that, I mean Flag/General, not some major/LCDR or LCOL/CDR). Those guys (and they are pretty much guys), especially if they are still working in/around the Beltway, are still very wired into the military-Congressional scene. That's helpful when you're going after the Services over personnel issues. See, the Services have lawyers a-plenty, and they are champions at delay, distract, distort. Someone who has played the game at the upper levels understands how to negotiate and get a deal. Downside? Those guys are not cheap. They cost a bundle. They have good track records, though--you get what you pay for.

I doubt they'll be successful at reinstatement, especially as we're on the cusp of another contraction in personnel assets, and USAF and USN will be on the leading edge. This Congress (with the legislation initiated in the House) is not about to adjust endstrength figures for those purposes, I don't think.

[nevergiveup]

4. The repeal of DADT

did not end homophobia in America and especially in a very entrenched military. It is important in that it began a process and the beginning of a means for justice but we still have a long long ways to go.

[LetTimmySmoke]

5. Leaders talk of how the military is overstreched, and how they need more of this and that.

And these men and women have to sue in federal court to get reinstated. What fucking irony.

[pasto76]

6. so a major obstacle may be if any of them were discharged under other than honorable conditions

It is now legal to be gay in the military(ok at the end of the 60 days after it was "certified"). At the time of said discharge, it was not. I know the Army is very specific about such matters. Ive seen similar reasoning used to punish or deny this is that. Like, we even had a go of "well, CAB did not exist at the time of your enemy contact, so you are not eligible..."
Same thing maybe about their ages.

It would be nice if they could sue, akin to a civil suit, for lost wages, pension and other benefits. It's shameful. We will be cleaning up this mess for the rest of this generation.

sgt p

[Tx4obama]

7. President Obama and the Joint Chiefs of Staff signed the certification last month ...

the 60 day waiting period does not expire until in September.

Why is this OP being posted to bash President Obama, the democratic president?