Subject: The Khaki Closet
From: Rich Winkel <[email-masked]>
To: Multiple recipients of list ACTIV-L <[email-masked]>
Date: Sat, 23 May 1992 15:20:24 CDT

>From NLNS  Packet 2.9  -  11 May 1992

The Khaki Closet
What you need to know about the US Military if you're gay, lesbian
or bisexual or have tested "positive" on the HIV Test.
Excerpted with permission from a Citizen Soldier Handbook

II. Advice for Gay Men, Lesbians and Bisexuals Who are Currently on
Active-duty
	Today, public opinion strongly supports the right of gay men
and lesbians to serve in all branches of the military. In 1991, Penn
and Schoen, a respected polling organization, conducted a study in
which two-thirds of those surveyed endorsed military service for
homosexuals and 81% agreed that they should not be discharged
solely because of their homosexuality.
	Newspapers in major cities across the country have published
recent editorials urging the Pentagon to eliminate Directive 1332.14-
-which bans gay men and lesbians from serving in the military.
Three candidates for the Democratic Presidential nomination,
Arkansas Governor Bill Clinton, US Senator Tom Harkin and Paul
Tsongas, a former US Senator, have all gone on record opposing the
policy.
	A number of distinguished professional and religious
associations, such as the American Psychological Association,
American Nurses Association, the American Council on Education
and the Unitarian Church, have taken public positions against the
ban. Not only does this rigid policy cause great human suffering but
it also represents a waste of millions of dollars in training costs
when GIs who are performing skilled jobs are discharged simply
because of their sexual orientation.
	Despite strong and growing opposition to its homophobic
policies, the Pentagon continues to cling to its no-gays rule.
Assistant Defense Secretary for Personnel, Chris Jehn, recently
offered the following defense to the Washington Post:
"Homosexuality is viewed by a large segment of the population as
not just distasteful, but also immoral and sinful."
	The Military can punish GIs for what they do off-base and off-
duty. A few years ago, the Supreme Court changed the law so that
military commanders can now prosecute members for virtually
anything they do--off base as well as on. Civilian prosecutors are
often happy to step aside and let military courts handle off-base
"crimes" which occur in their jurisdictions. The prosecutor for Bell
County, Texas, which surrounds Fort Hood, explained to the Dallas
Morning News why he follows this policy: "Their justice is swift, they
get them to trial quicker and incarcerate them longer."
	As part of its continuing campaign to root out homosexuals in
uniform, the military often sends undercover agents into towns and
cities, which are adjacent to its bases, in search of "wrongdoing"
among GIs. They also make use of reports by civilian police agencies
about servicemembers who are suspected of homosexual activity or
interest.

Beware of Undercover Police Agents and Informers
	In cities such as Norfolk, VA, San Diego, CA, and San Antonio,
TX, which have large military installations, the military and civilian
police have a long history of cooperation. They send agents into
clubs and discos that cater to gay men and/or lesbians. If you're
from a large city like New York or Los Angeles, it probably wouldn't
occur to you that just visiting a base-town "gay" bar could be risky
to you as a soldier--but it is!
	Undercover police and informers are usually quite skillful at
blending in with the regular customers. Any conversation or even a
turn on the dance floor can lead to an agent learning your identity
and reporting you to your military unit.
	Bars and discos aren't the only place they check, either.
Undercover police and informers also visit house parties and other
social functions where gay men or lesbians gather. One group of
airmen who partied off-base in a private home near Wiesbaden,
Germany, learned this the hard way. Unknown to the guests, one
airman who was facing trial for sodomy attended and them provided
a full report to the prosecutor. As a result, two party-goers were
arrested. One of them, a highly decorated Squadron Commander,
was convicted of sodomy and sentenced to a year in prison.
	Captain Paul Starr told the press after his court-martial: "I
thought the worst they'd do is kick me out. Never in my wildest
dreams did I think they'd send me to prison." The other party-goear,
Sergeant Ron Miller, was accused of indecency for touching a candy
cane that another party celebrant was wearing on his belt. Miller
was eventually drummed out of the Air Force with a "bad" discharge
in liew of a court-martial, which cost him a life-time pension that
could have eventually netted him $500,000.
	Gay rights organizations claim that when even a single GI
comes under suspicion of homosexuality, the military police often
will organize a "witchhunt," which sweeps up many people. One
recent "witchhunt" that occured in the Ft. Carson/Colorado Spring,
CO area, illustrates this practice.
	Military police had persuaded an Army captain that he should
help them catch other gay servicemen in exchange for leniency in
his case. Before he was done informing, at least six other soldiers
had been court-martialed and an Air Force major had committed
suicide.
	The highest ranking soldier caught up in this dragnet was
Colonel Edward Modesto, a 17-year Army veteran. He received nine
months in prison, $27,000 fine and dishonorable dismissal for
having sex with his male lover, touching his lover in a gay bar,
appearing in "sexually provocative" snapshots that were seized in a
raid on his home, and dressing in drag for an AIDS fundraising
party.
	For some reason, female GIs are three times more likely than
males to be discharged for homosexuality. In the Marines, the rate
climbs to eight times as high. Some observers argue that this
disparity exists because the military treats suspected lesbian more
harshly than it does gay men.

What to Do if You're Called for Interrogation
	Those who are suspected of homosexuality will be approached
in different ways, depending on custom and local practice.
Sometimes, suspects will be ordered to report to the military police
unit for formal questioning. Other times, suspects are invited to
have an informal "chat" with their commanding officer. In other
cases, a police investigator will drop by unannounced, ostensibly to
"clear up a few facts."
	Whatever the means of approach, you should always follow the
same course--tell them nothing. Your commander may become
angry when you refuse to discuss any allegations, but you should
insist on your legal right to remain silent.
	Police investigators are usually skillful at concealing from
suspects how much they actually know about a particular offense.
They develop this technique because many times they can use a
suspect to help build a strong case against him or herself. To repeat
the guiding principle--tell them nothing (except your name, rank
and unit).
	Under law, once someone has begun to talk, investigators are
allowed to use virtually any trick to get him or her to continue. One
trick used by some military investigators is to show a suspect a
"press release", announcing his or her arrest and threaten to send it
to hometown newspapers unless he or she "cooperates."
	The military's highest court recently ruled that once a suspect
asks to have defense counsel present during questioning, police
must terminate ALL questioning (U.S. vs. Fassler). Again it's up to
you to assert your rights!
	It's funny; everyone has seen TV shows and movies in which
suspects take "the Fifth Amendment" to protect themselves against
self-incrimination during questioning. Yet all too often, intelligent
people give investigators valuble information because they think
they can talk their way out of trouble. Investigators are skilled at
their job--you won't outsmart them by talking. Any prosecutor
knows of convictions that were won only because the defendent
volunteered information. Efforts to help yourself by cooperating and
"naming names" will only dig you in deeper and create misery for
others.
	Please don't think that there's anything unpatriotic or
cowardly about choosing to remain silent. Our Constitution
guarantees that no citizen can be forced to give testimony against
him or herself. This is an important hallmark of a free society and
helps prevent the use of torture to extort confessions.

Citizen Soldier is a GI rights organization. They can be reached at:
Citizen Soldier, 175 Fifth Ave., Suite 108, NY, NY 10010; (212) 777-
3470.