Subject: IS `DON'T ASK, DON'T TELL' WORKING? DEPENDS WHO YOU ASK

From: Song Weaver <[email-masked]>
Date: Wed, 8 Jun 1994 22:40:00 EDT

Army Times 06-13-94 Issue

IS `DON'T ASK, DON'T TELL' WORKING? DEPENDS WHO YOU ASK

By Neff Hudson

WASHINGTON - Depending on who's doing the telling, the Pentagon's policy
on homosexuals is either an early success or an overnight failure.

For Defense Department officials, the "don't ask, don't tell, don't
pursue" policy appears to be working. As evidence, they contend that the
number of discharges for homosexual conduct has declined steadily for the
last three budget years.

In 1993, 682 service members were discharged for homosexuality, compared
with 708 the previous year and 949 in 1991, Pentagon statistics show.

Officials say debate about gays in the military also appears to have died
down in the field, where some soldiers, sailors and airmen once
complained loudly about the prospect of homosexuals serving openly in
uniform.

"We feel that the new policy is working very well," said Air National
Guard Lt. Col. Doug Hart, a Pentagon spokesman.

A DIFFERENT STORY

But gay rights activists tell a different story.

They insist that the Pentagon's statistics fail to include 115
homosexuals who were facing discharge at the end of fiscal 1993, but had
not been processed out because of a court order barring discharges of
gays. The order has since been lifted.

If these cases had been added to the overall statistics, the number of
discharges in 1993 would have been higher than the previous year despite
the introduction of the new policy.

`Easy to get around'

"Military commanders are finding it very easy to get around the new
policy," said Dixon Osburn of the Servicemembers Legal Defense Network, a
group based here that provides legal services to military members
affected by the military's restrictions on gays.

"These regulations are not good. But as bad as they are, the military
still violates them."

At least 130 ongoing cases are being tracked by the network, according to
Osburn.

They include incidents in which:

A Marine on Okinawa was stripped of his security clearance and
transferred to another base after being accused of being in a homosexual
ring. The Marine has never been formally charged, and no evidence has
been used against him except that of another service member's statement.

A Marine at a Southern base was brought before a discharge board based on
a psychologist's report. The Marine questioned his own orientation during
a private session with the psychologist, who then reported the
conversation to commanders.

A homosexual sailor at a U.S. base has been living in fear since an
acquaintance was questioned by military investigators. He is hesitant to
call male friends because of the possibility that it could somehow
implicate him.

Pentagon officials said they were not aware of any violations of the new
policy.

They contend the policy itself is clear: Service members will not be
asked their sexual orientation, and they will not be discharged for
homosexuality unless there is strong evidence they intend to engage in
improper conduct.

First use

The policy, which went into effect Feb. 28, is being used in several
ongoing discharge proceedings.

The first public use of the policy occurred May 22 when a California Army
National Guard officer was recommended for dismissal by an administrative
board.

First Lt. Andrew Holmes revealed his homosexuality in a letter to his
commander in June 1993, according to his attorney, Paul Wotman.

Army officials opted to wait until the new policy was in effect before
pressing their case against Holmes.

Holmes did not testify before the board, which recommended him for
discharge based on the letter, Wotman said.

The recommendation now goes to Sixth Army officials for final approval.
If they agree with it, Wotman will attempt to block the dismissal by
filing a lawsuit.

Copyright 1994, Army Times Publishing Company. All rights reserved.

Transmitted: 94-06-06 14:07:37 EDT