Pentagon Briefing:
The State of DADT
Repeal Implementation
by
Danny Ingram
President,
American Veterans For Equal Rights |
|
In mid March, AVER was contacted by the Pentagon's Repeal
Implementation Team (RIT), and we were invited to meet
with the team for an update on the current status of the
military's strategy to remove the ban on LGB service
members. I traveled to DC on Friday morning March 18th
to attend the meeting.
In attendance along with AVER were representatives of
Servicemembers Legal Defense Network (SLDN), the Gay and
Lesbian Medical Association, Human Rights Campaign (HRC),
Outserve, Knights Out, Third Way, and Servicemembers
United. Both SLDN Executive Director Aubrey Sarvis
and Servicemembers United Executive Director Alex
Nicholson, both members of AVER, represented their
organizations at the meeting.
The head of the Repeal Implementation Team is Marine
Major General Steven A. Hummer, Deputy Commanding
General, Marine Corps Combat Development Command.
General Hummer has served in the USMC for 41 years as
both an enlisted Marine and an officer. General Hummer
assumed his most recent assignment as the Chief of Staff
to Military Personnel Policy's Repeal Implementation
Team with the Under Secretary of Defense for Personnel &
Readiness, in January 2011.
General Hummer reported that the Pentagon began rolling
out a training package in January and February that
includes all levels of the military, including families
and Family Services. The military is also taking a very
close look at revising all policies that may be affected
by the change. Each of the services has now begun to
train personnel. Individual services are implementing
training in their own way. Training is scheduled to be
completed by August 15, 2011. All military, including
Reserve forces, National Guard, and individuals deployed
"around the world" will be trained. The team is closely
engaged with Congress, especially the offices of Senator
Joe Lieberman and Congressman Steny Hoyer. The team
gives regular briefings to Congress on how the training
is going. Implementation efforts have a strong emphasis
on leadership, discipline, mutual respect, and
professionalism. General Hummer concluded his remarks by
thanking the groups gathered for what we do for "our
constituents and our military". He then asked for our
questions.
The question was asked about Certification. When will it
occur? Will Certification wait until everyone in the
military has completed training? General Hummer replied
that there is "no time line". Implementation will be
"deliberate and responsible".
When will the media be allowed to cover training? SLDN
reported that such coverage has been requested and has
so far been denied. General Hummer reported that media
coverage of training has now been authorized.
The military will not be designating LGB service members
as a "protected class". This means that LGB service
members will not have access to their unit's Equal
Opportunity Officer if they feel they are being harassed
or discriminated against. There was much discussion of
this issue around the table. A service member will only
be able to go to their unit commander if they have a
problem. What if the problem "is" the unit commander?
What if the individual responsible for investigating a
complaint "is" the person against whom the complaint has
been filed? General Hummer said that the service member
would have the option of going to the Inspector General.
Several of the participants stated that it is a very big
decision for an enlisted person to go to the IG. It is
very intimidating to consider contacting the IG.
Enlisted personnel will "not have much recourse". Will
IG be prepared to handle these issues? The general noted
that this will be part of the training, including how to
contact the IG if necessary.
I asked from the position of a veterans' service
organization how the military's decision not to make LGB
service members a protected class would affect the VA. A
LTC on the team responded that he had been working
closely with the VA and they had reached a decision to
"follow the military's lead on the issue". The VA will
not consider LGB veterans to be a protected class and
therefore will not have any special liaison or
designated office established to assist LGB veterans who
may have a complaint against the VA. I asked if "sexual
orientation" would be added to the list of groups that
the military would not discriminate against. I received
a response that the military does not discriminate.
General Hummer was asked about the Defense of Marriage
Act. "We are looking at that", he said. He responded
that they are aware that DOMA may be going away soon,
but that the issue is "very complex". They "have
frequent planning meetings to deal with that". There
will be no change in benefits until after repeal is
implemented.
Aubrey Sarvis asked about the paperwork of individuals
who choose to come back into the military, will the
codes for discharge under DADT be changed? Both AVER and SLDN is
already getting many calls on this issue, and
they expect the number will easily climb into the
thousands once repeal is completed. If you add to this
the number of people who do not plan to come back into
the military but still want the discharge codes changed,
the number will be overwhelming. General Hummer
responded that they had received communications from SLDN on this issue and were setting up a special process
to get the paperwork changed. He made a note that he
will need to take a more in depth look into this
problem.
I asked General Hummer if the DADT issue had "tarnished"
the military's image as a champion of diversity as
stated by such individuals as General Ann Dunwoody and
Command Sergeant Major Hector Marin. Was the military
considering any proactive program to repair its image?
The general took offense to my question and noted that
the military does have a strong priority on diversity
and did not feel that their image had been tarnished. I
reassured the general that, as veterans, AVER agreed
with him, and we only wanted to help ensure that the
military would continue its emphasis on diversity and
take pride in its successes in that area. General Hummer
noted that his team felt that the implementation was a
real "success story" for the military and they were
proud of how the military was "spending a lot of time on
this".
General Hummer concluded the meeting by thanking us
again for our participation and dedication to the repeal
implementation effort. "Communities need to come
together", he said. He thanked us for maintaining "open
communications" and for how our groups had served to
"help guide us". "You are our best conduit to active
service members".
Upon leaving the Pentagon I watched a petite Asian woman
unceremoniously jump over a chain fence on her way into
the Pentagon. As she drew closer I saw 2 very large
silver stars on her cap. I guess the military really is
a champion of diversity.
I made my first visit to the Pentagon Memorial before
catching my flight back to Atlanta.
Upon returning home I received an email from one of
AVER's members deployed on active duty overseas. The
member reported that they had been briefed by their
commander that training on repeal will soon be available
and that everyone was expected to complete the training.
The commander planned to report full compliance to the
DOD by mid-July, and they were very serious and
professional about emphasizing the importance both of
completing the training and meeting the deadline.
A question to me, raised by AVER Life Member Dr. Frank Kameny
of DC, was the issue of Uniform Code of Military Justice
(UCMJ) Article 125 dealing with sodomy. Dr. Kameny
noted that sodomy as a crime under UCMJ law must be
repealed in order to implement any policy of LGB
inclusion in the military. The meeting at the Pentagon
did not cover this issue specifically, although it is
clearly an integral part of any repeal initiative. It
is possible that this is one of the issues covered by
General Hummer when he said the military is "revising
all policies that may be affected" by repeal.
The issue of "protected class" is one of great concern,
especially to AVER since we are concerned with veterans
as well as service members. If a group that has been
legally excluded from service to the point of firing is
not eligible for official certification as a protected
class then who should be so designated? If LGB
service members and veterans have suffered official
discrimination for over 90 years, why is there reason to
believe that discrimination will not continue? The
protection of a unit's Equal Opportunity officer may be
the only recourse available to many LGB service members,
especially during lengthy overseas deployments such as
those currently being experienced by US military units
in Afghanistan and Iraq. American Veterans for Equal
Rights will continue to work to protect LGB service
members even following certification of repeal. And of
course our mission will not be complete until
transgender service members, who have worked
courageously by our side despite the fact that repeal of
DADT would do nothing for them, are allowed to serve in
the US military as they are in the armed forces of a
number of our allies.
© 2011 Gay Military Signal