Today's letter to the President about what life is like under the military's "Don't ask, don't tell" policy comes from Brian K. Humbles, Chief Hospital Corpsman, Surface Warfare/Fleet Marine Forces, United States Navy (RET).
Cleared twice, by two separate bodies, of any wrong-doing in a sexual harassment accusation—the mere fact of his orientation, having come to light during the investigation—eventually sunk this doctor's medical caregiver's 22-year military career. The DADT investigation that ensued was driven by a vendetta of a single individual. Humbles tells the President:
Sir, those two years were frankly, mental hell, all because one person felt I shouldn’t be in the Navy, a service I loved and still love today.
Today's Letter: "Everyone thought the case was closed. I thought the case was closed. But it wasn’t."
May 12, 2010
President Barack H. Obama
The White House
1600 Pennsylvania Avenue Northwest
Washington, DC 20500
Dear Mr. President,
A “sexual predator” -- that’s what someone in the military called me after 22 years of faithful service.
It was September, 2005. I remember the moment I received notice from the Navy Criminal Investigation Service (NCIS) that I was under investigation and I couldn’t figure out why.
Not long before that day, I was conducting medical exams on two sailors who were being open about their sexual orientation. The rules were clear. If a service member comes “out” to a medical professional or even a chaplain, we were required to report it.
Instead of alerting their command, I made the choice to caution them about the risks of being too open. As a bisexual man myself, I knew the fear they experienced under the law of “Don’t Ask, Don’t Tell.”
I knew the “ins and outs” of serving silently – even while deployed to Afghanistan. The law, frankly, is a scary thing. The fear of being “outed” – of losing your job – can sometimes be too much to handle.
My good faith efforts in counseling these two young men on their sexual orientation resulted in accusations of molestation. In the course of the investigation, under intense pressure from an NCIS agent and a desire to be truthful, I admitted to being bisexual.
Fortunately, it didn’t take long for NCIS to conclude its investigation and find the accusations by the two men to be without merit. The authorities governing medical ethics at the hospital also launched an independent investigation and concluded the charges were unfounded. And finally, an Article 32 hearing exonerated me of any wrong doing.
Everyone thought the case was closed. I thought the case was closed. But it wasn’t.
The Staff Judge Advocate (SJA) on base, acting without authority, continued her own investigation and convinced the ranking Admiral that regulations mandated that he move to administratively separate me with an “Other Than Honorable” discharge; a move that would result in the loss of my 20+ year retirement.
Acting without the proper authority, she even went over the Admiral’s head and appealed to the Navy’s personnel office, telling them I was taking “sexual liberties” with patients, which she knew was not true.
I wanted to serve my country. Now, I was fighting to not be humiliated by it. At the SJA’s encouragement, the command initiated discharge proceedings. I knew I’d be discharged but my retirement and my livelihood was also on the line.
In the middle of opening statements at my discharge hearing, a fellow service member who also sat on the Administrative Separation Board, lashed out and called me a “sexual predator.” While she was removed from the board, the damage was done.
After a strong push by my faithful defense team, the board ruled that I could keep my retirement benefits and be discharged honorably.
I served for 22 years and wanted only to fulfill the remainder of my time. A promise I made to my country.
The criminal investigation by NCIS took all but six months. But one person -- a JAG officer -- spent the next eighteen months and countless man hours attempting to have me discharged with a reduction in rank and no retirement, all because I was gay.
Sir, those two years were frankly, mental hell, all because one person felt I shouldn’t be in the Navy, a service I loved and still love today.
Mr. President, the men and women in the armed forces need your leadership now. Repeal this law, this year. Help stop the pain of so many people who are currently facing discharge hearings. Help them keep their honor. Help them keep their integrity.
With great respect,
Brian K. Humbles
Chief Hospital Corpsman
Surface Warfare/ Fleet Marine Forces
United States Navy (RET)
I'm struck by the fact that it is not the soldier, but rather the policy that the true perversion. Note as Humbles observes: "the rules were clear. If a service member comes “out” to a medical professional or even a chaplain, we were required to report it." This was true of DADT, confidences soldiers shared with doctors, lawyers and their clergy were required to be betrayed.
I'm reminded too of the story of August Provost. A young man found, shot and burned in a shed on southern California's Camp Pendleton Navy base in June 2009. Reports surfaced he had complained to his family of being harassed by another sailor. But Provost was bisexual, and never reported the harassment to his superiors, likely cognizant that any attention he drew to himself might lead to the end of his nascent career. Not even a doctor, lawyer or clergyman was a safe person for August to turn to and his decision to tough it out alone likely cost him his life.
In my time working on this issue, I also heard of a story of another young man in trouble. Once his involvement with another soldier became known, the second soldier cried rape, in an attempt to save his own career from a DADT discharge. This young man's best chance to avoid prison hope his accuser recanted before he is convicted and sentenced of a crime he did not commit.
It's way past time to end this policy and the insanity and lies it leads to.
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Genuine good news came out of DC yesterday. Veteran's Lobby Day, brought 350 veterans from 44 states to DC to lobby their lawmakers on the issue of repealing DADT this year. And there is good reason to be optimistic for repeal's fate in this legislative session. It has been reported Senator Patty Murray of Washington state has signed on to the Senate bill as a sponsor. Encouraging news came from other offices as well, including a more solidified stance of supportfrom Senator Bill Nelson (FL) and encouraging words from Ohio Republican Senator George Voinovich. As well as a restatement of intent from Congress to defy the will of the Obama administration.
And, sadly, the Obama Administration continues to be the repeal in 2010 movement's most formidable obstacle. Bush appointee, Secretary of Defense Robert Gates sent a letter two weeks ago, recommending Congress abstain from any action in this legislative session. As the House Bill's lead sponsor Rep Patrick Murphy (PA) told Daily Kos in last week's live blog:
The letter from Sec. Gates and Adm. Mullen last week was definitely a setback for our efforts. What I point out to my colleagues is that our disagreement with Gates and Mullen isn't about whether we should repeal DADT -- they both testified that we should -- it's simply a disagreement over timing. I'm going to continue to work to try to find every way possible to get repeal done this year.
Murphy has since been reported by Roll Call as calling "nonsense" on the Administration's objections to Congressional action this year:
Murphy said Gates’ letter asking for more time doesn’t make sense, in part because his bill would already give the department six months from enactment of the law to implement repeal. Given that the defense authorization bill isn’t likely to become law before October, Murphy said that would give the department until March or April.
So even if Congress does summon the courage to act this month, we are nearly a year away from actual repeal becoming reality, by the legislation's current timeline. Fortunately, Senate Armed Services Chairman Carl Levin reiterated again yesterday he has the will to defy the administration's wishes, if the votes are there. There's good reason to believe they should be, Democrats outnumber Republicans 16 to 12 on the Senate Armed Services Committee. Before the Administration stomped down momentum two weeks ago, there were reports coming out of the SASC that they were they were just a vote or two shy of attachment.
As a bit of a reality check, Patty Murray's addition brings the total Senate sponsors up to 29, which is less than half the threshold needed to avoid a filibuster of a standalone bill. Fear of filibuster is what's driving the fierce urgency of this month's actions. Only by attaching repeal this month to the Military Spending Budget can repeal have any realistic hope of overcoming a filibuster in the Senate.
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State by State Daily Kos Effort to Shore Up the Votes!
JPMassar, who has been my unsung ally in these efforts providing valuable information and support, has updated his 11 Crucial Senator's diary. In particular, we need the help of Hoosiers, West Virginians, Virginians, First Staters, Bay Staters, Cornhuskers and South Carolinians, so please check it out. Please make the calls, and leave a comment telling us what the staff is saying. Slight changes in the tone and talking points can indicate much about where a Senator stands. Yesterday I noted with a little humor that Bill Nelson is now claiming he's always been a strong supporter of repeal in 2010. Which is news to many who've followed the story closely.
And I don't believe the President is a lost cause. I do believe his administration can still be brought around to place themselves squarely on the right side of history here. I believe the President can see the error of judgement he's making by delegating the responsibility of leadership to Robert Gates. There are campaigns in my action item list aimed at swaying the President to demonstrate strong leadership. If President Obama hears from people, it could make a world of difference.
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To raise awareness to the need for Presidential leadership, DADT repeal activists have launched “Stories from the Frontlines:Letters to President Barack Obama.”The new media campaign launched in partnership with Servicemember's Legal Defense Network,is intended to underscore the urgent need for congressional action and presidential leadership at this critical point in the fight to repeal “Don’t Ask, Don’t Tell” (DADT).
Every weekday morning as we approach the markup of the Defense Authorization bill in the Senate and House Armed Services Committees, SLDN and a coalition of voices supporting repeal, will share an open letter to the President from a person impacted by this discriminatory law. We are urging the President to include repeal in the Administration’s defense budget recommendations, but also to voice his support as we work to muster the 15 critical votes needed on the Senate Armed Services Committee to include repeal. The Defense Authorization bill represents the best legislative vehicle to bring repeal to the president’s desk. It also was the same vehicle used to pass DADT in 1993. By working together, we can help build momentum to get the votes! We ask that you forward and post these personal stories.
Participating blogs: 365 Gay, The Advocate, AfterElton, AmericaBlog , Ameriqueer, AKAWilliam, The Bilerico Project, BoxTurtleBulletin, BrandFabulousness, The Daily Kos, David In Manhattan, David Mixner, Fired Up Missouri, GoodAsYou, HRCBackStory, Kenneth In The 212, Lez Get Real, LGBTPOV, Michael in Norfolk, Mike Gets Real, Mile High Gay Guy, Open Left, Page One Q, Pam's House Blend, RepealNow, SayenCroWolf, Seattle PI Stepforward, Signorile's The Gist, The New Civil Rights Movement, The Queer Times, Towleroad, We Give A Damn.
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WHY THIS IS A CRITICAL TIME:
• SLDN and other coalition voices are urging the President to include repeal in the Administration’s defense budget recommendations, but also to voice his support as we work to muster the 15 critical votes needed on the Senate Armed Services Committee to include repeal.
• The House and Senate Armed Services Committees will markup the Defense Authorization bill in a few short weeks.
• The Defense Authorization bill represents our best legislative vehicle to bringing repeal to the president’s desk. It also was the same vehicle used to pass DADT in 1993.
LAYOUT FOR REPEAL / HOUSE AND SENATE TRACKS:
• Sen. Mark Udall told the Denver Post the committee was “within a vote or two” of including repeal in the Defense Authorization bill. Udall is a member of the Senate Armed Services Committee.
• Rep. Jared Polis, who holds a key position on the House Rules Committee, told the Denver Post he is willing to help insert a similar provision in the House version of the Defense Authorization bill with the help of Rep. Patrick Murphy, who is the lead sponsor of the House repeal bill.
THE NEXT 30 DAYS ARE CRITICAL:
• The House Armed Services Committee markup of the Defense Authorization bill is expected May 19.
• The Senate Armed Services Committee markup of the Defense Authorization bill is expected the week of May 24.
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CALL TO ACTION!
Fate of repeal will be decided in the month of May. As time grows short, repeal advocates have multiple strategies are in place. One thing they all share is a need to hear from the public the time is now. Now is the time for LGBT allies to get off the fence and call for equality for their fellow Americans.
New Call to Action: Howard Dean and Democracy for America have joined the effort to End Don't Ask, Don't Tell in 2010. Sign the petition here.
• Contact the White House: The Servicemember's Legal Defnese Network has put out an action item: Not Another Year. They are asking people to call the White House and tell our Commander in Chief to call for repeal in 2010, repeal can't wait until 2011. The moment is now. They say: "Our Congressional allies are not giving up. SLDN isn't giving up. Tell President Obama not to give up either. Call the White House today. (202) 456-1414"
• Contact your Senators: Tell them to support adding repeal to the Senate Defense Spending Budget: these Senators are most key: Bill Nelson, Ben Nelson, Evan Bayh, Jim Webb, Robert Byrd and Scott Brown. But call them all. Show them there's a grassroots movement to vote now. SLDN contact tool here.
• Contact your House Representatives: Tell them to support Representative Patrick Murphy's plan to offer DADT repeal legislation as a floor amendment to the military bill. SLDN contact tool here.
• Contact Nancy Pelosi: Tell her to use her authority as Speaker of the House to bring DADT repeal up for a vote in the House. (202) 225-0100
• Contact Senate Armed Services Committee Chairmain Carl Levin (D-MI) and tell him Military Budget Attachment is the way to go. His office in Washington can be reached at: (202) 224-6221
• Become a citizen co-sponsor of repeal at Senator Udall's site.