Tag Archives: CID

Conduct Unbecoming II: Tell the Story of DADT Discrimination

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Friends of Padre Steve’s World

Those of you who follow this blog or know me understand that I have served in the military since 1981. In that time I have served as an enlisted man, a Medical Service Corps Officer and Chaplain in the Army and a Navy Chaplain. I am coming up on 34 years service. In that time I have had a chance to see the military justice system up close and personal, when I was a company commander and later a brigade Adjutant the military prosecutors were my best friends, defense attorneys, not so much.

Sometimes, the military judicial system is better than the civilian system, but other times it is hopelessly prejudiced, especially against Gays and Lesbians.

This was especially true when I first entered the Army in 1981 before the implementation of Don’t Ask Don’t Tell, as well as after that policy was enacted during the Clinton Administration. I cannot tell you how many men and women that I saw, or heard about being railroaded out of the military simply because they were gay.

Before DADT the process was incredibly brutal. Gays and lesbian could simply be accused of being such, even with no corroborating evidence and put out of the military with a discharge that ensured that they would have difficulty finding employment when they were thrown out of the military. Military officials of the Army Criminal Investigation Division (CID), the Naval Criminal Investigation Service (NCIS) and Air Force Office of Special Investigations (OSI) had free reign to use all means, fair and unfair to ferret out and prosecute anyone suspected of being gay.

I never was a fan of such tactics even though at the time I would have considered myself a Christian conservative who believed that gays were sinners and if they did not repent would go to Hell. But that being said, I never believed that gays were un-patriotic or unworthy of serving in the military so long as they conducted themselves in a manner that heterosexual service members should. Since I knew that homosexuals could not legally marry I figured that their sex life, so long as it did not interfere with their duties was not my concern.

When I was a company commander I knew that I had a number of gays and lesbians in my unit. They were all outstanding soldiers and unlike many of my heterosexual soldiers were never on the military police blotter. You see when I was made a company commander the unit I took command of had the highest drug positive rate in Europe and so many un-adjudicated criminal cases that I spent countless hours after normal duty hours do dealing with them. I had no reason to go after people who were not causing problems and who always could be counted on to go beyond what was required to accomplish the mission. The were great and it would make me proud to hear from them again.

That being said, one could December day the CID came knocking. The two special agents said that they wanted to put an undercover investigator in my company, allegedly to uncover someone suspected of trafficking American cigarettes that they had obtained with their ration cards on the local economy. I asked if they had a warrant or even probable cause for their action. They could produce neither. So I told them that I would not consent because a “spy” in the unit would destroy moral and esprit that I had been working to restore and told them if they could not show me a good reason why I should allow them to do this to get out of my company. After threatening me with investigation for harboring “black marketers” they never came back, so I doubt that they had anything.

However, when they left I wondered if there were any other motives, especially since they had no warrant and no probable cause. I wondered if they were fishing. Since medical units were known to have more homosexuals than other units I wondered if this was a reason, after all I wasn’t kicking anyone out for being homosexual, which back in those days was pretty big business.

When AIDS was finally recognized as a problem, long after it had already killed over 20,000 people, I helped develop some of the Army’s personnel policies for those infected with HIV, and did the counseling and support from an personnel point of view for officers who were infected. I also reviewed

After DADT was passed I was a Chaplain, first in the Army and then the Navy. Sadly, though over-zealous commanders and investigators no longer had carte-blanche to investigate suspected homosexuals, Gays and Lesbians still had to live under-cover. They could serve, but they could not admit that they were homosexual. As such they lived constantly under threat that the slightest mistake could cost them their military careers. I provided pastoral care for a number of those service men and women.

During the DATD era, thousands of Gay and Lesbian service members were drummed out of the service. Others, including a young man who had come to me for counsel, could not handle the pressure or the shame of losing their careers because of being identified as Gay killed themselves.

Even after the end of DADT the stigma of being homosexual has resulted in the prosecution of personnel who were guilty of nothing. I had to testify at the court-martial of a Marine Corps Officer who was the target of one of these witch hunts. I testified during his sentencing that the only reason that he had been prosecuted was because he was Gay. That made it into the record of the trial and I am proud that I could testify on his behalf. It was a travesty of justice engineered by the policies of the former Commandant of the Marine Corps, General James Amos. It was a shame and dishonor to the Marine Corps that a distinguished combat veteran be tried and convicted even though every command and civil police authority up to the Commandant refused to charge him of any crime.

I know several who managed to make it through their career until they could retire. They included distinguished combat veterans and senior officers and non-commissioned officers. One Chief Petty Officer I knew came out at his retirement ceremony, he was so nondescript in his behavior that no-one ever suspected that he was Gay. I do have to admit that coming out at his retirement ceremony had a certain amount of panache which I admired. I have a friend who spent eighteen of 21 years of service before DADT was overturned under constant threat. She gets to retire this summer. I hope to do the invocation and benediction at her retirement.

But I digress…

I have been reading Randy Shilts’ book Conduct Unbecoming: Gays and Lesbians in the U.S. Military. The book came out the month that Shilts, who had written the book that defined the tragedy of the AIDS crisis in its first years died of AIDS. The book is the most comprehensive treatment of the persecution of Gays and Lesbians in the military ever written. However, the book, published shortly after the establishment of DADT when Shilts was dying does not deal with what the Gays and Lesbians who served under DADT went through.

I want to write that book.

If you or anyone you know served in the military after DADT experienced the persecution that still occurred during that time I would like to hear from you. You can contact me by e-mail. I will maintain your confidentiality, after all, I am a priest.

That being said, the story of the Gays and Lesbian patriots who served during the DADT era needs to be told. That era encompassed more deployments and combat than any time since the Vietnam War. Many homosexuals put their lives on the line and even so still suffered great stigma and sometimes persecution. Under DATD 14,346 Soldiers, Sailors, Marines and Airmen were thrown out of the military. 

You may e-mail me, contact me through this site, Facebook or Twitter and I will contact you. Please spread the word. This part of history should not be forgotten, otherwise it may be repeated.

Peace and blessings

Padre Steve+

 

 

 

 

 

 

 

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To Tell the Whole Truth…

“Do you (swear) (affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth (,so help you God)? United States Manual for Courts-Martial II-82 (f)

I will be a character witness at a Courts-Martial this week. I will be traveling extensively out of country. The accused is an officer that I have served with. I cannot image that he has done what he is alleged to have done. I was asked and called to be a witness for the defense and this is a strange situation for me because prior to this I have in almost every case been somehow involved in the prosecution of crimes than as a character witness for the accused.

When I was a young Army Officer I served as a Company Commander and Adjutant for commands at the Battalion, Group and Brigade level. My best friends were the prosecutors and for the most part I held defense attorneys, military and civilian alike to be impediments to justice. That was 26 years ago and I have grown up.

My growth began when I was still a Company Commander and the Criminal Investigation division (CID) of our local Provost Martial office came to see me. I was even then known as a tough but fair commander. I took over a company that at the time had the highest drug positive rate in Europe. The previous company commander had let many legal issues languish including many at best were spurious.  When I took command I dealt with those that I felt could meet the muster of a General Court Martial and dismissed the rest.  I remembered well the words of my instructor in military justice that “if you don’t think you can make the charges stick in a General Court-Martial don’t even try to bluff your way through an Article 15 proceeding.”

Thus anytime that I had to deal with potential criminal offenses against the Uniform Code of Military Justice (UCMJ) I was careful to look at all the evidence before even filing charges.  That was my policy as a company commander and my advice to my commanding officers as an Adjutant.

When the CID investigators came to my office on that cold December day in 1986 they told me of their beliefs that there was cigarette smuggling ring being ran by certain soldiers of my unit and that to “investigate” that they wanted to place an agent undercover posing as a soldier in my unit.  I asked them if they had any evidence that led them to believe that there was even “probable cause” for their allegation and they said that there was none but that they wanted to “see what evidence that they could uncover.” I guess that they figured that a young First Lieutenant and company commander that had successfully prosecuted over 30 non-judicial punishment cases, put a good number of soldiers out of the Army and sent several soldiers to courts-martial would be eager to help them out.  However I felt that something was not quite right in this. The CID agents left my office and never came back.  I guess that they found someone else to do their bidding.  Regardless if they had any evidence I would have asked them for it and prosecuted the accused with gusto. However I have no tolerance for those that would try to use me for a fishing expedition and in turn destroy the moral of a unit that was recovering from a terrible time.

I asked them again what evidence they had for me to even think of letting them into my unit pretending to be soldiers.  I was not stupid. I knew that my Soldier-Medics would smell a rat three blocks away and that if I allowed these “investigators” into my unit without an absolutely concrete case that I would destroy the moral of my unit which had just recovered from the previous relief of command of my predecessor. They could produce nothing other than their “suspicions” and I told them to leave my unit and not come back unless they had real evidence.  I never heard from them again.

That was my revelation that sometimes law enforcement officials can be overzealous in their pursuit of justice.  I don’t believe in letting people get away with crimes. Likewise I won’t go to bat for someone that I believe is guilty of a crime, especially if I am under oath. All I know is that if I was the commander in this case that I would have had a hard time even to charge the officer much less take the case to courts-martial. Perhaps the prosecution has more evidence than I know about, but even so as I was told so long ago, “if you don’t think that it will hold up in a General Court Martial don’t even try to bluff your way through an Article 15 proceeding.”

This week I will testify about the character of a military officer who I believe to be above reproach. Based on my knowledge of the case cannot believe that he is guilty or even why charges have been made in this case.  In a couple of days I will be asked to testify under oath and I will do so with the utmost of integrity. Thus I can testify truthfully about the character and integrity of a comrade in arms. I do pray that this officer will be acquitted of all charges and that my testimony will help him.

Back before December 1986 I might have given a pass to the prosecutors and told the officer to find someone else to testify on his behalf. However after that and after a lot more of life where I have seen prosecutors run amok I will not stand by and silently let a comrade be convicted of something of that I do not believe him capable of doing. I am testifying regarding the character of a man and to that end I will testify what I know to be “the truth, the whole truth and nothing but the truth.”

This is a heavy burden but I must tell the truth regarding what I know. Please pray for me and those concerned, especially the accused as well as anyone that is an alleged victim in this case.

Peace

Padre Steve+

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