Navy Veteran Fired 33 Years Ago Because of His Sexual Orientation Can’t Clear His Service Record

Elaine Rodriguez was 23 years old when, in 1990, Navy investigators first told her about her sexual orientation. She dealt with it the only way she knew how—by denying it.

Rodriguez has yet to meet her friends and family, let alone the military. At the time, gay and lesbian military personnel could not serve, and a mere rumor could trigger what is commonly referred to as a “witch hunt.” In the case of Rodriguez, that is exactly what followed.

“At that time I had a civil girl. I was told her name. They told me which apartment complex she lived in,” Rodriguez told CBS News. “I just threw my hands up and said, ‘You know what, yeah, it’s all true.’

Rodriguez is one of thousands of gay and lesbian servicemen who were kicked out of the military without an honorable discharge — victims of discrimination who continued to fight to regain their honor, a CBS News investigation found.

Leaving the army without an honorable discharge left more than just an emotional scar. For thousands, that meant no VA benefits or military aid bills to pay for college. While there are official channels through which veterans can apply for a so-called promotion, a CBS News investigation found that the process can be difficult and often unsuccessful.

US Senator Kirsten E. Gillibrand, Democrat of New York, said the military is not doing enough to address past discrimination.

“We need to reach out to all these veterans in every possible way to make sure they know that if they want the benefits they earn, if they want to be honorably discharged, that there is a way and a process for that and that we will fight for them.” , Gillibrand told CBS News.

Rodriguez’s termination document, known as DD-214, lists the reason for her termination as “a misdemeanor committed as a result of a serious wrongdoing” – the words she says still sting. “It makes me feel like a criminal.”

In the years following her discharge from the Navy, Rodriguez continued to suffer the consequences of a less-than-honorable discharge when she was denied admission to the police academy and the opportunity to pursue a new dream.

“I can’t get a government job, I can’t be a police officer like I wanted because of my DD-214, yeah. They ruined my life,” she said.

After the demobilization of Rodriguez, the attitude of the military to sexual orientation underwent a radical change. A policy known as “don’t ask, don’t tell” incapacitated some 14,000 LGBTQ troops from 1994 to 2010 before being declared unconstitutional and repealed.

Leon Panetta, the secretary of defense who oversaw the repeal in 2011, told CBS News last month: “Few people thought about the people who got fired, who went through hell on this issue, about ‘What do we do with them?’ And in a way, I regret it.”

Gillibrand, a member of the Senate Armed Services Committee, says the number of veterans targeted for their sexual orientation is significant: about 100,000 since World War II.

Attorney Christy Bhagelow is director of the Veterans Consortium’s pro bono professional development program. What worries her most is the ignorance of these veterans that promotions are even possible. Of the 1,200 requests she receives each month, less than 1% are from LGBTQ veterans. “That’s what worries me. I know they are there,” she said.

There are also problems with the professional development process itself, which Bhagelo and other veterans say is almost impossible without the help of a lawyer. While the Pentagon said CBS News veterans can fill out a simple two-page application and no legal representation is required, Bhagelow says it’s not that easy. In her experience, veterans have less than a 1 in 3 chance of success when applying without a lawyer.

Elaine Rodriguez heard about it first hand. In 2017, she applied to have her discharge changed to “honorary”, but received only partial relief in the form of a “general” discharge. The Naval Records Correction Board wrote in its decision that “members did not want to be promoted to honorary because the NJP [non-judicial punishment] included an accusation of making a false official statement.” One of the board members recommended that her request be rejected outright.

“I just do not understand. Does it just make me think what did I do so wrong?” Rodriguez said.

The Navy told CBS News it could not comment on the Rodriguez case, citing privacy concerns.

Senator Gillibrand has been trying for years to get the Pentagon to act with a bipartisan bill called the Military Honor Restoration Acts. Among its provisions is a mandate to create a team that will identify and provide assistance to all veterans who may have been subject to such discriminatory policies.

“They really need to try much, much harder. And that’s what this bill can create will for,” Gillibrand said. “The Department of Defense fought us at every turn… If they wanted it done, it would have been done.”

Ultimately, though, she says the pressure really needs to come from above.

“If you have a supporter in the White House, it makes a big difference. So if this becomes something that President Biden really wants to achieve during his White House, it will make things a lot easier,” she said. “And I’m optimistic that with his help we can do it.”

In an earlier statement to CBS News, the Department of Defense said it had “conducted several outreach campaigns to inform any veterans who believe they have been harmed by an error or injustice to correct their military records,” adding that it also launched a “single letter campaign”. by mailing over 2,000 letters to individuals who may have been adversely affected by DADT [“don’t ask, don’t tell”] policy.”

Elaine Rodriguez hopes to find a free lawyer who will take her case and try again.

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