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Pentagon sees no need for gay discharged troops bill

Proposed measure would codify process for upgrading separations to ‘honorable’

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Pentagon, military, gay news, Washington Blade

The Pentagon sees no need for legislation for troops discharged for being gay (Public domain photo by Master Sgt. Ken Hammond).

The Pentagon sees no need for new legislation to enable gay troops to remove the distinction of “dishonorable” from their discharge papers if they were expelled from the U.S. military because of their sexual orientation.

Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said the administrative process in place for upgrading paperwork is sufficient to ensure troops dismissed for being gay during the “Don’t Ask, Don’t Tell”-era and before have honorable discharges.

“We continue to closely monitor the workload of the Boards, which indicate that DADT-related applications are being processed effectively, under clear procedures, and that no new policy guidance or legislation is required at this time,” Christensen said.

Asked whether that statement means the Pentagon opposes legislation to codify the process known as the Restore Honor to Service Members Act, Christensen said the Pentagon doesn’t comment on pending legislation as a matter of policy.

Late last month, Sen. Brian Schatz (D-Hawaii) introduced the bill in the U.S. Senate along with 17 Democratic co-sponsors. Companion legislation sponsored by gay Rep. Mark Pocan (D-Wis.) was already pending in the U.S. House and has more than 140 co-sponsors.

An estimated 114,000 troops were discharged from the armed forces for being gay starting in World War II until the lifting of “Don’t Ask, Don’t Tell” in 2011.

Although many service members were given an “honorable” discharge from the military if they were expelled because of their sexual orientation, others were given “other than honorable,” “general discharge” or “dishonorable” discharge.

By having designation other than “honorable” on their papers, former troops may be disqualified from accessing certain benefits, such as GI bill tuition assistance and veterans’ health care, and may not be able to claim veteran status. In some cases, they may be prevented from voting or have difficulty acquiring civilian employment.

Meaghan Smith, a Schatz spokesperson, said the senator appreciates the Pentagon’s work on the issue, but service members seeking upgrades had complained the process wasn’t working fast enough.

“Based on direct input from veterans groups that went into the drafting of the Restore Honor to Service Members Act, the existing process is overly burdensome on the veteran, and more can be done to simplify the process as well as to protect veterans’ privacy,” Smith said.

The Restore Honor to Service Members Act aims to adjust the process for upgrading paperwork by codifying it, simplifying the paperwork requirement and requiring military services historians to review the facts and circumstances surrounding these discharges.

“Put simply, who is to say that a future administration may not decide that those reviews are beyond the scope of those discharge and military records boards?” Smith said. “This bill would make those reviews specifically within their scope of inquiry, ensuring that that process always remains available to these service members to seek corrective action.”

Pocan’s office didn’t immediately respond to the Washington Blade’s request for comment.

The legislation has the support of LGBT and non-LGBT organizations, including the Human Rights Campaign, the American Veterans for Equal Rights and Service Women’s Action Network and Equality Hawaii.

Fred Sainz, HRC’s vice president of communications, reiterated his organization’s support for the bill when asked about the Pentagon’s view that the existing process is sufficient.

Walking through the existing process, Christensen insisted the Pentagon enacted a “robust and responsive” policy in 2011 to ensure troops discharged because of their sexual orientation can receive upgrades through the Military Department Board for Correction of Military/Naval Records (BCM/NR) or the Military Department’s Discharge Review Board.

“The resulting Department-wide policy and Service Review Board procedures ensure equitable and consistent review of all cases related to DADT,” Christensen said. “Presently, members discharged under DADT may request a correction to their military records from either their Military Department DRB or their BCM/NR based upon these implemented changes in law and policy.”

Military department DRBs are responsible for reviewing cases within the last 15 years and change discharge characterization from “Homosexual Conduct” to “Secretarial Authority.” If an applicant is not satisfied with DRB decision, or needs additional relief, he or she may appeal to the BCM/NR, which also reviews cases 15 years or older, or those that fall outside the scope of the DRBs.

By law, the BCM/NRs speak for the military service as final authority on the decision, but if applicants still are not satisfied, they may write their service secretary for intervention or file suit in federal civil court.

Upon the introduction of the House bill in July 2013, Rep. Charlie Rangel (D-N.Y.), one of the legislation’s co-sponsors, said during a conference call with Pocan he wants the White House and the Pentagon to support the legislation. The White House hasn’t responded to numerous requests for comment about the bill.

Rangel called for continued efforts to pass the legislation in a statement to the Blade when asked about the Pentagon response to the bill.

“It was the President’s Under Secretary of Defense who published the Memo which has acted as one of the cornerstones of our “Restore Honor to Service Members Act,'” Rangel said. “However, a Memo is not law. Congress needs to do its job, make this process law, and ensure all service members’ records can always be corrected regardless of who is in the White House. We now have over 150 cosponsors in the House and a dozen Senators ready to act and we are adding more each week. I won’t stop fighting to right the wrong.”

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District of Columbia

Weekend brings two shootings in U Street, Dupont Circle areas

Man dies after incident at Desperados

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Two shooting incidents marred the weekend.

A man was shot to death shortly after 1 a.m. on Saturday, April 27, inside the Desperados Burgers & Bar at 1342 U St., N.W., which is located on the same block a short distance away from the LGBTQ nightclub Bunker D.C. and around the corner less than a block away from the recently opened LGBTQ bar Crush on 14th Street, N.W.

The incident prompted Bunker to post on its Facebook page a message saying its security team quickly ushered patrons standing outside to enter the club and as a precautionary measure prevented patrons from leaving until it was deemed safe to do so.

A D.C. police statement identifies the shooting victim as Kenneth Goins, 43, of Salisbury, Md. The statement says officers on patrol in the 1300 block of U Street, N.W. heard gunshots at about 1:12 a.m. and immediately arrived at Desperados to investigate the incident.

“Officers located a man inside with multiple gunshot wounds,” the statement says. “Despite all life saving efforts, the victim was pronounced dead on the scene,” it says. Neither the statement nor a police incident report pertaining to the shooting provides a description of the person who committed the shooting nor discloses whether any of the customers inside the restaurant and bar witnessed the shooting.

The statement says the police Homicide Branch is investigating the shooting and urges anyone with knowledge of the incident to call police at 202-272-9099. Like all homicide cases, it says the D.C. Metropolitan Police Department offers a reward of up to $25,000 to anyone who provides information that leads to the arrest and conviction of the person or persons responsible for a homicide committed in the District.  

 “There was a shooting incident on U ST. N.W., just 4 doors down from BUNKER,” the Bunker Facebook post says. “Our security team promptly responded, ensuring the safety of everyone by ushering them inside for cover,” it says. “Currently, the courageous police officers are outside, handling the situation and working diligently to maintain a secure environment for our guests,” the message continues.

“As a responsible establishment, we strongly prioritize your safety, and as a precautionary measure, we will not permit anyone to exit the building until we deem it safe to do so,” the posting says. “Rest assured, we, as the owners, take this matter very seriously, and your safety remains our highest priority.” 

The U Street shooting at Desperados Burgers & Bar took place a little over two hours after six people were shot and wounded outside the Decades nightclub at 1219 Connecticut Ave., N.W. near Dupont Circle and near several gay bars on P Street and 17th Street in the Dupont Circle area. Police said none of those who were shot suffered life-threatening injuries

A separate police statement says with the help of several witnesses, police identified and arrested Rennwel Mantock, 29, of Hyattsville, Md., in connection with the shooting on charges of Assault with Intent to Kill, Possession of Unregistered Ammunition, and Possession of an Unregistered Firearm. The statement says a gun belonging to Mantock was recovered on the scene. Court records show a judge has ordered him to be held without bond until a May 7 preliminary hearing.

“The detectives’ investigation determined Mantock opened fire after employees removed him from a nightclub following a dispute,” according to the statement.

A police arrest affidavit filed in D.C. Superior Court says Mantock told police at the time he was apprehended on the scene that he was dancing with a woman at the club when a security guard ordered him to leave and then “grabbed him by the neck and punched him in the face right before dragging him down the steps.” The Decades club states on its website that it has several floors with multiple bars.

According to the arrest affidavit, Mantock told police that one of the security officials punched him in the face again and threw him to the ground after dragging him out the door. It says Mantock “stated that he then pulled out his gun and started shooting” because “he was very upset about the security punching him in the face,” adding that he “began firing at the Decades’ security.”

The affidavit says five of the six people shot were Decades employees.

Gay former Dupont Circle Advisory Neighborhood Commissioner Mike Silverstein, who lives near where the shooting took place, said Decades is not known as a place that LGBTQ people patronize but said the surrounding neighborhood is home to many LGBTQ residents and draws many LGBTQ visitors. 

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National

GLSEN hosts Respect Awards with Billy Porter, Peppermint

Annual event aims to ‘inspire a lot of people to get active’

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Billy Porter is among guests at Monday’s Respect Awards in New York.

GLSEN will host its annual Respect Awards April 29 in New York, with guests including Miss Peppermint and Billy Porter. 

Respect Awards director Michael Chavez said that the event will be moving. 

“It will inspire a lot of people to get active and take action in their own communities and see how much more work there is to do, especially with all of the harmful things happening,” he said. 

At the event, they will recognize the Student Advocate of the Year, Sophia T. Annually, GLSEN recognizes a student from around the country who is impacting their community. 

“Sophia is doing incredible work advocating for inclusive sex education that is LGBTQ+ affirming, working with Johns Hopkins University to implement curriculum.” Chavez said. 

Chavez calls the students that attend the Respect Awards the “biggest celebrities” of the evening. 

“It is really important for the adults, both the allies and the queer folks, to hear directly from these queer youth about what it’s like to be in school today as a queer person,” he said.

GLSEN is a queer youth advocacy organization that has been working for more than 30 years to protect LGBTQ youth.

“GLSEN is all hands on deck right now, because our kids are under direct attack and have been for years now,” said actor Wilson Cruz.

Cruz is the chair of GLSEN’s National Board, which works to fundraise and strategize for the organization.

“I think we are fundamental to the education of LGBTQ students in school,” he said. “We advocate for more comprehensive support at the local, national, and federal levels so our students are supported.”

Chavez is one of the students that was impacted by this work. He led his school’s GSA organization and worked with GLSEN throughout his youth. 

Cruz said Chavez is doing what he hopes today’s GLSEN students do in the future, which is pay the work forward. 

“There’s nothing more powerful than people who have experienced the work that GLSEN does and then coming back and allowing us to expand on that work with each generation that comes forward,” he said. 

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Florida

Homeless transgender woman murdered in Miami Beach

Andrea Doria Dos Passos attacked while she slept

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Andrea Dos Passos (Photo courtesy of Equality Florida)

Gregory Fitzgerald Gibert, 53, who was out on probation, is charged with the second-degree murder of 37-year-old Andrea Doria Dos Passos, a transgender Latina woman who was found deceased in front of the Miami Ballet company facility by a security guard this past week.

According to a Miami Beach Police spokesperson the security guard thought Dos Passos was sleeping in the entranceway around 6:45 a.m. on April 23 and when he went to wake her he discovered the blood and her injuries and alerted 911.

She was deceased from massive trauma to her face and head. According to Miami Beach police when video surveillance footage was reviewed, it showed Dos Passos lying down in the entranceway apparently asleep. WFOR reported: In the early morning hours, a man arrived, looked around, and spotted her. Police said the man was dressed in a black shirt, red shorts, and red shoes.

At one point, he walked away, picked up a metal pipe from the ground, and then returned. After looking around, he sat on a bench near Dos Passos. After a while, he got up and repeatedly hit her in the head and face while she was sleeping, according to police.

“The male is then seen standing over her, striking her, and then manipulating her body. The male then walks away and places the pipe inside a nearby trash can (the pipe was found and recovered in the same trash can),” according to the arrest report.

Police noted that in addition to trauma on her face and head, two wooden sticks were lodged in her nostrils and there was a puncture wound in her chest.

Victor Van Gilst, Dos Passos’s stepfather confirmed she was trans and experiencing homelessness. 

“She had no chance to defend herself whatsoever. I don’t know if this was a hate crime since she was transgender or if she had some sort of interaction with this person because he might have been homeless as well. The detective could not say if she was attacked because she was transgender,” said Van Gilst. 

“She has been struggling with mental health issues for a long time, going back to when she was in her early 20s. We did everything we could to help her. My wife is devastated. For her, this is like a nightmare that turned into reality. Andrea moved around a lot and even lived in California for a while. She was sadly homeless. I feel the system let her down. She was a good person,” he added.

Gregory Fitzgerald Gibert booking photo via CBS Miami.

The Miami Police Department arrested Gibert, collected his clothing, noting the red shorts were the same type in the video and had blood on them. Blood was also found on his shoes, according to police. He was taken into custody and charged. 

“The suspect has an extensive criminal record and reportedly was recently released from custody on probation for prior criminal charges. Police apprehended the suspect in the city of Miami and the investigation is currently ongoing. This case is further evidence that individuals need to be held accountable for prior violent crimes for the protection of the public. We offer our sincere condolences to the family and friends of the victim,” Miami Beach Mayor Steve Meiner said in a statement. 

Joe Saunders, senior political director with LGBTQ rights group Equality Florida, told the Miami Herald that “whenever a transgender person is murdered, especially when it is with such brutality, the question should be asked about whether or not this was a hate-motivated crime.”

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