I found a pic of the soldier in question.
Posted on 02/12/2002 3:47:06 AM PST by SLB
FORT BRAGG, N.C. — The Army has refused to discharge an officer who admitted to homosexual conduct and volunteered to resign his commission.
The Army wants Capt. David Donovan to continue in his job as a military policeman and information systems management officer rather than pay back the cost of training him. Donovan’s four requests for discharge — including one supported by Fort Bragg’s commanding officer — have been rejected.
"Even though officers state they are willing to pay back the financial amount, it doesn’t necessarily mean they are going to have their request approved," said Lt. Col. Stan Heath, a spokesman for the Army Personnel Command.
Donovan, who is married, said he discovered his bisexuality a few years ago. He said his role as an officer and military policeman requires him to enforce a "don’t ask, don’t tell" policy that he felt was wrong.
Failing to discharge him opens the Army up to accusations it is failing to enforce policy equally, Donovan, 36, told The Fayetteville Observer. He could not be reached for comment Sunday. A Fayetteville telephone number in his name has been disconnected.
"Selective enforcement of laws is always bad. The law itself ends up becoming respected less. And the law, in general, ends up becoming respected less," Donovan said.
The Pentagon discharged more than 1,250 men and women because of their sexual orientation in 2000, the most since 1987, according to the Servicemembers Legal Defense Network, a Washington group that tracks discharges related to homosexual conduct.
The United States military considers homosexual conduct an offense worthy of a court-martial in some circumstances.
A January 2000 Army memo states, "verbal admission of homosexuality may be grounds for discharge." The policy says that "in most cases of homosexual admission, no investigation is required."
But in refusing to discharge the Billings, Mont., native, the Army appears to be sticking with the judgment of Donovan’s commanding officer at the time he first asked to resign in September 2000.
"There is insufficient evidence that any homosexual conduct has occurred," wrote Maj. Gen. Raymond Barrett Jr., commander of the Army Training Center at Fort Jackson, S.C. "The resignation does not disclose a homosexual act or marriage and does not contain a statement of homosexual conduct."
Donovan’s first letter seeking resignation stated his reason as "due to homosexual conduct." He said he did not discuss specific encounters to avoid incriminating himself.
A second letter in January 2001, stated: "I, David R. Donovan, CPT, MP, ... hereby declare that I am bisexual within the meaning of the definition AR 600-20, Paragraph 4-19," he wrote. "As a matter on conscience, I feel compelled to tender my resignation from the United States Army."
The resignation request included a letter from Fort Bragg’s commander, Lt. Gen. Dan. K. McNeill.
"Further investigation into this matter is not in the best interest of the Army," McNeill said. "I recommend that you approve Capt. Donovan’s requested resignation for the ‘good of the service’ due to homosexual conduct with an ‘Other Than Honorable’ characterization of service and recoup the financial benefit Capt. Donovan received."
In July, the military board that reviewed Donovan’s request told his attorney, Todd Conormon, that officers who have completed Army-sponsored education programs are carefully scrutinized to prevent soldiers from dodging their commitments by faking their sexual status.
Donovan, who has served 17 years in the active-duty military wrapped around two years in the Army reserve, has volunteered to pay back whatever the government determines it is owed, Conormon said.
By resigning, Donovan would forfeit his lifetime health benefits and his military retirement pay, now about three years away and estimated to be worth about $250,000, Conorman said.
"He is going to give up a lot more over the long term," Conormon said. "He is willing to forfeit all that because he says it is a matter of principle."
Having just retired from the Army, I'd say that this is the key.
I'm guessing that this officer had an initial tour as an MP and that when going for further training in a "functional area" was trained as an "information systems management" expert (computers, computers, computers).
MPs are continually deployed and have been for years. Computer systems analysts are starting in the 70 thousand range in the civilian world. After his training, this officer wanted out of his obligation so he could chase the big bucks that don't include deployments to Bosnia, Afghanistan, etc.
To get out, he claimed "homosexuality." This is one of the methods of choice also for privates who want out of basic training....another is psych problems with "suicide" threats. It works in basic training (also AIT) and that's where the large bulk of our "homosexual" discharges come from. Trainees who want the hell out 'cause they've run smack into a drill sergeant who scares the bejeebers out of them.
The Army is correct in its analysis. This guy is married and if he admits to any sexual contact outside of marriage, then that is a chargeable offense under the UCMJ. Therefore, I'll bet he HAS NOT admitted to sexual contact, but has indicated instead that he is "innately homosexual/bisexual." Also, there are UCMJ provisions against "sodomy" and other behaviors.
I think you've nailed it above. Also, your VI comment is right on if he's a product of a college ROTC program. If my memory serves correctly, ROTC officers don't have a chance to switch to RA (Regular Army) until their promotion to major....he's still a captain. Therefore, his commissioned obligation is under a VI (voluntary indefinite.)
He would have incurred additional civilian school training at some university and he would owe a minimum of 3 years for that opportunity.
I found a pic of the soldier in question.
It is an old soldiers trick, a mate of mine tried it back in the 80s.
He told me it was a very hard interview he had to prove he was Gay, which being straight he did not know how to do.
LOL we all gave him helpful suggestions, none of which he took up.
Cheers Tony
This changes my analysis somewhat. First, no captain with 17 years active duty could possibly have been commissioned that entire time. My guess is that he had enlisted time, got out and went to college during which time he obtained a reserve commission....perhaps some kind of green to gold or "bootstrap" program to move enlisted up to commissioned rank.
Had he begun as an officer and failed to make promotion to major at about the 9-10 year mark he would have been released from service. That's why I say he spent his time as an enlisted MP.
After college he probably got cute and didn't want to pay back the obligation but wanted instead to go to a cushy civilian job. The rest of the analysis still holds. I missed the 17 year statement in a quick first read.
Stay Safe ya'll !
Stay Safe !!
Not really. After seeing the 17 years active duty info, I'd guess that he recently went to college as part of a "functional area" advanced training.
Let's see.
Figure it's about 9 years from 2LT to Major. So, no more than 9 years ago he went to commissioned status. That leaves us 8 years active duty and 2 years reserve to account for.
I'd say he spent 8 years enlisted, went to college on a boot strap program (the reserve time), finished college and is now close to being a major.
About a year or two ago someone reviewed his record and decided he'd stand a good chance of making major so they'd send him to further schooling in exchange for an obligation whether he made major or not. He agreed.
He's now gotten the idea during college time that he wants out of the obligation so he can chase the big bucks in industry where they could care less if he ever admitted to being a homosexual.
I keep updating this, but the basic idea stays the same. He's manipulating the system.
Also, he NEVER would admit to sexual contact OUTSIDE marriage because he knows that that is illegal for any soldier, much less an officer. He'd be charged.
He's trying to use the homosexual "identity" dodge to get into a civilian job.
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