ACLU Sues Defense Dept. Over Lesser Separation Pay for DADT

The American Civil Liberties Union has filed a class action lawsuit against the Department of Defense over its policy of halving the separation pay for service members honorably discharged through "Don’t Ask, Don’t Tell." The ACLU reports, "The separation-pay policy is not part of 'Don't Ask, Don't Tell' and the Department can change it immediately without waiting for congressional approval."

The lead plaintiff in the case is Richard Collins, a decorated former staff-sergeant in the U.S. Air Force who served for nine years until he was discharged from service under the "Don't Ask, Don't Tell" policy. Mr. Collins's superiors learned that he is gay when two civilian co-workers observed him exchange a kiss with his civilian boyfriend. Mr. Collins received an honorable discharge from the Air Force but discovered after the discharge had been completed that his separation pay had been cut in half on the grounds of "homosexuality."

The ACLU and the Servicemembers Legal Defense Network first contacted the Defense Department in November 2009 to request that the separation-pay policy be revised to eliminate the discrimination against gay and lesbian service members, but the department has refused to do so. Because of its refusal to change this discriminatory policy, the American Civil Liberties Union and the ACLU of New Mexico have filed this class action lawsuit in the U.S. Court of Federal Claims.

The ACLU invites other servicemembers discharged DADT to join the class action.

"All United States service members who at any time from November 10, 2004 through the present were involuntarily separated from the military and were, pursuant to 10 U.S.C. § 1174, entitled to full separation pay, but were deemed to be not fully qualified for retention and denied reenlistment or continuation because of homosexuality and therefore had their separation pay reduced by one-half."

More information at ACLU ...

Comments

[Diva1961]

So not only is the DOD stealing these veterans dignity, they're stealing their money. I hope all the thousands of people who have been kicked out because of DADT, join in this lawsuit and force the govenrnment's hand in all of this foolishness. What a messed up Veterans Day gift. i hope it gets so messy that the govenrment is forced to both re-instate all that want back in, and all financial pay offs are made to the lgbt military personnel.

[Hotlips]

GET THEM! Get your money and expose the BS!

[libhomo]

This reminds me of how the military lies about brain injuries, claiming that the people had preexisting conditions. Then, they deny them veterans benefits and make them pay back part of their signing bonuses.

The way this country treats the people who fight for it is unacceptable.