Sailor: Discharged For Being Gay?

netrox said:
do you have proof he was fired other than for being gay?
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If I am following this correctly, only the military knows at this point. I'm also detecting some trolling here and it needs to stop before it gets outta hand.
 
TXgolfer said:
Nope....and I didn't claim to know why he was fired either......You did.
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Courts will NEVER consider absence of proof as evidence. They want all the facts before they decide. If a fact is left out that could change the decision, too bad. That's the way it is.

I am citing my decision BASED on given facts. If you have proof that he was fired for something else, then prove it. The burden's on you.
 
netrox said:
Jiro, are you missing the point? Given the facts, he was NOT fired for fraternization. He was fired only because he was gay. Would he be fired if it was a picture of his girlfriend/wife? It didn't say that his boyfriend was a shipmate or in military. If his bf is in military then the military would have a legal reason to fire him but that's not the case.. he was fired just because the military found out his homosexuality.
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correction - you do not get "fired" from military. You get discharged.

Navy tightens tech use
New rules for using Navy IT

The Navy issued a policy in July that limits how personnel can use service-owned information technology. That policy contains six rules prohibiting service members from:
-Automatically forwarding official Navy e-mail to a commercial account or using a commercial account for official government business without approval.
-Installing or modifying hardware or software without approval.
-Circumventing or disabling security measures, countermeasures or safeguards, such as firewalls, content filters and antivirus programs.
-Participating in or contributing to activity that causes a disruption or denial-of-service attack.
-Writing, compiling, storing, transmitting, transferring or introducing malicious software, programs or code.
-Using peer-to-peer file-sharing applications, such as Kazaa, Shareaza and OpenP2P, without approval.
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netrox said:
Courts will NEVER consider absence of proof as evidence. They want all the facts before they decide. If a fact is left out that could change the decision, too bad. That's the way it is.

I am citing my decision BASED on given facts. If you have proof that he was fired for something else, then prove it. The burden's on you.
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So.....you know for FACT that he wasn't fired just for breaking the no cell phone rule???
 
So, bringing a phone in ship is a ground for discharge? I'd like to see that.
 
TXgolfer said:
So.....you know for FACT that he wasn't fired just for breaking the no cell phone rule???
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Logical conclusion. It was not stated as such on his discharge papers. If it were, he would have no grounds for a lawsuit.
 
Gay Kings Bay sailor challenges dismissal from the Navy | jacksonville.com
McIntosh's commanding officer argued against that verdict, saying he wanted the sailor back on the boat. If McIntosh had to leave, Cmdr. Diego Hernandez said, it should be an honorable discharge. A general discharge, which is what McIntosh is slated to receive, would stop him from getting some benefits.

"The captain made it very clear he didn't care what my orientation was and that I was still a great sailor and that he wanted me on board," McIntosh said.
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probably a good proof that he wasn't discharged for being gay
 
From the comments

1SubSailor 1 month ago

He had a camera phone on a Nuclear powered Ballistic Missile Submarine and was standing a fire watch when he was caught. He was playing a game on it and not standing a proper watch which could have put the boat and crew in danger. We all knew he was gay and didnt care but we also know not to have camera phones down at the waterfront much less on the boat. There are signs everywhere. He was also far from a model sailor. Jarod even spoke of doing his 3 years to get the G.I. bill and getting out for being gay so he could pay for college. He also got married to try to hide it and defraud the Navy by collecting housing allowance with dependants as well as on his taxes. So techically he stole from all of us. Not to mention the pic of him smoking pot on his facebook.


Scott Gibbs 1 month ago

Digital1 excellent point you made in regards to CSSN McIntosh. Obviously not the model sailor. In regards to the discharge of this sailor. Regardless of his homosexual nature, which is sufficient grounds for a discharge under the UCMJ, he shouldn't get discharged for that reason. However, the Navy does have new rules on alcohol related incidents. Two alcohol related offenses in your career and your processed out of the Navy anyway. His first offense underage drinking his second offense DUI he should have been processed out way before the camera phone incident anyway. One it would have saved himself the embarrassment of going to the news and portraying himself as an outstanding sailor that he wasn't. Either way you look at it he would have received the same discharge whether it was for the alcohol related incidents or if it was for the homosexual conduct.
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Interesting......
 
netrox said:
So, bringing a phone in ship is a ground for discharge? I'd like to see that.
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interesting comments
Everyone seems to think that gays in the military is a major issue or problem, when it isn't. There have always been gays in the military, and there always will be. Since the days of Julius Caesar, Napoleon, in every Military branch of every nation, there are, and always have been gays in service. This is not the issue. The reason he got in trouble was for having his cell phone at the docks, where some of America's most highly classified equipment is stored and serviced for deployment. The concept of security is extremely important, and should be second nature to any serviceman, especially there. Cell phones not only have cameras, most now have GPS locators built into them, which could, hypothetically, provide an enemy with the exact position of our subs for a potential attack. He knowingly breached those rules! By doing so he was putting the safety and security of everyone else at risk. To the security department at K.B., Good Work!
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I don't believe he should be discharged for being gay, but I do think he should be discharged for putting his sub and fellow crew members in danger. It's not the Navy's policy to put orders in place just so peoples phones can be confiscated. He was told not to bring his phone on board, he didn't care. Not only did he not care, but he even pulled it out in front of his supervisors. He knew the policy and yet he still had inappropriate pictures on his phone. Don't ask don't tell not only covers verbal it also covers visual proof. The CO of the ship had no choice when confronted with it. If you don't like the policy get made at the duly elected officials in Congress that haven't changed it, not at the CO for following explicit instructions on what he has to do.
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best comment ever -
He is being discharged because he was STUPID. He took pictures of himself, probably during somekind of gay event. He then took the phone with the pictures on it into a highly secure area of Kings Bay, where no camera phones are allowed. Don't play the "gay" card, play the "stupid" card.
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Wirelessly posted

Kind of remind me of those murder mysteries where the suspect is arrested for a minor thing, then the authorities did some digging and added a bunch of charges ontop of the initial charge.
 
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