Kicked out of the Air Force for a kiss: Despite repeal of 'Don't ask, don't tell' many still feel sting

Courtesy Brian Henley

Brian Henley during his Air Force days.

Brian Henley’s life plan changed with a kiss.

An aspiring air traffic controller, he was a 22-year-old airman in 1994 out partying with friends at the Enlisted Club on the Royal Air force Base in  Mildenhall, United Kingdom.

He and his friends, he said, were laughing it up and talking when, in an act he said he doesn’t even remember, he kissed one of his fellow male airmen.

“I was drunk,” Henley, who lives in Clermont, Fla., told NBC News. “I don’t even remember it. My straight friends told me later it wasn’t even true kiss, just a joke.”

Study: No negative impacts from repeal of 'don't ask, don't tell'

Still, that kiss would provide the proof military investigators would need to kick him out of the service. He said he had been investigated before for being gay, but investigators weren’t able to come up with any proof. Plus, he said, he had the backing of a lot of straight military members. But a friend disclosed in a classroom discussion that Henley was gay, and then was pressured into telling about that kiss that the military deemed a “homosexual act” on Henley's discharge papers.   

By engaging a civilian lawyer he was able to gain an honorable discharge. But he was denied GI Benefits that he paid into, and was kicked out of the Air Force with $2,000 in his bank account and even unable to collect state unemployment in his home state of California.

Even though the military’s “don’t ask, don’t tell” policy on gays in the military was repealed a year ago, on Sept. 20, 2011, thousands of men and women who served and were kicked out for their sexual orientation still feel the sting of the policy. For many, like Henley, their lives took a much different path than they would have otherwise.


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Henley, for example, finally was able to get on his feet and complete college and is now studying to be a paralegal in Florida, but he has incurred some $25,000 in student loan debt that he otherwise would not have had if he had been able to complete his service.

Now an activist on gay issues in the Orlando area, Henley, 45, has spent the past 18 years fighting to receive those GI bill benefits to no avail. He even sent a letter to President Obama, but was referred back to the Department of Veterans Affairs, which pointed out that he had never completed his term of service, and that the 10-year window to claim the benefit had expired.

Of course the reason he didn’t complete his term of service was that he was gay.

According to a comprehensive Defense Department review of policy on gays in the military, published on November 2010, more than 32,000 service members were separated from the military due to homosexuality or homosexual conduct under "don’t ask don’t tell" and its predecessor policy. Of those, more than 13,000 were "under don’t ask don’t tell."

Generally, the Department of Defense doesn’t provide retroactive compensation unless authorized by Congress. And that doesn’t look like it is in the works, according to legal experts.

“Repeal was an enormous step forward for gay and lesbian military service members. I don’t think we can underestimate the importance of it. But it intentionally was not designed to remedy past wrongs,” David McKean, legal director of the Servicemembers Legal Defense Network told NBC News. “It didn’t attempt that and doesn’t do that.”

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Anyone who was kicked out under "don’t ask, don’t tell" or the regulatory ban that preceded it can apply to join up again. But they don’t get the time they lost, the back pay for the time they would have served or other benefits they would have received had they stayed in the military.

Though the Defense Department doesn’t allow the collection of educational benefits or back pay, those service members kicked out under the policies are eligible for medical benefits if they received an honorable discharge, Randal Noller, Department of Veteran’s Affairs spokesman, said.

“For the people that werekicked out under the regulatory ban or for DADT, that was an incredibly damaging event in thousands of people’s lives,” McKean said. “That has continuing lasting consequences. That’s just something the repeal couldn’t have remedied unless it was a much broader bill."

The next step in moving to full equality for gays in the military is recognition of the spouses of homosexual service members. The Defense of Marriage Act prevents the military from recognizing same-sex spouses.

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However, family readiness has always been considered mission critical in the military. That’s why it provides health care for families, deployment support services and moving assistance when service members are transferred among bases.

For now, spouses of same sex couples are cut out of the support and benefit system. They can’t even go on the base to go the grocery store because they are not given base identification.

That, according to activists, has set up a two-tiered system within the military, with heterosexual spouses taken care of but homosexual spouses cut out of that support.

The Democratic Party has long supported repeal of the 1996 act. President Barack Obama vowed not to defend DOMA in court, and Sen. Patty Murray, D-Wash., and Sen. Dianne Feinstein, D-Calif., unsuccessfully introduced legislation to end it.

Meanwhile, activists hope that more administrative measures could help the spouses of gay service members, such as Defense Secretary Leon Panetta ordering that base IDs be issued for spouses.

As for Henley, he is happy that the new policy is going so well but thinks someone should be looking to remedy situations such as his.

“For people like me that have already been discharged, there is nobody lobbying for us,” he said. “If I would have already paid off my student loan debt, I don’t think it would bother me so much. But when I get a monthly statement showing that debt and I know I shouldn’t have it, that’s what’s kept it on my mind all these years.”

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ANYONE who thinks there is GAY animals out there are so stupid that it is amazing they have the brain power to breath.

You see one male dog hunching another male dog, and you automatically say that the dog is gay.

YOUR AN IDIOT! You see that same dog hump a baby, are you going to think it is a pedophile dog?

RETARDED I D I O T S !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • 1 vote
#215 - Fri Sep 21, 2012 8:18 AM EDT

A partial list of animals who display homosexual behavior:

Mammals

Selected mammals from the full list:

Birds

Selected birds from the full list:

Fish


Reptiles

Amphibians

Insects and other invertebrates



  • 2 votes
#215.1 - Fri Sep 21, 2012 8:44 AM EDT

So you are saying homosexuals are no better then animals? Did you know Walrus's rape young baby walrus's all the time, so does that make rape natural also?

  • 3 votes
#215.2 - Sat Sep 22, 2012 1:31 PM EDT

No, Wendy, but your obtuseness is only exceeded by your ignorance. The fact that it occurs in so many animals is further evidence that it is naturally-occurring.

Obviously you did not attend school.

  • 2 votes
#215.3 - Sat Sep 22, 2012 2:33 PM EDT

You apparently are the ignorant one since you can't have a debate without lowering yourself to personal insults, maybe b/c I hit the nail right on the head. So it's "natural" when animals have homosexual tendencies, but not natural when they rape other animals of their own kind? Why isn't it "evidence" that rape is natural when exhibited in animals,but homosexual sex is? It's the SAME EXACT argument as yours. And if it is so naturally occurring why aren't MOST people AND animals homosexuals?Take it a step further, some people are born missing a leg so are some animals, does that make it natural occurrence in most births? It's called a "defect" for a reason.

  • 3 votes
#215.4 - Sat Sep 22, 2012 3:35 PM EDT

Where did I say that animals raping each other was unnatural? And how do YOU know that it is rape?

And if it is so naturally occurring why aren't MOST people AND animals homosexuals?

Apparently you do not know how to use a dictionary, either; just because something is naturally-occurring does not mean that it occurs in MOST of the species. Left-handedness, having green eyes, or having red hair are all naturally-occurring phenomena, but they do not occur in MOST humans, just like homosexuality does not occur in MOST humans OR animals.

It's called a "defect" for a reason.

Homosexuality is not called a "defect" at all, unless one is an ignorant bigot.

  • 1 vote
#215.5 - Sat Sep 22, 2012 5:13 PM EDT

So it's "natural" when animals have homosexual tendencies, but not natural when they rape other animals of their own kind

Does the concept of consent ring any bells in that hollow of yours?

  • 1 vote
#215.6 - Sat Sep 22, 2012 8:55 PM EDT

ErinNJ

Nice list in #215.1. Wow, animals, bugs and fish do it so it is okay. Yes, I think I have some gay plants in my courtyard. I saw some were touching their neighboring plants stamens with their stamens and others were rubbing their stigmas against the neighboring plant's stigma. Guess that proves homosexuality is normal and acceptable. Go at it you savages and pretend you are reproducing.

I'm sure if asked, these gay plants, like gay humans, would say it is normal, acceptable, very healthy and lots of fun. That should account for something in making a moral evaluation and justification of degenerate behavior.

  • 3 votes
#215.7 - Sun Sep 23, 2012 1:42 PM EDT

Guess that proves homosexuality is normal and acceptable

Proves its natural. Normal is a subjective qualifier with no worth.

Go at it you savages and pretend you are reproducing.

Reproduction is not a requirement of sex or marriage. Nobody cares.

That should account for something in making a moral evaluation and justification of degenerate behavior.

Morality is subjective. Your morals do not apply to anyone else, they are irrelevant.

Got anything new to add?

  • 1 vote
#215.8 - Sun Sep 23, 2012 1:51 PM EDT

Go at it you savages and pretend you are reproducing.

What does reproduction have to do with anything? Humans and animals only have sex to reproduce?

That should account for something in making a moral evaluation and justification of degenerate behavior.

Morality is subjective, which is why it is not legislated. I have made a "moral evaluation" of bigots like you and your "degenerate behavior," and find you to be both immoral and degenerates.

Gays don't have to justify themselves to ignorant bigots like you, or anyone else.

  • 1 vote
#215.9 - Sun Sep 23, 2012 1:56 PM EDT

If a man takes pleasure in getting a load shot up his ass, he's mentally defective and needs to be put down. Try again in the next world.

  • 2 votes
#215.10 - Sun Sep 23, 2012 11:36 PM EDT

If a man takes pleasure in getting a load shot up his ass, he's mentally defective

Scientifically men derive more pleasure from anal stimulation (stimulation of the prostate gland). This applies biologically to nearly all men.

needs to be put down. Try again in the next world.

That's death wishing. Try again in your next account.

  • 1 vote
#215.11 - Mon Sep 24, 2012 11:15 AM EDT

allswell

Scientifically men derive more pleasure from anal stimulation (stimulation of the prostate gland).

Perhaps, but shoving/or receiving a guy's pecker up a guy's ass for sexual pleasure is just plain sick and is not natural. It goes beyond any potential physical pleasure and deals with what level of perversion in furtherance of sexual gratification is acceptable. You may make all the claims you wish, but you will not convince the majority of people, despite it possible "pleasure," that it is normal behavior. Are you advocating men should maybe reject traditional masturbation in favor or shoving a dildo, sharp stick
or other foreign object up their ass for pleasure? Maybe they could search the garage, kitchen or hardware store for innovative object to pleasure themselves and others. I think most would disagree with you and believe you and your fellow practitioners are very sick people.

  • 1 vote
#215.12 - Mon Sep 24, 2012 11:39 AM EDT

You may make all the claims you wish, but you will not convince the majority of people, despite it possible "pleasure," that it is normal behavior.

Then why do more heterosexuals engage in anal sex than homosexuals?

  • 1 vote
#215.13 - Mon Sep 24, 2012 11:57 AM EDT

Perhaps, but shoving/or receiving a guy's pecker up a guy's ass for sexual pleasure is just plain sick and is not natural.

Sick is your personal opinion.

Not natural is incorrect. Given the identified homosexual activities in 1500+ species in nature.

You may make all the claims you wish, but you will not convince the majority of people, despite it possible "pleasure," that it is normal behavior.

Opinion polls already show a majority support for homosexuality. Normal is another subjective qualifier.

Maybe they could search the garage, kitchen or hardware store for innovative object to pleasure themselves and others.

Heterosexuals already do this. Hospitals have a lot of stories to tell about these people.

I think most would disagree with you and believe you and your fellow practitioners are very sick people.

Again, all polls show you to be wrong. What's more, I am heterosexual. I just support equality and logical reasoning.

  • 1 vote
#215.14 - Mon Sep 24, 2012 12:06 PM EDT

Hospitals have a lot of stories to tell about these people.

Because it occurs, in and of itself does not mean normal. The fact that there are
"stories" indicates the derisive nature in which it is viewed.

Again, all polls show

Polls are BS. If a poll did not, or does not, support you beliefs you would ignore it in a heartbeat and consider it an invalid measure. Supporting a liberal cause, does not by any measure always actually
mean you support equality and logical reasoning.

Similarly, the population of some crazy ass Muslim country would poll out showing the first to be executed sould be gays along with their Jewish neighbors followed by every other infidel. Jihadists, probably also believe the same ways and would certainly cite polling in support of their actions. Does that make the polls accurate or the Jihadi beliefs correct or moral?

I just support ... logical reasoning.

Hmm, very intersting statement. I'm sure you do, but only if it coincides with your beliefs and fits your view on life.

  • 1 vote
#215.15 - Mon Sep 24, 2012 1:04 PM EDT

Because it occurs, in and of itself does not mean normal. The fact that there are
"stories" indicates the derisive nature in which it is viewed.

Once again, normal is a statistical and subjective qualifier. Its value changes as you change the sample group. It is irrelevant.

Polls are BS. If a poll did not, or does not, support you beliefs you would ignore it in a heartbeat and consider it an invalid measure. Supporting a liberal cause, does not by any measure always actually
mean you support equality and logical reasoning.

A poll is only worth as much as its methodology. Many of the "conservative" polls released in the past few years (including "studies") have been proven to have faulty or flat out erroneous methodology. Can you prove the methodology of these polls showing 50%+ support for homosexuality?

Does that make the polls accurate or the Jihadi beliefs correct or moral?

That may make the polls accurate for the region (methodology permitting). Morality is subjective; it may be moral to them even if it is not moral to us.

Hmm, very intersting statement. I'm sure you do, but only if it coincides with your beliefs and fits your view on life.

You have yet to use actual reasoned logic in your statements.

  • 1 vote
#215.16 - Mon Sep 24, 2012 1:28 PM EDT
Reply
Comment author avatarBrian Henleyvia Facebook

Again thanks for to some of you for the well reasoned comments.....Some of my critics however don't have the ability to read between the lines. The reporter didn't put in this article all the cases of benefits being given to individuals who violated rules far worse than my "joke" that wasn't deemed an act until they needed to use it in my discharge. The investigator's uncovered the kiss early on and it couldn't be used because no one who was present took it for anything but a joke, although for some it was a tacky one. It was used post de facto when there case was collapsing and they couldn't prove something that I was in fact keeping to my circle of friends....In the military, as well as society, their are people who have to know your biz....and that's the attention I and my friends attracted...we had lives, the people obsessed with us did not...

    Reply#216 - Fri Sep 21, 2012 9:09 AM EDT

    Freedom of speech? Christians cant speak out against homosexuality, but gays can call them biggot, bible thumpers and other slurs? Who really are the biggots and hippocrites? What is good for one, is good for the other, that is true equality. The real problem is both sides are so concerned with what the other is doing, they spend all their time trying to set the other straight, and they don't see their own problem as a problem. There is only one standard of righteousness and no one attains it. Take the tree out of your own eye, so you can see clearly to remove the speck from your brothers eye.

      Reply#217 - Fri Sep 21, 2012 9:23 AM EDT

      You have your freedom of speech -- just as we have freedom of speech which allows us to speak out against you. What makes you bigots is that you want to deny civil rights to a group of people because you disapprove of or don't understand them.

      There is only one standard of righteousness and no one attains it.

      That's YOUR belief -- other people believe otherwise. Why should YOUR beliefs govern how everyone else lives?

      • 3 votes
      #217.1 - Fri Sep 21, 2012 10:01 AM EDT

      There is only one standard of righteousness and no one attains it

      Sorry bub, your Bible has no hold on me. The only reason I don't burn it is out of respect for my Christian friends who aren't flaming @!$%#s.

      • 3 votes
      #217.2 - Fri Sep 21, 2012 12:43 PM EDT

      Erin, that's YOUR belief, why should your beliefs govern how others should live? You're a hypocrite...

      • 1 vote
      #217.3 - Fri Sep 21, 2012 3:08 PM EDT

      Did I say that everyone must believe as I do?

      You are definitely lacking basic intelligence, as well as comprehension skills.

      • 2 votes
      #217.4 - Fri Sep 21, 2012 3:16 PM EDT

      under, that is the problem, you have every right to believe whatever you want, but you want to enshrine your religion into secular law

        #217.5 - Fri Sep 21, 2012 8:33 PM EDT
        Reply

        Pretty sure the gays will keep taking themselves out with their own STD's- that's what they get for turning to unnatural acts. And by unnatural, I mean that Mother Nature gave men and women different body parts so we could procreate. The male anus was not created to have a penis stuck into it (not being capable of procreation), thereby making it unnatural to do so. I don't care how many species of animals do it--humans are supposed to be better and more civilized than the other animals. If people are too dumb to protect themselves, they deserve to be removed from the gene pool. Luckily, the pool seems to be self-cleansing, via STDs! If you want to be freaks with each other, fine, but don't demand that normal society accept or embrace you and your kind. And no, I'm not religious at all, just calling it as I see it.

        • 1 vote
        Reply#218 - Fri Sep 21, 2012 1:32 PM EDT

        That isn't right to deny someone benefits he/she pays into. I can understand it better if he was dishonorably discharged, but he wasn't.

          Reply#219 - Fri Sep 21, 2012 3:53 PM EDT

          Give me a friggin' break! This guy has probably lied to everyone in his life anyway about his homosexuality---but he certainly lied about it when he joined the military. What else did he lie about? Can't have it both ways.

          • 2 votes
          Reply#220 - Fri Sep 21, 2012 7:39 PM EDT

          Before the repeal of don't ask don't tell, when signing up for any branch of the military you were required to swear that among other things you were not homosexual. So obviously, this man and anyone else who was kicked out for being homosexual are liars. Even after the repeal of don't ask don't tell, they would still be guilty of providing a false statement under oath.

          • 1 vote
          Reply#221 - Sat Sep 22, 2012 9:41 AM EDT

          The problem is that societal values, mores' and policies are dictating military functions. Liberal, civilian values should not be the standard for military functions. The two have been as different as night and day, and rightfully so. Civilian scum is civilian scum, and military scum is military scum, and never the twain shall meet. The 'special preference' I alluded to in an earlier post is simply this: gays in the military are not satisfied being in the military, they want to be recognized as "gay" while in uniform. My point is, there is no 'special' designation afforded anyone in the military, other than rank and mos (that would be military occupation skill to all you non-veterans). You were not, are not, and should not today, be recognized by your sexual preference, and that to me seems to be the point of contention that this newly acquired status has resulted in. Those serving that are in fact gay, seemingly want special exception because of their status. It just shouldn't be.

          • 2 votes
          Reply#222 - Sun Sep 23, 2012 12:28 PM EDT

          You were not, are not, and should not today, be recognized by your sexual preference

          agreed, conversely, sexual preference has been recognized as a reason to kick people out until recently.

          you say sexual preference should not be recognized in the military, and I agree, that would include not recognizing it as a reason to kick people out.

          gays and non-gays alike should be held to the same non-fraternization and non-harrassment standards within the military

          • 1 vote
          #222.1 - Sun Sep 23, 2012 1:02 PM EDT

          Comment # 223 deleted for death wishing.

          fred the puppy banned.

          • 1 vote
          #222.2 - Wed Sep 26, 2012 4:56 PM EDT
          Reply
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