Ban on gays serving openly in the military still technically in effect as repeal phases in
By Aaron Glantz / March 31, 2011 / The Bay Citizen
Derek Morado won't be kicked out of the Navy after all.
The 26-year-old Navy petty officer second class on Thursday walked out of a six-hour hearing at Naval Air Station Lemoore, outside Fresno, and breathed a high of relief.
The Navy Administrative Separation Board recommended Morado be allowed to stay in the military even though he revealed he was gay on his MySpace page.
"My personal life will continue to be my personal life," he told The Bay Citizen, "but now I don't have to hide, I don't have to struggle."
As a result of the hearing, Morado -- a Sacramento native -- will be allowed to continue his duties at Lemoore, where he builds missiles and bombs.
At the hearing, four friends testified on Morado's behalf -- two members of the U.S. Navy and two people outside the military.
The Navy did not present any witnesses in support of a discharge.
Morado's hearing occurred exactly 100 days after President Barack Obama signed legislation phasing in a repeal of the "don't ask, don't tell" policy that forbids gays and lesbians from serving openly in the military.
The policy remains in effect, though the director of the Servicemembers Legal Defense Network, which represents gay soldiers, sailors, airmen and marines said he was aware of just one discharge under the policy since the repeal passed.
Heather Cronk, managing director of the LGBT-rights group GetEQUAL.org, which has been supporting Morado, offered cautious optimism in response to the Administrative Board's decision.
"We don't know how many others are in Derek's situation, but it's clear that there are still people being negatively impacted by this policy -- even after it's been repealed," she said.
Before the hearing's conclusion, a Navy spokesman told The Bay Citizen that even if the personnel board found Morado had violated don't ask, don't tell, he would not have been immediately discharged.
"While the policy still remains in effect, no military person will be discharged without the approval of the service secretary," in this case the Secretary of the Navy, Navy spokesman Brian O'Rourke said.
The Servicemembers Legal Defense Network estimates that don't ask, don't tell will completely eliminated this year, either in the summer or fall.
"I suppose it could take longer, but I hope it doesn't," Morado said. "The Navy and the military as a whole can only move up from here on out."