The 'New' DADT Enforcement Rules Ensare A Sailor Who Wasn't Asked And Didn't Tell

[terrya]

And there will be more of these stories as long as this ridiculous, discriminatory law is allowed to stand.

On April 28, Jarod Mcintosh went to work on the nuclear submarine the USS Wyoming -- where he served as a cook -- with one extra disallowed piece of equipment in tow: his G-1 phone from T-Mobile. By the end of the day, the presence of his phone set into motion of a chain of events that will result in Mcintosh's general discharge from the U.S. Navy under Defense Secretary Gates' much-vaunted new rules for Don't Ask Don't Tell enforcement. Those rules, of course, were supposed to protect service members from being outed by third parties and in the course of other investigations -- but, in Mcintosh's case, they didn't work that way.

On a nuclear submarine, all photographic equipment is prohibited, and cell phones with cameras are included in the prohibition. But sailors caught with phones generally just have them confiscated, according to Mcintosh, and returned at the end of the shift, after which sailors usually face disciplinary action for disobeying orders. So when the ship's duty officer saw Mcintosh's cell phone and confiscated it, that's what they both thought would happen.

Instead, at the end of Mcintosh's shift, he was told that the phone had been turned over to his commander who, in turn, turned the phone over to NCIS for a more thorough review. That's when Mcintosh got into real trouble -- because on his phone were pictures of Mcintosh and his boyfriend on vacation, as well as some pictures of a more intimate nature.

http://tpmmuckraker.talkingpointsmemo.com/2010/08/the_new_dadt_enforcement_rules_ensare_a_sailor_who.php?ref=fpblg

[Starry Messenger]

1. k & r

[VMI Dem]

2. They should have more surveys on this whole thing.

Drag it out some more.

Tragic.

[Forkboy]

3. K&R

[lpbk2713]

4. I'll have to play Devil's Advocate for the Navy this time.

If that phone has GPS enabled it would certainly be a security threat to the submarine.

[Commie Pinko Dirtbag]

5. The officers didn't give a flying fuck about GPS.

They expelled him for teh gay.

Or do you think a phone's GPS suddenly becomes more accurate if it contains photos of gay snuggling?

[lpbk2713]

6. The way I read the OP ...

he was observed using a cell phone which was not allowed. They found the pics later.

[Commie Pinko Dirtbag]

7. Well, read it again.

It's not an expelling offense. It's stated right there.

[VMI Dem]

8. Read it again.

[Radical Activist]

14. Sure, but

that's not an excuse for them to start looking at pictures on a person's phone. GPS had nothing to do with that.

[petronius]

15. Wouldn't work under water, right, or anywhere out of range of a cell tower?

My bet is the officers already suspected this particular sailor was gay, and chose to search this particular phone in a deliberate attempt to get the evidence. Which to me, is just a non-verbal way of 'asking.'

Unless this commander has a habit of snooping through confiscated phones, which is also pretty creepy...

[Solly Mack]

9. k/r

[RainDog]

10. sickening n/t

[QC]

11. Sensible, pragmatic kick. n/t

[Brickbat]

12. Shameful. Giving this an incremental K&R.

[Radical Activist]

13. Ridiculous.

rec.

[Canuckistanian]

16. This gets into the LEGAL definition of the words "ask" and "tell"

It sure looks like the "ask" part is decidedly missing. I hope some brilliant legal mind tackles them.

Of course, none of this would be relevant if the law were repealed as it should have been long ago.