Obama's DOD not required by law to dock gay servicemembers pay

[Bluebear]

They’re doing it because they want to.

(Via Americablog): We reported yesterday on the fact that the Obama administration was back in court defending a discriminatory anti-gay policy in which they're docking the pay of some gay service members kicked out under "Don't Ask, Don't Tell," to the tune of 50% of their retirement. Why are they docking their pay? "For homosexuality," according to the Pentagon.

Yes, they're cutting the retirement benefits of gay service members explicitly because they're gay.

Yesterday I caught some flak from the usual suspects who didn't think this story was true, and/or who thought DOD's hand were tied by legislation that required them to dock the retirement pay of DADT victims...From the ACLU:

Congress made a judgment that military personnel who serve their country for at least six years and are honorably discharged should get separation pay. The Department of Defense decided to cut that separation pay in half for any service member who is discharged for "homosexuality." The ACLU has filed a class action lawsuit challenging that discriminatory internal policy of the Department of Defense as unconstitutional. 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.

http://gay.americablog.com/2011/05/obama-not-required-by-law-to-dock-gay.html

[efhmc]

1. Not saying that this is incorrect information but just don't

see how it is legal unless the DOD is saying that the DADT people who were "fired" broke the rules and therefore are not eligible for their complete payments?

[Bluebear]

2. Maybe they didn't break the rules. Maybe they were outed, for instance?

[efhmc]

3. Oh, I see what you mean. Anyway it happened, it stinks.

[Bluebear]

4. .

[StarsInHerHair]

5. it's really disappointing for me, that Obama is on the wrong side of this

fix it already!

[Bluebear]

7. thank you

[Obamanaut]

6. Isn't it true that the separation pay mentioned is given to servicemembers

who are leaving the military after six years but prior to eligibility for retirement?

If that is true, then they are not retiring, thus, no one's 'retirement' is being reduced by 50%. The separation pay is a one time deal, retirement pay is ongoing until death.