The proceedings against Seaman Jarod McIntosh, a 21-year-old culinary specialist assigned to the gold crew of the USS Wyoming, began in April when he brought his camera phone along with him to work.[Emphasis mine] They also say the characterization of his discharge will "limit his benefits" in the video accompanying this story. As the man says, "That does not make sense". While the Navy spokesman says, correctly, that the Navy can't release any information on the characterization of an individual Sailor's discharge, here's what the instruction says:
Photographic equipment is prohibited aboard the boat, where McIntosh had been assigned for almost three years, although it is not generally considered a major offense.
“They deemed bringing the cell phone down to the boat was not grounds for separation,” McIntosh said in a YouTube video he posted about the situation, “but being gay was.”
When the boat’s duty officer found the phone, it was confiscated and turned over to security agents who checked for classified information, McIntosh said. “I thought everything would be fine and it’d just go away,” McIntosh said.
The search didn’t turn up any classified information, but it did find pictures of his boyfriend — “some very personal pictures I would have rathered no one saw, but especially my boss, basically,” the sailor said.
Two weeks later the boat’s captain... told McIntosh he would be receiving an other-than-honorable discharge, the sailor said in the video.
WHEN during the current term of service, the member attempted, solicited, or committed a homosexual act with aggravating circumstances as follows:While I don't know if one of the aggravating circumstances existed, this seems like one of those times when the person being separated can basically say whatever he wants, and the Navy isn't allowed to respond. Based on my (admittedly limited) experience, everyone I knew discharged under DADT received a General or Honorable Discharge. Personally, I'll believe that he's really not getting an Other Than Honorable discharge unless and until he releases the discharge paperwork.
· by using force, coercion, or intimidation;
· with a person under age 16;
· with a subordinate in circumstances that violate customary naval superior-subordinate relationships;
· openly in public view;
· for compensation;
· aboard a naval vessel or aircraft; or
· in another location subject to naval control, under aggravating circumstances that adversely impact good order and discipline; or morale-comparable to the impact created by such activity aboard a vessel or aircraft
THEN (the) separation type can be OTH per MILPERSMAN 1910-300
WHEN processing by reason of statement (see Note) or homosexual acts or marriage do not meet criteria for OTH consideration cited above
THEN the separation type may be GEN or Honorable (HON) per MILPERSMAN 1910-300
Update 1534 13 Aug: The story from The Florida Union-Tribune has been changed since I posted the excerpt; one of the changes is that they had the wrong name for the CO (the name they originally wrote hasn't been the CO of that crew for some time). I replaced that incorrect name with an ellipses, but left the original excerpt in place otherwise. You can click the top link above to see the updated article. The current CO mentioned in the article is CDR Diego Hernandez.
