ACLU files suit for soldier discharged over "Don't Ask, Don't Tell" (separation pay 1/2 for gays)

Gay ex-airman sues over separation pay policy
By Bruce Rolfsen - Staff writer
Posted : Monday Nov 15, 2010 5:42:22 EST


A former Air Force staff sergeant ordered to leave the service because of “don’t ask, don’t tell” has sued the federal government over a Defense Department policy that cuts in half the involuntary separation pay for service members separated for violating the gay ban.

Richard Collins, who spent nine years in uniform and was a staff sergeant when ordered to leave in 2006, filed the federal lawsuit Wednesday with the help of the American Civil Liberties Union.

The ACLU said that if Collins prevails, he and at least 100 former service members could retroactively get full separation pay plus interest.

The lawsuit does not challenge “don’t ask, don’t tell.” Instead, it focuses on the 1991 Defense Department policy that limits separation pay to 50 percent of the amount most service members involuntarily released receive when they have honorable discharges.

Collins received half of what he had coming — $12,351 of the $25,702 had he received full separation pay.

“It was like a slap in the face,” Collins said about learning his nine years of service rated half the pay of other airmen.

Collins had intended to make the Air Force a career.

“At that point, I had half my time in,” he said.

Now a community college student in New Mexico, Collins said he would rejoin the Air Force if “don’t ask, don’t tell” is reversed.

Collins said he wanted to challenge the separation pay decision in 2006, but couldn’t find an attorney to take his case. About two years ago, friends suggested he contact the ACLU and his complaint gained momentum.

Collins joined the Air Force in 1997 and was assigned to F-16 Fighting Falcon maintenance units at Aviano Air Base, Italy; Luke Air Force Base, Ariz.; and finally Cannon Air Force Base, N.M. Along the way he earned early promotion to senior airman and the Lt. Gen. Leo Marquez Award in 2001 for best weapons loader, the lawsuit says.

While off base from his job at Cannon as a unit training manager Jan. 6, 2006, two civilian Cannon employees spotted Collins kissing his boyfriend. The workers informed Cannon commanders, and Collins was notified Jan. 26 he was under investigation. In February 2006, Collins waived his right to a hearing and agreed to leave with an honorable discharge. March 10, 2006, was his last day in uniform.

In the weeks leading up to leaving the service, Collins said, no one told him that he would get only half the usual separation pay,

Typically, military members with at least six years of service who are not eligible for retirement qualify for involuntary separation pay when they are ordered to leave the service and have an honorable discharge. The amounts change yearly and are determined by rank and months of service.

The lawsuit, filed in Washington, D.C., at the Court of Federal Claims, points out that the 50-percent policy was put in place prior to the adoption of “don’t ask, don’t tell” in 1993.

“The DoD instruction reflects an outdated policy equating sexual orientation with misconduct,” the lawsuit claims.