Puckett & Faraj

“Don’t Ask, Don’t Tell” Policy on Gays in the Military 

The May 19, 2009, Wall Street Journal article on “Obama Avoids Test on Gays in the Military,” shows once again how unfair the application of this policy can be.  The Air Force involuntarily separated Major Margaret Witt from the service, claiming she violated 10 USC § 654 and the DoD, “Don’t ask, Don’t Tell,” policy.   She filed a lawsuit in a federal district court, claiming the Air Force should not apply the ban on Homosexuals in the Military based solely on her private, personal relationship with a civilian woman.  She argued that without a clear and detrimental impact of her personal life choices on the good order and discipline of her reserve unit, or any adverse impact while on active duty in the Air Force, there should be no violation of the DoD policy.

 The Ninth Circuit Court

The Ninth Circuit Court of Appeals in San Francisco ruled that the government must show why military discipline would be imperiled by the specific presence of Major Witt.  The Obama Administration could have appealed this ruling by filing with the Supreme Court by a May 3^rd deadline.  The Administration failed to file, and as a result the trial in federal district court will continue in light of the Ninth Circuit ruling.  The government must now prove specifically how Major Witt’s mere presence in her unit is detrimental to good order and discipline. 

 Military Criminal Defense

 The Law Firm of Puckett & Faraj, PC is zealous in defending the rights of military members against wrongful application of this broad policy to a specific individual situation.  Good order and discipline is vital to the execution of a military operation.  However, targeting an individual’s personal, off-duty life without proof of detriment to the Service or another military member is not consistent with the Uniform Code of Military Justice.

The Law Firm of Puckett & Faraj, PC, defend the rights of all military members and work to support the fair treatment of our brave men and women.  If you or a member of your family is being investigated by the military, please call our toll free number for a free consultation, 877-970-0005; or contact us via Email.  Your questions will be answered and all communication is protected by the attorney-client privilege.

We have found that many Individual Ready Reserve (IRR) soldiers, especially those who are being recalled to active duty for a second or third tour, are not aware of the process for requesting an exemption from or a delay of their orders.  The Law Firm of Puckett and Faraj, PC, has been successful in achieving those types of results for its clients who have legitimate reasons for not returning to active duty.  We collect all of your personal information and put it into a persuasive package designed to achieve your goals.  We know the law, and we know what works and what doesn’t.  Allow us to be your advocates to have the best possible chance of delaying or avoiding that second or third tour in combat.