NORFOLK — Almost two weeks after the repeal of Don’t Ask, Don’t Tell went into effect, a sailor says he’s being singled out because he’s gay.
Originally, Robert Rodriguez was being investigated for allegedly stuffing paper towels into a sink of a Naval Station Norfolk trailer, to flood it.
Rodriguez denies causing any damage to the trailers.
In the investigating officer’s report, it states that “He is a homosexual and is currently seeing a social worker due to being HIV positive.”
“The homosexuality has nothing to do with it,” said Rodriguez who is an information systems technician.
The sailor admits he was asked about what medications he was taking, which led to his sexuality.
However, he does not think it should have been explicitly included in the report.
“Information that is irrelevant to this case- stating my homosexuality and my medical conditions is placed in the report- has nothing to do with the destruction whatsoever,” said Rodriguez.
A spokesperson for the Navy sent 13News an e-mail statement on the situation saying, “The Navy is dedicated to providing an environment in which all personnel can perform to their maximum ability, free from biases based on race, color, ethnicity, national origin, gender, religious or other stereotypes,” said CDR Monica Rousselow, public affairs officer.
She added that Rodriguez voluntarily shared information on his medical status and sexuality.
Attorney Kevin Martingayle says despite the Seaman’s admission, he says those details should have been left out.
“I cannot imagine a report that says, ‘He is heterosexual and is currently seeing a social worker because of difficulties with cancer treatments,’” said Martingayle.
He added, “If there’s no legitimate reason for the inclusion of this information, it starts to look like it has been included for prejudicial purposes.”
Rodriguez has also reached out to Senator Jim Webb’s office on the matter.
A representative for the Senator said that she could not comment on open cases.
by David Ham
WVEC.com
September 30, 2011