THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Monday, October 3, 1994 TAG: 9410030040
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: NEW RIVER MARINE AIR STATION, N.C. LENGTH: Medium: 61 lines
Attorneys for a Marine accused of being a lesbian say she is the victim of a witch hunt and could lose her right to an honorable discharge.
Lance Cpl. Elena Martinez, 21, a disbursing clerk here, faces an administrative discharge board Wednesday.
Martinez says she is not a lesbian, but admits getting an affectionate kiss on the cheek from another woman that apparently was seen by one of her male accusers. The act touched off an investigation that could cost her an honorable discharge from the Marine Corps.
``I don't feel I've done anything wrong,'' Martinez said. ``I've served almost three years. I've served honorably and haven't done anything to discredit the Marine Corps.''
Her attorneys, Mark Stevens and George Kripner, said Martinez has been under a Marine Corps microscope since the accusations surfaced. The Marine Corps wants to give her a general discharge under honorable conditions, which is less prestigious than an honorable discharge, Stevens said.
Stevens and Kripner also contend that, aside from the fact Martinez is not a lesbian, the Marine Corps probe has violated the Pentagon's ``don't ask, don't tell'' policy on homosexuals.
Martinez, who is married but separated from her husband, wants an honorable discharge to preserve her GI Bill educational benefits. A native of Dallas, Texas, she has been in the Corps almost three years, with above-average ratings in proficiency and conduct. Martinez said she has homosexual friends in the military, but there is nothing sexual between herself and them.
``I don't really see what anybody's sexuality has to do with their work performance as long as they do what they're told and do it to their ability,'' she said.
The Servicemembers Legal Defense Network, a private legal advocacy group based in Washington, D.C., sent a message Friday to Brig. Gen. Fred McCorkle, commanding general of Cherry Point air station and Marine Corps Bases, Eastern Area, which includes New River. The network was founded about a year ago to defend military personnel accused of being homosexual.
``The course of the case to date bears all the marks of the type of witch hunt forbidden by the new regulations,'' the group's letter said.
Stevens faxed a letter to the air station's headquarters on Friday to be forwarded to McCorkle, asking him to grant Martinez an honorable discharge.
The Marines would not comment on the matter.
``It would be inappropriate to comment on a package that has not been seen,'' said Chief Warrant Officer-2 Nolan Wells, a spokesman at Cherry Point.
In his letter to McCorkle, obtained by the Jacksonville Daily News, Stevens said the allegations against Martinez stem from rumors in 1992 that spread throughout her unit. The allegations were that a female Marine had walked in on Martinez and another woman while they were having sex.
``The allegations were summarily dropped simply because the witness denied ever making such a statement to anyone,'' Stevens wrote.
KEYWORDS: HOMOSEXUAL MILITARY U.S. MARINE CORPS by CNB