THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, September 13, 1994 TAG: 9409130329
SECTION: LOCAL PAGE: B11 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: CAMP LEJEUNE LENGTH: Medium: 73 lines
Marine Corps Sgt. Justin Elzie, who publicly admitted his homosexuality last year and filed a lawsuit to stay in the military, has been recommended for promotion.
Officially, the Marine Corps wants to discharge him.
But Elzie has received glowing performance evaluations in the past year.
``I have had three different commanding officers who have recommended me for promotion,'' said Elzie, a 12-year veteran of the Corps. ``I really respect those officers who gave me marks based on my performance as a Marine.''
Elzie can shoot, too. He recently rated ``high shooter'' in his group during an annual rifle requalification at Camp Lejeune, scoring 237 out of a possible 250 points with an M-16 rifle.
Despite his high marks, Elzie remains in a quiet state of siege, working each day in a world that seems to have accepted him on a personal level but still seeks his expulsion.
Elzie disclosed his homosexuality on national television, following President Clinton's speech proposing to lift the ban on gays in the military. The Marines quickly moved to administratively discharge him.
Elzie filed a lawsuit against the government in September 1993, claiming his discharge violated his right to free speech.
U.S. District Judge Stanley Sporkin ordered the Marine Corps to retain Elzie on active duty until his lawsuit is resolved.
While he works in legal limbo, his efforts have not gone unnoticed. In his Marine performance evaluations, Elzie said he consistently has been rated ``excellent'' or ``outstanding,'' the two highest marks that can be awarded.
Public affairs officials at Camp Lejeune confirm that Elzie has been recommended for promotion during the past year, but won't discuss details in an individual's evaluation.
Elzie said higher ranking officers, however, have not concurred with recommendations for promotion because of his legal status.
A promotion board is not obligated to select any Marine for promotion, nor is it required to explain why a Marine is not selected.
A Marine Corps spokesman, Chief Warrant Officer Robert Jenks, said that officially, there is no reason why Elzie cannot be promoted.
``If Sgt. Elzie is eligible for promotion, he will be considered like every other Marine,'' he said.
Current military policy states that homosexuals can serve as long as they do not openly admit their sexual orientation. The idea behind the policy is the belief that homosexual conduct is contrary to the good order and discipline of the military.
A recent court ruling, however, further challenges that policy. Last month, the 9th U.S. Circuit Court of Appeals let stand the reinstatement of Navy Petty Officer Keith Meinhold, who had publicly announced his homosexuality.
The court held that a statement by an individual claiming homosexuality is not grounds for discharge because merely admitting being gay isn't an admission of homosexual activity.
Between 1983 and 1992, some 900 Marines were discharged for homosexuality, according to the Camp Lejeune public affairs office. Eight Marines from Camp Lejeune were discharged in 1993 for homosexuality.
While the military and courts struggle to cope with shifting policy terrain, Elzie continues to go about the day-to-day business of being a Marine. He lives in a barracks room on base. In his unit, sergeants usually have a private room, and Elzie has his.
But there are times when the tension rises, usually when someone meets him for the first time, he said.
``I try to just come across as a Marine Corps sergeant,'' Elzie said. ``I am not timid. I know my job.''
KEYWORDS: GAYS IN THE MILITARY HOMOSEXUALS U.S. MARINE CORP by CNB