Marty Dwyer is a fighter. For the unfortunate situation he's in, that label is appropriate on more than one level.
On Feb. 28, Dwyer was discharged from the Illinois Air National Guard under the 'don't ask, don't tell' ( DADT ) policy after officials discovered that the 13-year veteran had a profile on the Web site Gay.com . Now, the case has taken another twist: Illinois Gov. Rod Blagojevich—who signed the original order discharging Dwyer—has now called for a review of the case.
As if that wasn't enough, there are conflicting statements regarding the governor's own stance regarding DADT. While the Associated Press quoted Cheryle Jackson, a Blagojevich spokesperson, as saying that the governor does not agree with the policy, Deputy Gov. Bradley Tusk told the AP the opposite. ' [ Blagojevich ] doesn't have a problem with [ DADT ] ,' he said. 'I think he's OK with it, as President Clinton was.' ( When asked about the governor's position regarding DADT, Jackson responded to Windy City Times that the policy is 'the law of the land and [ Blagojevich's ] concern is if the law has been applied properly.' )
Regarding the discharge itself, Dwyer says that the reasoning is inconsistent. 'What was written down by order of the governor was 'Homosexual conduct/homosexual statements,' Dwyer told Windy City Times. 'What was issued on the actual paperwork was 'Misconduct/homosexual activities.''
'It has been brought to the forefront that it was an illegal and improper investigation,' he said. 'They also discharged me while I was on a convalescent leave,' indicating that he had wrist surgery a month before being expelled. 'When they discharged me, they did it under Air Force instruction, which allowed them to kick me out even though I'm out on medical leave,' he added, pointing out what he said is one of many violations the Guard committed. 'If they had followed the Air Guard regulations, they weren't allowed to kick me out. So the discharge order is under Air Force instruction, but the actual discharge papers [ involve ] Air Guard regulations.' ( Incidentally, Dwyer refused to sign his separation papers because he said that 'misconduct' was not the reason he was discharged. )
Also, Dwyer believes that the military investigation that led to his discharge involved a source who was not credible. ( Timothy Robert Hugo was the one who originally filed a complaint with the National Guard's inspector general, claiming that Dwyer threatened him with bodily harm. However, according to an article in The Illinois Times, Hugo filed because Dwyer rebuffed his advances. ) 'When the investigator asked Hugo his occupation, he said that he was on SSI for a mental breakdown,' stated Dwyer, who also lost his full-time job with the Department of Military Affairs. 'You'd think that credibility would be lost at that point.'
Dwyer also said that he made an offer to the Guard to step aside, provided that he be allowed to recover from his surgery—but they rejected that overture, making things especially hard for him. 'When I left I had no benefits, no pay—nothing,' he declared. 'I had to cash in my retirement plan to live right now. I'm unemployable right now. If it hasn't for what I have in my thrift savings plan, I'd have nothing. Thirteen years are gone.'
Eventually, Dwyer filed a complaint with the Illinois Department of Human Rights. However, even that procedure didn't proceed smoothly, he contends. 'They weren't going to take it initially because they thought I was military,' he recalled. 'I told them I was Air National Guard and Rod Blagojevich is my commander-in-chief. The guy I spoke with said that he was in the Army for six years and said that he knows these things. I told him to go f**k [ himself ] .' On March 21, Dwyer filed with a different investigator, who served the Air National Guard.
Fortunately for Dwyer, several people are in his corner, including gay State Rep. Larry McKeon. 'He's extremely angry,' Dwyer said. 'The avenue of his approach—which I happen to agree with—is threefold: being discharged from the Guard, losing my full-time job and being discharged while on medical leave. When this whole thing came down, he called [ Attorney General Lisa ] Madigan's office and called for a copy of the file right off the bat.'
As for reports of Blagojevich's review, Dwyer said he doesn't take too much stock in them: ' [ I've heard ] the same that you've seen and heard—and that's from the publicity. Have I heard anything from the governor's office? No, I have not.' ( Jackson confirmed to Windy City Times that, on May 4, a letter requesting a review was sent to Madigan's office. ) When asked if he thinks that the call for a review is connected with the fact that this is an election year, Dwyer is nothing if not blunt: 'In my opinion, yes. When you're losing in the polls in Chicago, you're going to do everything you can. What carried him last time? Chicago.'
