Soldier who faces expulsion allegedly targeted for being gay

A military police officer assigned to the U.S. Army’s Old Guard unit faces dismissal from service after he was targeted by investigators for possibly being gay, says his legal counsel, the Servicemembers Legal Defense Network.

Christopher Mastromarino, who served in Korea before being recommended for duty with the prestigious Old Guard—a unit that performs ceremonial duties for the president and guards the Tomb of the Unknown Soldier—has undergone three investigations that his legal advocates believe were prompted when his command learned other soldiers thought he was gay. Emily B. Hecht, the SLDN attorney assigned to Mastromarino’s case, said the investigations that resulted in criminal assault charges amounted to“an antigay fishing expedition” into Mastromarino’s personal life. Mastromarino may be discharged later this week if his command elects to follow through on the three court-martial convictions.

“Rumor, hearsay, and homophobia have jeopardized the career of a soldier with an otherwise sterling service record,” said SLDN’s Hecht. “There is strong evidence to suggest the charges against Mastromarino have been trumped up and exaggerated in order to drum out a member of the Old Guard who the command believes is gay.”

Hecht noted that one of the assault charges stemmed from an incident in which the alleged victim, another soldier in Mastromarino’s unit, acknowledged there would have been no presumption of assault had the incident occurred with any other service member.

Army investigators brought Mastromarino to court-martial in May over that assault allegation. During the course of the investigation, SLDN says military investigators specifically questioned other male troops in the Old Guard about their interactions with Mastromarino and learned that many of his fellow soldiers believe Mastromarino is gay. Mastromarino, who was ultimately convicted at court martial, now faces expulsion from the Army and a conviction that would prevent him from continuing his law enforcement career in the civilian community.

Mastromarino enlisted in the Army in 2003 and joined the Old Guard unit in October 2005. Shortly thereafter, he said, other soldiers began to spread rumors about his sexuality. “People started calling me ‘fag' and ‘queer',” he said in a recent interview with reporter Julie Weisberg of PageOneQ.com. “And I've had people write things on the bathroom wall about me like, ‘Mastro is a faggot.’” Mastromarino has declined to say whether he is gay based on the military’s “don’t ask, don’t tell” policy.

In January sexual harassment charges were brought against Mastromarino but were later dropped due to lack of evidence. Those charges were followed by another investigation, which eventually led to the assault charges for which he was convicted at court-martial. A new command with the Old Guard will now decide whether to approve the court-martial conviction or to allow Mastromarino to continue his service through spring 2008, when his term of enlistment will end. If his conviction stands, Mastromarino will be dismissed from military service. (The Advocate)