Case 1:11-cv-11905-RGS Document 21

Filed 11/21/11 Page 1 of 3

UNITED STATES DISTRICT COURT FOR TH1: D151 RIC] MASSACI IUSEYTS

Civil A c tion No, 1:11-cv-11905-RGS

AI C DANIEL HEN . Plaintiff,

LEON u,. PANETIIA in his official capacity as Secretary of Deal-Ise: ERIC It HOLDER, JR., in his official capacity as Attorney General; ' ERIC K. SHINSEKI; in his official capacity as Secretary of Veterans Affairs UNITED STATES OE AM ERICA, Dcriludonts.

DECLARATION OF Anal AN FIRST ,ASS D VNIEL HENDERSON

.Airman hitst Class Daniel Henderson hereby dee lar . pursuant to 28 U.S.0 1. 1746, as Coll )

I am an Airman First ('lass in the I Inited State Air Force and am currently

stationed in Cheyenne, Wyoming. My militar service began C..11.11Novvinher 29, 2010. During my tenure with the AnForce, 1 have been stationed at [Ackland, IcNas and m Cheyenne. Wyoming. I joined the Air Force to develop life skills and a stronger sense of discipline:. 4. My husband, Jerret Henderson and I net in 2009 when I was a freshman in

college. When we met we instantly knew that ours was a special connection. We became registered domestic partners in the state. or lifornia in January. 2010. At that time, I legally

changed my last name and took Jerret's last Warne. 5, On May 19, 2011, Jerret and I were legally married in Sidney, Iowa. A co of

Case 1:11-cv-11905-RGS Document 21

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our marriage certificate is attached to this Declaration as Exhibit 1. 0. On Wednesday, September 21, 2011 at approximately 10:30 aam, Jerret and I

went to the Military Personnel Flight Office in Cheyenne, Wyoming to apply for benefits. We spoke with Staff Sergeant Morales, who told us that he. was unable to register us in DEERS_ We also told Staff Sergeant Morales that we wished to obtain a housing allowance. He directed us to the 'Military Finance Office, also in Cheyenne, Wyoming. At that office we spoke with AIC West about sending documentation to the Defense Finance and Accounting Services office in order to obtain housing benefits. Al C West was unable to help us. We then met with Captain Ream, the base's Area Defense Counsel, at approximately 1:30 p.m. Captain Ream instructed us to initiate a move-out through the chain of command in order to obtain a housing allowance. 7. On Monday, September 26, 20.11 we received a phone call indicating that we

were denied the housing allowance we requested. and I had to move back into the base dormitory. We were provided with a memorandum outlining the housing policy signed by Major General Timothy Byers. The memorandum, which is dated March 23rd, 2011, is attached to this Declaration as Exhibit 2. 8. Through these efforts, I intended to obtain the same benefits that heterosexual

married scrvicernembers receive: a basic allowance for housing, family separation benefits, coverage under TRICARE. and in the event I die while serving my country, the spousal death benefit. Also, since I work at a highly-secured nuclear facility, Jerret needs a military 11) to -visit me. Jerret is also denied access to all base ficilities and stores because he does not have a military It). Although I have filled out an advanced medical directive, the military mild nonetheless refuse to release my body to Jerret in the event that I die during my service. 9. These benefits are tan ieal to me and to Jerret and to our future together. in March

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of 2010, while Jerret was Ott work he fell down a flight of stairs and suffered severe injuries, lie has trouble walking and needs surgery. Being safe and secure iii the knowledge that Juliet is eared for and will benefit Irvin mV service will make me a more focused airman, will help alleviate the 'anxieties I experience while on the job., will improve my morale, will provide us with an improved standard of living and sense of stability, and will allow us to plan our futures together the way opposite-sex couples eau.

1 declare under penalty or perjury that the foregoing is true and correct.

1.:xceuted on October

2011.

Airman First Class Daniel Henderson

Case 1:11-cv-11905-RGS Document 21-1 s

SWATS 01 IOWA -CERTIFICATION OF VITAL RECORD

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Filed 11/21/11 Page 1 of 1

STATE OF IOWA
County Record
STATE OF IOWA

IOWA DEPARTMENT OF PUBLIC HEALTH

CERTIFICATE OF MARRIAGE
Marriage Ceremony Performed h the State of Iowa cowry Fremont Num*, .23916
PARTY A - NAPE BEFORE MARRIAGE FIRST

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Case 1:11-cv-11905-RGS Document 21-2

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DEPARTMENT OF THE AIR FORCE

HEADQUARTERS UNITED STATES AIR FORCE WASHINGTON DC

2 3 MAR 2011
MEMORANDUM FOR ALMAJCOMJA7 FROM: H4 USAF/A7C 1260 Air Force Pentagon Washington, DC 203304260 SUBJECT: Family, Privatized and Unaccompanied Housing Management Guidance as a result of the Repeal of Don't Ask, Don't Tell (DADT) Policy Request you ensure widest dissemination of the following guidance to your installation level housing staffs. In accordance with the repeal of 10 U.S.C. Section 654, "Policy Concerning Homosexuality in the Armed Forces," current AF housing policies associated with family, privatized and unaccompanied housing remains unchanged. The following information is provided in support of this guidance: a. Collection and Retention of Sexual Orientation Data: Sexual orientation is a personal and private matter. Services are not authorized to request, collect or maintain information about the sexual orientation of Service members except when it is an essential part of an investigation or other official action. b. Personal Privacy: The creation of separate bathroom facilities or living quarters based on sexual orientation. is prohibited and Commanders may not establish practices that physically segregate Service members based on sexual orientation. c. Benefits: There are no changes to eligibility standards for military benefits. Service members and their opposite-sex spouses receive a range of entitlements and benefits depending on eligibility. The Defense of Marriage Act, 1 U.S.C. Section 7 (which defines marriage as an act between a male and female only) and the existing definition of "dependent" in the law. prohibits extension of many military benefits such as medical care, travel and housing allowances, and other benefits to unmarried (as defined in the Defense of Marriage Act) partners, regardless of gender of the military member and the claimed partner. In addition, attached for your use is a consolidation of key points on housing issues extracted from the "Support Plan for Implementation, Report of the Comprehensive Review of the Issues Associated with a Repeal of "Don't Ask, Don't Tell" and several vignettes on these issues. Please be aware we are incorporating this guidance in Housing Education and Training courses so that personnel have the information needed to provide senior leadership appropriate housing recommendations.

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This guidance has been coordinated with AF/A4/7, AF/A1, AFIJAA, and SATVGCN. Questions regarding this should be directed to Mrs. Sheila M. Schwartz, HQ USAF/A7CHO, DSN 664-4268, shell a. soirwartz@pentagon. af. rn

TIMOTHY BYERS, aj Geri, USAF' The Civil En ineer DCS/Logistic , Installations & Mission Support

Attachment: "Key Points on Housing Issues" and "Vignettes" extracted from the Support Plan for Implementation, Report of the Comprehensive Review of the Issues Associated with a Repeal of "Don't Ask, Don't Tell" (dated 30 Nov 10)

Case 1:11-cv-11905-RGS Document 21-2

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"Key Points on Housing Issues" and "Vignettes" Extracted from the "Support Plan for Implementation, Report of the Comprehensive Review of the Issues Associated with a Repeal of "Don't Ask, Don't Tell" CONCLUSION: There are no required revisions to current AF housing instructions. The support plan provided the following key points: - Topic: Privacy and Cohabitation (Showers, Dressing Areas, and Comparable Facilities) -- Service in the military makes it necessary at times for Service members to accept living and working conditions characterized by little or no privaty. -- Sexual orientation is considered a personal and private matter. -- Berthing or billeting assignments based on sexual orientation are prohibited, except that commanders retain the authority to alter berthing or billeting assignments on an individualized, case-by-case basis, in the interest of maintaining morale, good order, and discipline, consistent with performance of mission. -- Compliance with professional standards of conduct will be essential to fostering respect among fellow Service members and resolving concerns about privacy. Commanders should use existing tools, to include counseling, non judicial punishment, and court-martial, to deal with misconduct in living quarters or showers. - Topic: Benefits -- The Defense of Marriage Act and current benefit laws do not allow the Department of Defense to extend many key benefitsincluding dependent medical coverage, dependent-rate BAH, and dependent-based travel and transportation allowancesto a Service member in a relationship with a same-sex partner. - Topic: Benefits (Military Family Housing) -- The Department of Defense and the Services currently authorize assignment to military family housing (MFH) to those Service members eligible for Basic Allowance for Housing (BAH) at the with-dependent rate. -- Current federal law including the Defense of Marriage Act precludes the Department of Defense from providing BAH to Service members at the with-dependent rate unless the Service member has a statutorily authorized dependent such as a child. -- Current Service policies state that non-dependents are not allowed to reside in military family housing. There have been no changes to these policies, -- Any exception to policy to allow a non-dependent to reside in military family housing must be administered without regard to sexual orientation. (NOTE: For clarity, please note that there are limited exceptions which may be permitted by the installation commander.)

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- Topic: Privacy and Cohabitation (Berthing/Billeting) -- Services maintain individual unaccompanied housing policies in accordance with Doll guidance. -- Service in the Military Services makes it necessary at times for Service members to accept living and working conditions characterized by little or no privacy. -- Sexual orientation is considered a personal and private matter. -- Service members shall not be asked to identify sexual orientation as part of any routine application for assignment to unaccompanied quarters. -- The Services shall not establish quarters or berthing assignment regulations or policies that segregate Service members according to sexual orientation. Applicable male/female segregation requirements remain in effect. -- Commanders retain the authority to alter berthing or billeting assignments on an individualized, case-by-case basis, in the interest of maintaining morale, good order, and discipline, consistent with the performance of the mission. -- Compliance with professional standards of conduct will be essential to engender respect among fellow Service members and resolve concerns about privacy. - Topic: Benefits (Committed Same-Sex Relationships) -- The Department of Defense is not at this time creating a new relationship status applicable to same-sex relationships for purposes of eligibility for benefits or personnel management policies and practices. Vignettes The following training vignettes consist of hypothetical, policy-related teaching scenarios that can be used regarding DADT policy: SITUATION: You ariFthe leading Chiefraty-Ofireet aboard slip. Atop-p-erfortning-Petty Officer, who is known to be a lesbian, approaches you and states she can no longer tolerate her roommate. Through positive reinforcement, counseling, and mentorship, you attempt to resolve the issue at the lowest level in the chain of command. However, you notice her performance starting to diminish and she and her roommate are making derogatory comments to co-workers about each other. The behavior has become disruptive to the entire unit and others are starting to complain. She puts in a request to be re-assigned to another berthing area onboard ship. Issue: Privacy and Cohabitation. What options does the leading Chief Petty Officer have to address conflicts between roommates? What actions should the chain of command take to address this issue? Discussion: The Chief Petty Officer must take a very active and positive leadership approach with a focus on conflict resolution and professional obligations to uphold the policy. The Chief Petty Officer should counsel the individuals and help them to resolve their personal differences. A clear message must be received by both, that respecting each other's rights within a closed space is critical to maintaining good order and discipline. Standards of conduct apply equally to
2

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all Service members and inappropriate conduct by either roommate should be corrected appropriately. If the issue cannot be resolved and alternative berthing arraugements can be made within command policy and without degrading good order and discipline or the unit, the Commander may consider reassignment of roommates. SITUATION: You are the admin chief of a unit personnel office. A newly commissioned Lieutenant reports to the unit with the expectation of starting his BAH at the "with dependent" rate. He informs you that he got married while executing PCS orders. He presents his marriage certificate. While reviewing the documents, you notice the Service member was married to his same-sex partner in Vermont where same-sex marriage is legal. The newly-reported member informs you he thought he would receive BAH at the "with dependent" rate once Don't Ask, Don't Tell was rescinded. Issue: Benefits. What entitlements are available to same-sex partners? Discussion: Because the Federal government does not recognize same-sex marriages, a Service member cannot claim dependency for a same-sex partner, for BAH purposes. You inform the Lieutenant that he's not entitled to BAH at the "with dependent" rate based on a marriage to a same-sex partner. However, if the Service member has a qualifying dependent such as a dependent child, then he is eligible for BAH at the "with dependent" rate. The question of benefits for unmarried partners is being studied by the DoD at this time. For further explanation of the law and current entitlements available to the Service member and his family, refer the ' Lieutenant to the Legal Office or Family Support Center. SITUATION: You are a civilian working in the housing office. A Service member, who is known to be a lesbian, recently adopted a son and reports to your office to discuss her Military Family Housing application. She requests to be assigned specific quarters that are more isolated than others, for concerns of potential harassment of her family. She also requests that her same-sex partner, who is her son's primary care provider, occupy the quarters as well. Issues: Benefits; Standards of Conduct. Are there guidelines for same-sex partners occupying Military Family Housing? How should the housing office consider the request for specific quarters? Discussion: You should inform the Service member that because she has a qualifying dependent son that she is indeed authorized Military Family Housing. Local policies regarding live-in child care providers or other non-dependents living in base housing should be followed .for the samesex partner. You explain to her that in accordance with the Military Family Housing assignment policy, she will be given several options pertaining. to assignment of quarters, but her special request to be assigned isolated quarters may not necessarily fall within the guidelines of "special considerations." If quarters are found inadequate for her needs, she has the option to obtain outside housing or discuss the issue with her chain of command. Since the Service member also expressed a concern about harassment, it would be appropriate to refer her to her chain of command to discuss these concerns. Harassment for any reason is not tolerated within the Department of Defense and should be appropriately reported and corrected at all times. 3