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from www.southfloridagaynews.com – A Florida man and FabScout model has been recommended for discharge from the U.S. Navy ROTC program for doing gay pornography.

Midshipman Andrew Koch, a FabScout model known as Patrick Hunter, is in the third year of a four-year scholarship service contract with the Navy.

Last week, a Personnel Review Board (PRB) unanimously determined that Koch’s pornography shoots were grounds for severing his ties with the corps, as they were “inconsistent with good order and discipline,” and “inconsistent with what the Navy deems morally acceptable.”

On July 27, Koch was informed by a commanding officer, T.M. Calabrese, that he was being placed on an involuntary leave of absence, while he was being investigated “for an alleged serious moral offense that brings discredit upon the naval service,” which could lead to “disenrollment form the Naval Reserve Officers Training Corps.”

A week later the Board concurred, advising Koch that he would also be liable to return all tuition, fees, and educational expenses incurred during his tenure, which could total nearly $26,000.

Koch is appealing the decision with the hopes that the Navy will allow him to remain in the ROTC program, writing that he “never meant to disrespect the Navy, never appeared in uniform, and never associated his private work in pornography with the Navy in any way.”

Koch further says that “morality is a very subjective idea,” and that his conduct “would not make me any less of a capable officer.”

The PRB rejected Koch’s claim, but did note that his conduct was “perfectly legal.” Even so they still concluded it was inconsistent with Navy standards.

Upon learning of his proposed termination, Koch contacted SFGN publisher Norm Kent, a first amendment and civil rights attorney, who has previously represented gay servicemen discharged under the now fallen ‘Don’t Ask, Don’t Tell’ provisions of the U.S. military.

Kent has agreed to undertake a pro bono appeal of Koch’s proposed discharge, submitting a letter to the Navy Corp that their action is “precipitous” and “legally unwarranted,” since the Board concluded Koch’s conduct was legal.

Kent also noted that the military service contract Koch signed with the corps was a civil contract with “specific terms and conditions that have not been breached.”

Kent indicated that the Navy has standards, which may have been breached, but “the legal issue is whether the midshipman was properly noticed of what those rules are.”

Still, Kent suggested that in the military, “Well, the rules are different here. Significantly so.” He acknowledged that Koch’s remedies are “few and limited,” resting upon whether a civil court would be allowed to interpret the conditions of the midshipman’s contract with the Navy.

Koch told SFGN that he went the route of pornography to raise funds because he was experiencing financial hardship, after being placed on a leave of absence from the NROTC for medical reasons.

Koch added “and I was not at all ashamed of gay sex. I just needed to support myself. It was never my intention to bring any discredit to the service. I never correlated my private conduct with my public service. I saw a disconnect between the two.”

Koch’s appeal for reconsideration includes his appreciation for the guidance his staff has given him and “the lessons that I have learned during my time here.” Whether those lessons will continue or are forever terminated will be determined in the next few weeks.