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Lt. Dan Choi, the openly gay Iraq War veteran booted from the New York Army National Guard after he came out enlisted in the regular Army yesterday, taking advantage of the overturning of the ‘don’t ask, don’t tell’ policy.

Dan Choi, 29, a 2003 West Point grad formally discharged from the National Guard in July, walked into the Times Square recruiting station yesterday afternoon, hoping to join the Marines.

Choi left the National Guard as a first lieutenant, plans to join the Army as a specialist an enlisted rank just above private, often given to Army recruits with four-year college degrees.

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Last week, a federal judge in California struck down a law banning gays from serving openly, and the Defense Department has suspended the policy as the case makes its way through the courts.

Yesterday, the judge denied a government request for a delay in her order. The Obama administration promised to appeal.