Navy told to put
McVeigh discharge
on hold

An investigation of violations
of the 'don't ask, don't tell' policy
must be completed

By Gregg K. Kakesako
Star-Bulletin

The Navy today was barred from discharging a Pearl Harbor submariner until a full investigation is completed on whether the military violated its "don't ask, don't tell" policy on gays.

The Navy was proposing to honorably discharge Senior Chief Petty Officer Timothy McVeigh tomorrow, which would have ended his 17-year Navy career in without a pension.

But federal District Judge Stanley Sporkin granted McVeigh's request for a preliminary injunction, saying military policy prevented the Navy from seeking out homosexuals.

"When the Navy affirmatively took steps to confirm the identity of the e-mail respondent," Sporkin wrote, "it violated the very essence of 'don't ask, don't pursue' by launching a search and outing mission."

Sporkin also indicated that the Navy may have unlawfully obtained information from America Online without a warrant or court order required by the federal Electronic Communications Privacy Act of 1986.

McVeigh "clearly ... did not openly express his homosexuality in a way that compromised" Navy policy, wrote Sporkin. "Suggestions of sexual orientation in a private, anonymous e-mail account did not give the Navy a sufficient reason to investigate."

There was no immediate comment from McVeigh, who is no relation to the convicted Oklahoma City bomber. McVeigh was returning to Hawaii from the mainland after court appearances in Washington, D.C., last week. He is attached to Submarine Squadron Three at Pearl Harbor.

McVeigh's case depends on whether his AOL user profile and e-mail messages, which did not contain his full name, represented a statement of sexuality.

McVeigh has never revealed his sexual orientation, but the Navy has maintained that McVeigh openly broadcasted his sexual preference on a user profile page posted on America Online.

Until September, McVeigh was the senior enlisted sailor on nuclear attack submarine USS Chicago, homeported at Pearl Harbor.

The government maintains that McVeigh's AOL profile, where he listed "gay" as his marital status, was "more than sufficient credible information" for the Navy to base its investigation.

Under hobbies the profile page listed "driving, boy watching, collecting pictures of other young studs."

Today's decision was "very good and very strong news," said Kirk Childress, attorney with the Servicemembers Legal Defense Network.

"The judge clearly was convinced the Navy was engaged in illegal activities," said Christopher Wolf, who represented McVeigh at last week's court hearing before Sporkin.

"We're confident that in the end he will be allowed to remain in the Navy."

---

Philips News Service reporter Pete Pichaske in
Washington, D.C., contributed to this report.