Timothy R. McVeigh,
accused of being gay, sued
to stay in the Navy and won

By Gregg K. Kakesako
Star-Bulletin

The highly decorated Pearl Harbor sailor who had to sue the Navy to stay in the service after it accused him of being gay is retiring under a settlement that gives him full benefits.

Timothy R. McVeigh will leave the Navy after 18 years of service but will be allowed the benefits normally given to a serviceman who has served at least 20 years.

He is expected to leave the service before Labor Day and return to Jacksonville, Fla., his hometown, to look for a job.

"I might even write a book," said the Navy submariner who at one time had hoped to make the Silent Service a career.

"Right now all I plan to do this weekend is hike up Koko Head Crater. I love to hike, and the view from there is awesome."

McVeigh, who has never revealed his sexual preference, said that it was never an issue.

"The issue was: The military did not follow its own regulation under the 'don't ask, don't tell' policy, and I was willing to stand up and fight."

McVeigh also reached with America Online, the nation's largest online service, a separate out-of-court settlement. The online service said it will pay McVeigh damages for violating his privacy. The amount was not disclosed.

The Navy's settlement package also includes $90,000 in legal fees and court costs.

Last month, after a federal judge ordered the Navy to reinstate McVeigh, he was promoted to master chief petty officer,mr6 Timothy R.

McVeigh the Navy's highest enlisted rank.

Today, McVeigh said he hoped the case "sends a message that the military needs to follow its own rules and regulations."

C. Dickson Osburn, a director of the Servicemembers Legal Defense Network, who also represented McVeigh, said, "This case should serve as a warning to the Defense Department to clean up its act, follow the rules and stop invading people's privacy."

McVeigh in September was relieved as chief of the boat -- the highest enlisted member of the nuclear submarine USS Chicago -- after the wife of a fellow crewman was concerned over an e-mail message McVeigh sent her about a Christmas toy drive for the crew's children.

Navy investigators said the woman was bothered by the return address on the e-mail -- "Boysrch," which apparently referred to "boy search."

The woman consulted the customer profile listed under the return address on America Online. The profile identified the user as "Tim" of Honolulu, whose hobbies included "collecting pictures of other young studs."

The information was passed on to a Navy investigator, who contacted America Online.

Without identifying his ties to the Navy, the investigator asked for the full name of "Tim," which AOL released.

The Navy in November tried to discharge McVeigh without benefits, despite 18 years of otherwise unblemished service.

In January, U.S. District Judge Stanley Sporkin held that the Navy wrongly enforced the Pentagon's 5-year-old policy on gays.

Christopher Wolf, McVeigh's lawyer, said Sporkin's decision and this case were "the first to set limits on how far the military can go under the 'don't ask, don't tell' policy governing gays in the military.

"It also showed just how flawed that policy is, permitting the military to engage in a game of 'gotcha' with even its most outstanding service members," Wolf said.