It wrongly enforced the military’s
‘don't ask, don’t tell’ policy on gays

Associated Press

WASHINGTON -- A federal judge today told the Navy to comply with his order reinstating a Pearl Harbor chief petty officer who successfully fought dismissal from the military over allegations of homosexuality.

U.S. District Court Judge Stanley Sporkin said the Navy should return Timothy R. McVeigh to his status as the top enlisted man on a nuclear attack submarine rather than give him clerical jobs.

Setting a June 1 hearing, Sporkin gave the Navy two months to comply with his January order in the case in which he said the Navy wrongly enforced the Pentagon's "don't ask, don't tell" policy on gays in the military.

Sporkin said the Navy went too far in investigating McVeigh, who was linked to an anonymous online computer profile page.

Christopher Wolf, McVeigh's attorney, accused the Navy of purposely keeping the decorated 17-year veteran from returning to his former duties as chief of boat. In that job McVeigh managed day-to-day activities of a nuclear attack submarine, the USS Chicago.

Justice Department attorney David Glass told the judge one chief of boat position had opened up in the past couple of months but McVeigh wasn't deemed the best candidate for the job.

The judge ordered the Navy to justify its decision by May 1. Glass refused to comment after the court hearing.

Joe Krovisky, a Justice spokesman, said the government intends to fully reinstate McVeigh.

McVeigh, who is not related to the Oklahoma City bomber, was dismissed in December on charges he is homosexual and engaged in sodomy.

The 36-year-old has not commented on his sexuality.

Under Pentagon policy, military people who disclose they are gay can be dismissed, but the military cannot raise the issue without sufficient cause.