Sue Hartigan <[EMAIL PROTECTED]> writes: Navy Ordered To Reinstate Officer > WASHINGTON (AP) -- A federal judge told the Navy on > Thursday to comply with his order reinstating a 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 old status as > the top enlisted man on a nuclear attack submarine > rather than give him only 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. > > Christopher Wolf, McVeigh's attorney, accused the Navy > of ``dragging its feet'' and purposely keeping the > decorated 17-year veteran from returning to his former > duties that would let him advance his career. > > ``He used to be in the chief of boat position,'' Wolf > said after the court hearing Thursday. In that job, > McVeigh managed the day-to-day activities of a nuclear > attack submarine, the USS Chicago. ``And now he's stuck > with clerical duties.'' > > Justice Department attorney David Glass, representing > the government, told the judge one chief of boat > position had opened up recently, but McVeigh wasn't > deemed the best candidate. 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. > > ``He just didn't qualify for this particular chief of > boat position,'' Krovisky said. ``The Navy felt someone > else would do a better job.'' > > 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, stationed at Pearl Harbor in Hawaii, > has not commented on his sexuality. > > Pentagon policy allows dismissal of someone who > discloses he's gay, but the military cannot raise the > issue without sufficient cause. > > Sporkin said the Navy went too far in investigating > McVeigh, who was linked to an anonymous America Online > Inc. computer profile page that suggested he had a > sexual interest in young men. The judge also said the > Navy violated the 1986 Electronic Communications Privacy > Act by obtaining confidential information about McVeigh > from AOL without a warrant or court order. > > The Navy is appealing, while McVeigh is pursuing a > lawsuit against the military, seeking unspecified > damages. -- Two rules in life: 1. Don't tell people everything you know. 2. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
