THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, January 30, 1996 TAG: 9601300280
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY JACK DORSEY, STAFF WRITER
DATELINE: NORFOLK LENGTH: Long : 122 lines
A military panel believed Steven M. Marion innocent, finding him not guilty in October of indecent exposure when he unzipped his trousers to tuck in his shirt.
It happened in June as he was brushing away sawdust from his clothes, he said. But it happened in front of a female sailor he supervised in his maintenance office on the naval base.
The court also threw out a related charge of sexual harassment for the same incident. Marion proved he had been wearing running shorts under his trousers when he dropped them to tuck in his shirt. He maintains that he meant no disrespect to the woman.
By all rights, says his attorney, Marion should be free of any disciplinary matters today.
But he isn't.
He he's been demoted - from petty officer second-class to third-class - mainly because of his commanding officer's belief before the trial that Marion was already guilty.
Marion's is the second case, coming from the same courthouse at Norfolk Naval Station, in which a defendant has been exonerated of any wrongdoing on sexual misconduct charges, yet still finds himself disciplined.
The first case involved Cmdr. Robert E. Stumpf, denied promotion to captain last month even though he, too, was cleared of any sexual misconduct by a military court. Stumpf was accused in the 1991 Tailhook episode, cleared and recommended for promotion. Under pressure from the Senate Armed Services Committee, Navy Secretary John Dalton reversed his earlier recommendation and removed Stumpf's name from the promotion list.
Although Marion's is a less celebrated case than that of Stumpf, a former Blue Angels commander and decorated pilot from the Persian Gulf War, the outcomes appear similar.
Stumpf most likely will find himself in retirement shortly.
Marion, at 28, with eight years in the Navy, will find himself out of a job. If not promoted by the time he reaches 10 years of service, he will not be allowed to re-enlist.
For Marion, the question is one of fairness. His commanding officer convicted him merely by association, he says.
``How can something like this go so far?'' asked Marion. ``Is the Navy going overboard in these sexual harassment cases?''
His commanding officer is adamant. ``Based on a preponderance of the evidence . . . I believe the offenses were committed,'' wrote Capt. C.E. Allen, commanding officer of the Shore Intermediate Maintenance Activity, Norfolk, where Marion works.
Allen reached that conclusion in July, more than three months before Marion went to trial.
Marion's attorney, Lt. John P. Corcoran, is helping Marion contact his congressman in Kentucky, plans to file an appeal to the Navy secretary and will ask the Board of Correction of Navy Records to reverse the demotion.
``It is the defense position that . . . Marion was acquitted of any alleged violation,'' said Corcoran. ``Therefore, in fairness, he should be given back his stripe.''
Marion was a second class petty officer, working as a boiler technician, when his troubles began in January 1995.
It was then, in an unrelated incident, that he and his girlfriend were caught kissing outside the building while they were on duty one night. Marion was taken to captain's mast Jan. 20, 1995, on a charge of dereliction of duty. Allen ordered him reduced in rank from second class petty officer (E-5) to third class (E-4) and fined him $1,000. The woman was never charged.
However, at the same time Allen suspended the demotion, but not the fine, for six months, provided Marion stay out of trouble.
When Marion was charged with unzipping his trousers in June - almost six months to the day - Allen vacated the suspension, saying the new charges ``violated a condition of the suspension.''
Corcoran says that's unique, and in his opinion contrary to the rules that allow commanding officers to discipline subordinates at administrative hearings such as captain's mast.
The rules state that a suspension may be vacated by a commander ``only on a violation of the conditions of suspension.''
Since Marion wasn't convicted, he didn't violate anything, according to Corcoran.
On June 9, 1995, a Friday afternoon, Marion was using a chain saw to cut down trees and bushes around his command's building.
Back inside, near where a male petty officer and female fireman were sitting, Marion began to clean himself up.
``I stood up, took my pager off, unzipped my dungarees, knocked the sawdust off, zipped up, put my jacket on and got ready to leave,'' he said. Marion had been wearing a pair of black Spandex running shorts at the time, with the name of the Wisconsin, his former ship, embossed on them.
He knew he wore them because he had been at a doctor's appointment earlier in the day for treatment of an injured knee. It was an appointment he kept routinely for several months, always wearing the Spandex shorts to help the medical personnel tend his injury.
It wasn't until he arrived for work Monday that he was notified that he was being charged with sexual harassment.
``I said, `Are you serious?' ''
The woman who made the complaint never said anything to him at the time, or complained to him during the weekend, he said.
Marion decided to fight the charge at court-martial, rather than captain's mast.
``I felt I am not going to take this. I am innocent. I have done nothing wrong. I never came on to her. I was never mean to her.''
Corcoran, his attorney, said electing court-martial was a risky step. If convicted, Marion could face jail time, a bad conduct discharge and a federal court record. Punishment at captain's mast can only result in demotion, fines and extra duty.
``He put his whole faith in the system there,'' said Corcoran. ``He got acquitted.''
Two chief petty officers from his command, both of whom attended the court-martial, endorsed Marion's attempt to be reinstated to his former rate.
However, both his executive officer and commanding officer said no.
The Navy's official comment from the command: ``The Navy's legal review of the matter has determined that the commanding officer of SIMA Norfolk acted within his authority and afforded Petty Officer Marion full protection of his rights under the UCMJ.'' ILLUSTRATION: [Color Photo]
Steven M. Marion
KEYWORDS: U.S. NAVY SEXUAL HARASSMENT by CNB