Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 15, 1994 TAG: 9407150076
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
SOURCE: Cox News Service
DATELINE: WASHINGTON LENGTH: Medium
After a three-day hearing, a three-member board of inquiry unanimously ruled that statements made by Lt. j.g. Tracy Thorne, 27, of West Palm Beach, Fla., about his sexual orientation ``clearly create'' a presumption - which Thorne has not disproved - that he engages or intends to engage in homosexual acts. That is one of the grounds for dismissal under the current policy.
The board recommended that Thorne receive an honorable discharge.
Thorne's lawyer, Patrick Lee, said he plans to challenge the policy in federal court if the Navy acts to discharge Thorne.
The recommendation will be forwarded to Navy Secretary John Dalton, who is expected to act in the next few weeks, according to Navy spokesmen and Thorne's lawyers.
``I am confident that in the end this policy will eventually be overturned when it is reviewed on its face, and not on stereotypes and myths,'' Thorne said in a news conference after the decision.
Thorne, a bombardier-navigator who graduated at the top of his class in flight school and received coveted ``Top Gun'' honors, is among the first to be reviewed for discharge under both the old and new policies regarding gays in the military.
He originally was removed from active duty under the old policy that banned gays from serving after he announced he was gay on ABC's ``Nightline'' in 1992. He was reinstated by a federal court to active duty last year.
``I had hoped that the president's new policy had meant what it said. Supposedly, things had changed. Supposedly conduct - not orientation - was means for discharge. Today's decision proves that when all the rhetoric is over, the reality is the policy is no different than it was before,'' Thorne said.
Michelle Benecke, co-executive director of the Servicemembers Legal Defense Network, which provides legal services to military members, said the board's decision ``proves once again that `don't ask, don't tell' is a big lie. The policy would be more accurately described as `lie, hide and hope you're lucky.' ''
The ``don't ask, don't tell'' policy was adopted after key lawmakers objected to implementing Clinton's campaign promise to allow homosexuals to openly serve in the military.
by CNB