The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Thursday, July 14, 1994                TAG: 9407140641
SECTION: FRONT                    PAGE: A8   EDITION: FINAL 
SOURCE: BY DALE EISMAN, STAFF WRITER 
DATELINE: WASHINGTON                         LENGTH: Long  :  117 lines

NAVY PANEL TO DECIDE GAY FLIER'S CASE LT. J.G. THORNE SAYS HIS ADMISSION THAT HE IS GAY SHOULDN'T BAR HIM FROM DUTY.

A Navy review board will decide today whether Lt. j.g. Tracy W. Thorne is a gay activist who put his political agenda ahead of the service's best interests or a gifted officer persecuted for telling the truth about his sexuality.

Thorne, 27, a former Oceana-based flier, on Wednesday pleaded with the board to let him remain in the service despite his televised declaration in 1992 that he is a homosexual.

Thorne on Wednesday repeated that declaration to three captains who will decide his fate but insisted they can't use his words to conclude he has committed homosexual acts. A Navy lawyer argued that the statements help create a legal presumption of homosexual conduct - all that's required for dismissal under the military's ``don't ask, don't tell'' policy.

Standing behind a courtroom lectern, Thorne cast himself Wednesday as an ironic victim of his refusal to lie about his sexuality. He said he went on ABC-TV's ``Nightline'' in May 1992 to discuss his status and the military's policy on gays as ``a simple matter of truth.''

``My mother and father raised me to respect the truth, and perhaps to a fault I have always been honest. So when I finally came to accept the fact that I was gay, it was only natural for me to be truthful about it,'' he said.

The ``Nightline'' appearance made Thorne perhaps the military's most prominent homosexual, and in media interviews he has kept up his criticism of the ban against avowed gays.

``I doubt this is easy for you; I know for sure it's not for me,'' he told the captains. ``Would you want to get up in front of a board of officers and talk about your sex life in public? I know I don't.''

Thorne recalled his father's death just two weeks ago in a plane crash, as his mother, Pat, fought back tears.

As Thorne finished, the review board's president, Capt. Douglas W. Cook, told him he realized how difficult the statement was to make. ``You did it admirably,'' Cook added.

Lt. Peter Dutton, the government's lead lawyer in the case, also acknowledged Thorne's eloquence but said the board has enough evidence to conclude that Thorne not only is discussing his sexuality but is involved in an ongoing homosexual relationship.

Dutton cited testimony that Thorne currently lives in Washington with an openly gay roommate, whom Thorne has made the beneficiary of his life insurance policy.

``Where there's smoke, there's fire,'' he said.

Thorne has refused to discuss his living arrangements or his relationship with his roommate, terming them private matters. He repeated Wednesday that he accepts the Navy's right to regulate his sex life when he's on duty or on military property but said he has a right to privacy in other circumstances. [The following text appeared with this story as a side bar]: THORNE'S REMARKS

``Clearly, my love of the Navy, the jets I flew, and the people I worked with raises the question then, why didn't I just keep my mouth shut. Why couldn't I just keep it quiet and do my job like other gay men and lesbians in the service.

``I didn't choose to be gay any more than any of you chose to be straight. I never rolled out of bed and said to myself, ``I think I'll choose my sexual orientation today.'' I doubt that the three of you if faced with such a hypothetical situation could rationally choose being gay. By doing so you would invite public disapproval or ridicule. You would invite discrimination to include the loss of your job, your family and in some cases your very life.

``I really didn't have a choice as to whether I was going to be open about it or not. It was a simple matter of truth for me. My mother and father raised me to respect the truth, and perhaps to a fault I have always been honest. So when I finally came to accept the fact that I was gay, it was only natural for me to be truthful about it with those who were a part of my life.

``So when I saw an opportunity to shed some light on this issue, which I felt had been in the dark for so long, I took the opportunity to be honest about myself hoping that it might cause at least a few Americans to take a second look at this issue which had destroyed so many lives.

``I, like you, believe that sexual behavior that is derogatory to good order, discipline or morale has no place in our armed forces. I, like you, feel that the Navy has no place for those who engage in sexual harassment or use force, coercion or intimidation for their personal interests. I, like you, believe that those who engage in fraternization are destructive to the accomplishment of our military mission, and I, like you agree that those who would lure minors into illegal, immoral or improper relationships are guilty of crimes worthy of the severest punishment.

``I agree that sexual conduct by military personnel aboard military vessels, aircraft or other areas under military control is properly subject to regulation including complete proscription, and I will in all aspects abide by those regulations. I do not condone this behavior nor will I tolerate it. Beyond these assurances, however, I consider my personal life to be worthy of the same right to privacy that any other military officer would enjoy, the same right you enjoy under our Constitution.

``The future for Tracy Thorne is really unclear now. I don't know whether my contract will be renewed this fall or not. But one thing seems apparent: One way or another I will be leaving Active duty no later than 01 October this year.

``I am here today as Lieutenant Tracy William James Thorne. I am a proud American. I am a proud Naval officer, and I am a proud gay man. I have earned my wings of gold, and I have earned the rank I wear with pride just as you do, and I have earned my rightful place in the Navy.'' ILLUSTRATION: Color photo

[Photo appeared on Page A1]

``I am here today as Lieutenant Tracy William James Thorne. I am a

proud American. I am a proud Naval officer, and I am a proud gay

man. I have earned my wings of gold, and I have earned the rank I

wear with pride just as you do, and I have earned my rightful place

in the Navy.''

KEYWORDS: U.S. NAVY HOMOSEXUALS GAYS IN THE MILITARY

by CNB