THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, July 14, 1994 TAG: 9407140655
SECTION: FRONT PAGE: A01 EDITION: FINAL
SOURCE: By KERRY DEROCHI, Staff writer
DATELINE: NORFOLK LENGTH: Medium: 78 lines
In the end, Lt. j.g. Dirk Selland stood alone in a stifling courtroom to hear the words he knew one day would come.
With his parents and minister sitting behind him, Selland listened as a board of Navy captains recommended that he be discharged for being gay.
In a 3-0 vote, the board ruled that Selland had violated the Defense Department's ``don't ask, don't tell'' policy when he confided to his commanding officer 18 months ago that he was a homosexual.
The decision means that Selland's career as a supply officer likely will end in a few months. The case first must be reviewed by a board of senior officers in Washington and by Navy Secretary John Dalton.
In a hastily called news conference Wednesday afternoon, attorneys representing Selland warned that the issue will be fought next in federal court, where they will file suit challenging the policy as unconstitutional.
``We're clearly disappointed in the decision of the board,'' said Toni Ianniello, a lawyer from Washington. ``They have deprived the Navy of an excellent officer.''
The decision, which ended a two-day hearing at Norfolk Naval Base, provided the first public glimpse into how senior officers will interpret and apply the new ``don't ask, don't tell'' policy.
In a brief statement before the decision was announced, Capt. Samuel A. Montgomery said the board had focused on two key aspects of the policy: Did Selland make a statement acknowledging he was a homosexual and, if so, did he provide evidence proving he would not engage in future homosexual acts?
``The board looked for evidence that Lt. j.g. Selland does not intend to engage in future homosexual acts,'' Montgomery said. ``That evidence was not forthcoming.
``Had Lt. j.g. Selland said he did not intend to engage in homosexual acts in the future, the board's deliberations may have followed a different course.''
A second board member, Capt. Francis Poole, said the panel's decision would have been more difficult had Selland offered such a statement. He questioned why Selland did not.
``He was more concerned about changing the policy than adhering to it,'' Poole said.
The words indicated that, despite the urgings of Selland and his attorneys, the board applied the ``don't ask, don't tell'' policy literally.
The policy, adopted March 1, prohibits military officers from asking a recruit's sexual orientation or investigating rumors that a person is gay. Homosexuals, such as Selland, who divulge their sexuality could be dismissed.
Attorneys for Selland have insisted that their client did not intend to publicly disclose his homosexuality when he met with his commanding officer in a stateroom on the attack submarine Hammerhead.
Selland, acting on the advice of a chaplain, was merely trying to end his own personal torment and put a stop to the jokes of colleagues on the submarine. He had been confident that the newly inaugurated president was going to lift the ban against gays.
In his closing argument, Hank Hockeimer asked the panel to look beyond the words of ``don't ask, don't tell.''
``A man should be judged by his deeds and not his words,'' Hockeimer said. ``The record in this case shows Lt. Selland is a committed, hard-working, talented officer.''
For Selland, the decision, though disappointing, simply means he must fight in a new venue - federal court. For now, he keeps his job.
``Here I have duty all night tomorrow night, yet the Navy wants to discharge me,'' Selland said. ``It will be even harder to go with my chin up and put forth 110 percent. But that's what I have to do.'' ILLUSTRATION: Color photo
A Navy board ruled Wednesday that Lt. j.g. Dirk Selland, who is gay,
violated the ``don't ask, don't tell'' policy.
KEYWORDS: U.S. NAVY HOMOSEXUALS
GAYS IN THE MILITARY
by CNB