THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, July 15, 1994 TAG: 9407150569
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY DALE EISMAN, STAFF WRITER
DATELINE: WASHINGTON LENGTH: Medium: 68 lines
A Navy board of inquiry on Thursday recommended an honorable discharge for Lt. j.g. Tracy W. Thorne, the former Oceana-based flier who has become perhaps the military's most prominent homosexual.
Thorne immediately vowed to go to federal court to challenge the decision, assuming it stands through a review by Navy Secretary John H. Dalton. A reservist, he plans to leave active duty by October in any case but said he wants the right to continue as a part-time reserve member.
The ruling means ``I must reluctantly accept that my performance and my abilities . . . mean nothing'' to the Navy, Thorne told reporters.
The former A-6 bombardier-navigator has what the Navy concedes is an exemplary service record. But the service has been trying to discharge him since May 1992, when he went on ABC-TV's ``Nightline'' to declare his homosexuality and denounce the military's policy banning gays.
Thorne asserted that he was being persecuted only for statements of his sexual orientation and that the Navy had no evidence he had committed or would commit homosexual acts.
Under the Clinton administration's ``don't ask, don't tell'' policy, gays are told they can remain in the military so long as they do not engage in homosexual acts or show ``a propensity'' to do so.
A former policy banned any military service by gays and included questions to military recruits about their sexuality. Thorne said his case demonstrates that ``the policy is no different than it was before.''
In a three-day hearing this week, the Navy produced no direct evidence of homosexual acts byThorne. But the board of three captains that heard the case said his statements and other evidence created a ``rebuttable presumption'' he had violated the policy.
Thorne ``failed and in fact made no effort to rebut the presumption,'' said the decision, read by Capt. Douglas W. Cook.
Thorne's mother, his sister and his roommate, Michael Begland, flanked him as he met with reporters after the ruling.
Begland's relationship with Thorne became an issue in the hearing after the Navy produced evidence that he is openly gay and is the beneficiary on Thorne's life insurance policy. The defense argued that Navy regulations specify that designation of a friend of the same sex as a life insurance beneficiary ``does not provide a basis for separation'' from the service.
Thorne, 27, was the third openly gay Navy man this week to be recommended for honorable discharge after a board of inquiry. Michelle Benecke, director of the Servicemembers Legal Defense Network, said more than 100 such cases are being processed by the services or are already in the courts.
Benecke and Patrick Lee, one of Thorne's lawyers, predicted the Supreme Court will ultimately overturn the military's policy, but Benecke said it could be three to five years before the issue is resolved.
Her group has been tracking implementation of the policy since it was revised effective March 1, Benecke added, and has found that harassment of gay service members actually has increased.
The policy should be rechristened as ``lie, hide and hope you're lucky,'' she said.
Pentagon spokeswoman Kathleen deLaski said the military won't tolerate harassment of gays and is unaware of any increase. ILLUSTRATION: Color photo
Lt. j.g. Tracy Thorne vows to challenge the ruling, if upheld, in
federal court.
KEYWORDS: GAYS IN THE MILITARY HEARING DECISION by CNB