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

DATE: Thursday, October 6, 1994              TAG: 9410060512
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY DALE EISMAN, STAFF WRITER 
DATELINE: WASHINGTON                         LENGTH: Medium:   51 lines

DIRK SELLAND WILL BE OUT ON APRIL 1, NAVY SAYS THE REASON: THE GAY OFFICER WAS DENIED A PROMOTION. HIS LAWYER SAYS THEY'LL FIGHT THE OUSTER.

Lt. j.g. Richard D. ``Dirk'' Selland's imperiled Navy career may have gotten a few months shorter Wednesday.

The Navy said the Norfolk-based supply officer, who is waging a high-profile battle against the military's policy on service by homosexuals, will be booted from the ranks April 1 because of his failure to win a promotion last month.

Selland will seek a federal court injunction to block any attempt to dismiss him, said his lawyer, Hank Hockeimer of Washington. The Navy apparently believes that discharging Selland for failure to win a promotion would be a ``less contentious way'' of ending his career, Hockeimer said.

Selland learned last week of his rejection by a promotion board but said that until Wednesday he understood he'd be considered again next year. A Virginian-Pilot story on his case prompted Navy officials to clarify his status.

The Navy gives second looks to most officers who fail in their initial reviews for promotion; Selland said that when he was told of his rejection he was assured he'd get another chance.

But under a policy now in its second year, junior grade lieutenants must move up or out after only one review, said Lt. Dave Waterman of the Bureau of Naval Personnel. The Navy adopted that policy for the junior officers as part of its effort to trim manpower.

The Navy already has instituted proceedings to dismiss Selland based on his declarations that he's a homosexual. A special board's recommendation in July that he be given an honorable discharge is working its way up the Navy's chain of command.

Selland contends that by denying him a promotion, the Navy is trying to give itself another way to dismiss him. He says the Navy should have delayed his promotion board hearing, pending the outcome of his challenge to the policy on service by gays, so that he could be evaluated strictly on his job performance. The Navy says its regulations don't permit such delays.

His campaign against the ``don't ask, don't tell'' policy toward homosexuals was the only blemish on Selland's most recent fitness report. The Navy said all but 5 percent of the junior grade lieutenants reviewed with Selland were promoted.

KEYWORDS: GAYS IN THE MILITARY HOMOSEXUALS by CNB