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TECHNOLOGY
Electronic Privacy
Rights Case Dropped by Navy |
Master
Chief Petty Officer
Timothy
R. McVeigh
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Timothy R. McVeigh Retires with Full
Benefits
Illegal Pursuit of Sailor Through AOL
is Highlighted
Compiled by Badpuppy’s
GayToday
From Servicemembers Legal
Defense Network Reports
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On Saturday The Department of Navy dropped
its appeal of the case involving Master Chief Petty Officer Timothy R.
McVeigh whom the Navy had been trying to oust with no retirement benefits
for alleged violations of “Don’t Ask, Don’t Tell, Don’t Pursue.”
The Navy’s action leaves intact a federal
court ruling that that the Navy violated the McVeigh’s privacy rights under
the Electronic Communications Privacy Act and “Don’t Ask, Don’t Tell, Don’t
Pursue.” As part of the Navy’s action, McVeigh has been made eligible for
retirement with full pension benefits after 18½ years of service.
The Navy is also paying McVeigh’s attorneys
fees and costs.
“I have spent my entire adult life
in service to our country,” McVeigh stated. “While I will miss the Navy,
I consider today’s settlement a victory that leaves intact a strong legal
precedent that may help to prevent others from being harmed in the future.”
Chris Wolf, McVeigh’s attorney from
the law firm of Proskauer Rose LLP said: “We are very pleased with the
Navy’s decision to change course. The Navy’s initial plan was to discharge
Master Chief McVeigh based on information that was private, illegally obtained,
and irrelevant. Mr. McVeigh’s stellar career has now been vindicated and
he is able to leave the Navy on his own terms.”
C. Dixon Osburn, Co-Executive Director
of Servicemembers Legal Defense Network and co-counsel in the case, stated:
“This case should serve as a warning to the Department of Defense to clean
up its act, follow the rules, and stop invading people’s privacy.”
The Navy had sought to discharge Master
Chief Petty Officer Timothy R. McVeigh (not related to the Oklahoma City
bomber) based on information that he had allegedly used the word “gay”
to describe his marital status in an anonymous America Online user profile.
The Navy obtained McVeigh’s subscriber
identity from America Online without a court order as required by federal
law. At the time, McVeigh was the Chief of Boat, the senior enlisted position
aboard the nuclear submarine, USS Chicago, based in Honolulu.
McVeigh filed suit against the Navy
in federal court in January. On January 29, 1998, Judge Stanley Sporkin,
a Reagan appointee, ruled that the Navy’s actions violated the 1986 Electronic
Communications Privacy Act and the limits to investigations under “Don’t
Ask, Don’t Tell, Don’t Pursue.”
Judge Sporkin ruled that the Navy “went
too far” and launched a “search and destroy mission” in pursuing McVeigh.
Judge Sporkin ruled that “Suggestions of sexual orientation in a private,
anonymous email account did not give the Navy a sufficient reason to investigate
to determine whether to commence discharge proceedings.”
Since Judge Sporkin’s ruling, the Navy
had refused to reinstate McVeigh as Chief of Boat of the USS Chicago or
to a comparable position. The Navy faced a contempt hearing on June 1,
1998 to determine whether it had complied with Judge Sporkin’s order that
McVeigh be reinstated to a position comparable to the one he had held as
Chief of Boat. That hearing was postponed after the Navy promoted McVeigh
to Master Chief Petty Officer in May.
In a letter to Attorney General Janet
Reno, dated April 1, 1998, that may have presaged today’s settlement decision,
Secretary Cohen wrote, “We also appreciate your view that an effort to
settle this case may nonetheless be appropriate, given the procedural posture
of the case, and considerations relating to the Electronic Communications
Privacy Act.”
In the letter, Secretary Cohen denies
any wrongdoing in how the Navy implemented “Don’t Ask, Don’t Tell, Don’t
Pursue” with respect to McVeigh.
A week following Secretary Cohen’s
letter to Attorney General Reno, the Pentagon released discharge statistics
showing that gay discharges in 1997 reached a nine year high of 997 discharges,
up 67% since the implementation of “Don’t Ask, Don’t Tell, Don’t Pursue.”
The Pentagon report concluded that
the policy is generally “working well.”
In February, Servicemembers Legal Defense
Network released its fourth annual report on the implementation of “Don’t
Ask, Don’t Tell, Don’t Pursue,” documenting that commands continue to “ask,
pursue and harass” servicemembers in violation of current rules. SLDN,
a legal aid and watchdog organization for those harmed by “Don’t Ask, Don’t
Tell, Don’t Pursue,” documented 563 command violations last year.
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