Gay Today: World

Military's Hypocrisy Shown
in Sailor's Case

Compiled By GayToday

Washington, D.C.--In the ongoing case of yet another patriotic sailor said by Wired Strategies' John Arovosis to have been 'screwed' by the military, seaman James Turner says the DOD has once again decided to disobey the 'Don't Ask Don't Tell' policy in its refusal to reconsider his case.

Turner's case is complicated, says Arovosis, but basically the United States District Court for the District of Columbia ruled last December that the Navy's decision to uphold Turner's discharge under "Don't Ask, Don't Tell, Don't Pursue" was "arbitrary and capricious" in violation of the Administrative Procedure Act."

Arovosis says the bottom line is that the Navy's own board said Turner should basically be allowed to stay in the Navy, and the higher ups decided to drum him out anyway.

The court then said 'I don't think so', and last Christmas told the Secretary to look at the case again.

Arovosis provided GayToday with an account of court proceedings two days ago, signaling the hypocrisy that surrounds the Navy's misuse or non-use of investigative guidelines :

"At the Plaintiff's Requested Status Conference that was held on August 23, 1999 before the Honorable Paul L. Friedman, United States District Judge for the District of Columbia, United States Attorney David A. Bono delivered to the Court, Assistant Secretary of the Navy Carolyn H. Becraft's decision dated August 20, 1999.

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"Assistant Secretary of the Navy Becraft re-affirmed the Department of the Navy's position, that 'The Department of Defense has made clear its intent not to be substantively or procedurally bound by the 'Don't Ask, Don't Tell' investigative guidelines.

"Since the Department of Defense has expressed its clear intent not to be bound by the investigative guidelines, Mr. Turner has no enforceable substantive, or procedural rights under the guidelines that can be enforced by this Court.'

Remarks made recently by Secretary of Defense, William S. Cohen, included this statement:

'The Department is determined to implement the homosexual conduct policy with fairness to all concerned. I've instructed the military Services to make sure that the policy is clearly understood and fairly enforced.' "

"Obviously," explains Aravosis, " 'Don't Ask Don't Tell' is once again being flouted by the military.

Turner reports that a status Conference on the next steps in the case is currently scheduled for September 14, 1999 at 0930 at the U.S. District Court for the District of Columbia 3rd & Constitution Avenues N.W. in Washington, D.C.

Anyone interested in attending, including the media, is urged to show up inasmuch as the proceedings are open to the public.