Navy Defends Discharge of Gay Chief Tracked Online

The Navy defended its actions Monday in discharging a 17-year veteran sailor for homosexuality after apparently uncovering his sexual orientation through a computer online service.

Critics accused the Navy of invasion of privacy by tracking down the sailor’s identity from an America Online Inc. profile page in which he called himself simply “Tim.”

The Navy’s deputy chief of personnel ordered Senior Chief Petty Officer Timothy R. McVeigh to be dismissed from the service for violating the military’s “don’t ask, don’t tell” policy on homosexuality.

McVeigh is no relation to the convicted bomber of the Oklahoma City federal building.

McVeigh, 36, was a senior enlisted man on the Chicago, a Los Angeles-class attack submarine, when the inquiry began last year.

A Navy official, who spoke on condition of anonymity, said information posted by McVeigh in the America Online subscriber profile represented a “statement” under the military regulations about homosexuality in the military. Although the policy bars the military from making inquiries about sexual preference, it does allow the military to discharge those who declare their homosexuality.

But critics say the issue is how the Navy linked computerized information only under the name “Tim” with McVeigh.

Gay-rights advocacy groups cite Navy investigation transcripts showing that a Navy investigator called America Online and obtained the full name of a “Tim” who had posted personal information on a profile page.

Among other things, the page listed under marital status “gay.” The profile page, which has since been removed, listed under hobbies, “driving, boy watching, collecting pictures of other young studs.”

The case, reported in Monday’s Washington Post, appears to represent a conflict between two aspects of the Pentagon’s policy on gays in the military.

Under Pentagon policy, “any credible evidence, including a written or spoken statement, which shows that a military member has a propensity or intent to engage in homosexual acts, may warrant initiation of administrative proceedings for discharge.”

On the other hand, gay-rights advocates cite a statement by President Clinton in 1993 that the policy would show “a decent regard for the legitimate privacy and associational rights of all service members.”

America Online, a Virginia-based Internet access firm, would not acknowledge Monday that an AOL employee had provided McVeigh’s full name to a Navy investigator.

“We don’t disclose private information unless we’re presented with search warrant, court order or subpoena,” said AOL spokeswoman Wendy Goldberg. Before the Navy investigator made that statement, however, McVeigh had already acknowledged to superiors that the profile page was his.

McVeigh said the Navy’s chief of naval personnel approved his discharge Jan. 5.