Army Starts Proceedings to Discharge Gay Reservist

LOS ALAMITOS, Calif. — The Army started making its case Saturday to kick gay reserve Lt. Steve May out of the military, now that he’s out of the closet, but no decision was reached immediately.

May, an Arizona legislator who successfully ran for office as an openly homosexual candidate, is accused of violating the military’s “don’t ask, don’t tell” policy when he acknowledged his sexual orientation in a debate in the state capitol.

May has an unblemished military record and hopes to finish the last seven months of his Army commitment. He argues that he spoke of his homosexuality first as a citizen and then as a public servant, but never during service in the Army.

The government says he was on active status as a reservist, though he had not been called to duty.

A separation panel of three colonels is hearing the case at the Los Alamitos Army base. Attorneys said Saturday that testimony in the closed proceeding may not finish until Sunday. Los Alamitos is the headquarters for the Army 63rd Regional Support Command, which oversees May’s unit, the 348th Transportation Company.

May’s attorney said the Army spent much of Saturday morning establishing what both sides already agree upon: May is gay. Instead of seeking a dishonorable discharge, as is more common in “don’t ask, don’t tell” cases, the Army attorneys are seeking a general discharge for May.

Dishonorable discharges prevent people from getting benefits and from reenlisting; a general discharge is benign.

Army attorneys declined to discuss specifics of the case, and it was unclear why they chose to debate whether May is a homosexual. May requested that the hearing be closed.

Army attorneys suggested May’s interviews about his case on “Larry King Live,” “60 Minutes” and in Newsweek, were violations of his military duties, May’s attorney Christopher Wolf said.

“We think that’s an absurd argument,” Wolf said.