THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, April 19, 1995 TAG: 9504190416
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY DALE EISMAN, STAFF WRITER
DATELINE: WASHINGTON LENGTH: Medium: 72 lines
Lt. j.g. Richard ``Dirk'' Selland on Tuesday became the first Norfolk-based sailor to file suit against the military's revised policy on service by homosexuals, asking a federal court in Baltimore to block his scheduled April 28 discharge.
Selland, a supply officer from Maryland, currently works as a deputy director of the Fleet Industrial Supply Center in Norfolk. He contends that the ``don't ask, don't tell'' policy violates his constitutional right to freedom of speech.
The sole element of the Navy's case against him, Selland argues, is his statement in 1993 that he is a homosexual; the Navy has never provided evidence that he has engaged in a homosexual act.
The Pentagon says its policy is designed to punish only homosexual acts, but it has moved to discharge several servicemen and women based on statements of their sexual orientation. The policy says such statements create a presumption that the member has committed or will commit homosexual acts, though the member can present evidence to rebut that.
Selland first declared his homosexuality more than two years ago, disclosing it to his skipper aboard the attack submarine Hammerhead in Norfolk.
He came forward, Selland says now, because he expected that President Clinton would fulfill a campaign promise to lift the military's ban on service by gays. He hoped to get his commanding officer's help in stopping harassment by other sailors who suspected his homosexuality, he says.
But instead of getting help, Selland was ordered off the Hammerhead, where he had been working as supply officer. He since has had several on-shore billets, earning praise for his work from superiors and waging a high-profile campaign against the military's policy on homosexuals.
Selland's current assignment is deputy director for procurement at the Fleet Industrial Supply Center in Norfolk. He is the top uniformed officer in the center's small purchases operation, handling purchases of under $25,000 and supervising 80 people at seven sites. A law to take effect later this year will give the operation jurisdiction over purchases of up to $100,000.
Though Selland originally came forward because of hazing, he now argues that co-workers have accepted his homosexuality and that his status is not a threat to morale in his unit. One of the military's prime arguments for ``don't ask, don't tell'' is a contention that ``straight'' troops will not accept an open homosexual in their midst.
Several of Selland's co-workers and superiors testified before a military court last summer that they have no problem serving with him and that his status has not created problems in the workplace.
Challenges to the military policy are pending in a growing number of federal courts across the nation. Some courts, including an appeals panel in the District of Columbia, have upheld a predecessor policy that permitted discharges simply for statements of homosexuality.
But in a crucial decision last month, a federal judge in New York ruled that the new policy is unconstitutional and stopped discharge proceedings against six military members.
``A mere statement of homosexual orientation is not sufficient proof of intent to commit acts as to justify the initiation of discharge proceedings,'' the court said.
The U.S. Justice Department has announced plans to appeal the ruling. ILLUSTRATION: Color photo
Lt. j.g. Richard ``Dirk'' Selland is deputy director at the Fleet
Industrial Supply Center.
KEYWORDS: GAYS IN THE MILITARY U.S. NAVY LAWSUIT by CNB