The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Saturday, August 19, 1995              TAG: 9508190041
SECTION: FRONT                    PAGE: A1   EDITION: FINAL 
SOURCE: By KERRY DeROCHI, STAFF WRITER 
                                             LENGTH: Medium:   98 lines

NAVY AKS FOR PROBE OF SEAL DISPUTE DOLE AND 2 OTHER LAWMAKERS PROPOSE AN INQUIRY OF A MISHAP AT LITTLE CREEK BASE.

The assistant secretary of the Navy has asked the inspector general to investigate SEAL Team 8 for possibly violating safety rules and failing to enforce the guidelines governing explosives and other weapons.

Bernard Rostker, assistant Navy secretary for manpower and reserve affairs, requested the investigation after receiving a letter from Senate Majority Leader Bob Dole, R-Kan., and other Republican congressmen raising questions about the safety record of the SEAL team and its leadership.

The letter, written by Dole, Rep. George W. Gekas, R-Pa., and Sen. Rick Santorum, R.-Va., asked that the Navy look into whether a Navy SEAL was unfairly disciplined for reporting safety violations at Little Creek Naval Amphibious Base.

``Our basic concern is the safe operation of our armed forces,'' the congressmen wrote in the letter dated Aug. 1. ``We trust the Navy can itself find real answers to our questions in this case and make it right.''

The controversy stems from allegations that Matthew Napiltonia, a member of SEAL Team 8, was removed from duty after refusing to take part in the cover-up of a December 1994 weapons mishap that left a fellow SEAL permanently injured.

Napiltonia, 23, a radioman third class from Virginia Beach, was given custodial duties at the SEAL compound and had his security clearance lifted.

The SEAL maintains that the actions were in retaliation for his decision to go public with his complaints.

His commanders say the SEAL was disciplined for refusing to return to his platoon. They have accused Napiltonia of trying to manipulate the situation to secure a transfer to another SEAL team.

The controversy has spread throughout the SEAL community at Little Creek and has drawn the attention of the Navy Special Warfare Command in San Diego.

In July, Rear Adm. R.C. Smith, commander of the Navy Special Warfare, substantiated most of Napiltonia's allegations regarding the platoon but ruled that Cmdr. K. P. Carl, commanding officer of SEAL Team 8, acted properly in disciplining the SEAL.

Smith's report was sent to the Navy Judge Advocate General, the service's top legal officer, and is now under review by Rostker's office.

A Navy spokesman said Friday the assistant secretary decided to call in the Navy inspector general, Vice Adm. David M. Bennett, to respond to the questions raised by Dole and the other congressmen.

The inspector general's office is a non-judicial, fact-finding arm of the Navy which is capable of looking into any issue that affects efficiency, morale, discipline, safety and readiness.

``The Navy will respond directly to Congressman Gekas, Sen. Dole and Sen. Santorum as soon as the inspector general's investigation is completed,'' said Lt. Denny Moynihan, a Navy spokesman.

Moynihan would not discuss the scope of the investigation, except to say it would follow the questions raised by the congressmen in the letter.

Those questions included: How serious a threat were these violations to platoon members? Was the platoon more tolerant of risk-taking in a risky business than prudent? Would any action have been taken regarding the violations had Napiltonia not raised them?

The questions referred to a series of incidents where members of the Alpha platoon of SEAL Team 8 violated federal safety laws by improperly transporting and storing high-powered weaponry, such as C-4 explosives and 84mm anti-tank rockets.

On Dec. 13, 1994, a member of the platoon was injured seriously when a colleague fired an improperly modified flare without any warning. The flare hit the SEAL in the groin, burning him. That same day, leaders of the Alpha platoon told the SEALs not to tell anyone what had happened.

Napiltonia refused and subsequently raised the issue with Carl, who told him to return to his platoon. Napiltonia refused and the dispute followed.

Three months ago, Napiltonia approached Gekas who represents Napiltonia's home district in Pennsylvania.

Henry Young, a spokesman for Gekas, said the congressman offered to help because he was concerned about the precedent set by Napiltonia's case. He described Napiltonia as a whistle blower who tried to call attention to problems in the SEAL team only to face reprisals.

``It only happened after he went public with this,'' Young said. ``You'd have to be deaf, dumb and blind not to think there might be a scintilla of reprisal.''

John McGinn, a staff assistant in Dole's office, said the majority leader was bothered by the circumstances surrounding Napiltonia's case.

``We've asked a number of questions, let's see what the reply is,'' McGinn said. ``We have every faith the Navy will look into this and provide answers to the questions that we posed.''

Both congressional spokesmen said they would wait and see what the Navy offers in response to the inquiries before evaluating what their next step should be.

``It's best to rectify the system when you find it at fault,'' Young said.

``Petty Officer Napiltonia is just one victim of a faulty system. There could be others with different names from different states.'' ILLUSTRATION: Color photo

Matthew Napiltonia

KEYWORDS: U.S. NAVY SEAL TEAM 8 WHISTLE BLOWER by CNB