Department of the 
Navy Bureau of Naval Personnel Washington, D.C. 20370-5000 1920 Ser 822/2561 19 
DEC 1994


From: Chief of Naval Personnel
To: LT PAUL G. THOMASSON, USN, [SSN REDACTED]/1310

Ref: (a) LT Thomasson's ltr of 2 Mar 94
      (b) CHNAVPERS ltr 1920 Ser 822/475 of 9 Mar 94
      (c) DOD DIRECTIVE 1332.20
      (d) CNO WASHINGTON DC 010300Z Mar 94 (NAVADMIN 033/94)
      (e) COMNAVDIST Wash DC ltr 1920 Code 04/6213 of 19 Aug 94
      (f) BOR Report 1920 Ser 822/2434 of 9 Sep 94
      (g) DEPSECDEF Memo of 17 May 94

Encl: (1) Mr. C. A. Crain's ltr of 21 Jul 94
      (2) Honorable discharge certificate

1.   bsp;    Synopsis.  LT Thomasson is a regular Line officer qualified 
for duty in flying as a pilot with nine years, four months 
commissioned service.  He is presently assigned to the staff of 
the Bureau of Naval Personnel.  He has been recommended for 
separation from the Naval Service with an Honorable discharge by 
the Boards of Inquiry and Review which considered his case.

2. Discussion

      a.  By reference (a), a letter written and delivered by 
LT Thomasson to the flag officer in his command stated, "I am 
gay".  Reference (b) notified LT Thomasson that administrative 
show cause proceedings, per references (c) and (d), had been 
initiated based upon his statement of homosexuality which is 
defined as homosexual conduct.

  b.  Reference (e) reported a Board of Inquiry (BOI)
considered LT Thomasson's case on 23 and 24 May 1994.  The BOI
found LT Thomasson did not successfully rebut the presumption,
created by his statement of homosexuality, that creates a
rebuttable presumption that he engages in, attempts to engage in,
has a propensity to engage in, or intends to engage in a
homosexual act.  The BOI additionally recommended LT Thomasson be
separated from the Naval Service with an honorable discharge.

  c.  By enclosure (1), LT Thomasson's civilian counsel 
submitted a rebuttal statement.  He states, "on the basis of the
facts established on the record and for the reasons set forth in
the closing arguments by counsel for the respondent, the
reviewing authority should recommend the retention of the
respondent."  Reference (f) reported the Board of Review upheld 
the BOI's recommendation.  We have considered enclosure (1) and 
the entire record of this case and concluded LT Thomasson
received all the procedural rights to which he is entitled and
that his discharge for homosexual conduct is supported in fact
and law.

3.  Recommendation.  Approve the recommendations of the Boards of
Inquiry and Review to separate LT Thomasson from the Naval 
Service with a Honorable discharge.  LT Thomasson, is presently
indebted to the U.S. Government for $22,500.00, the balance of 
his Aviation Continuation Pay.  Per reference (g), LT Thomasson's
statement that he is a homosexual, though grounds for separation
under the current DOD homosexual conduct policy, does not
constitute a basis for recoupment.  Accordingly, recoupment of
the balance of LT Thomasson's Aviation Continuation Pay is not
appropriate.  Your approval of this letter and signature upon 
enclosure (2) will effect the recommended action.  The separation
code will be GRB (homosexual admission).


                                  [Signed]
                                  H. C. MCKINNEY
                                  Rear Admiral, U.S. Navy
                                  Deputy Chief of Naval Personnel

Approved: 13 JAN 1995
[Signed]
BERNARD ROSTKER
Assistant Secretary of the Navy
(Manpower and Reserve Affairs)