Navy sets Jan. 31 discharge for convicted chaplain
Posted : Friday Jan 5, 2007 13:53:07 EST
An evangelical chaplain convicted of disobeying a lawful order by wearing his Navy uniform to a press conference outside the White House last March says he has received written notice that the Navy plans to discharge him by Jan. 31.
A Navy spokesman confirmed that Lt. Gordon J. Klingenschmitt is slated for separation on that date.
“Lt. Klingenschmitt’s request to renew his contract under a new endorser was denied,” said Lt. Tommy Crosby, spokesman for the Navy. “The determination was based on a review of his record to include his military record and performance as a naval officer. This review was initiated due to a withdrawal of his original [DoD-approved ecclesiastical] endorser and is standard procedure for any Navy chaplain who changes endorsements for any reason.”
But, in two motions filed in U.S. District Court, Klingenschmitt argues that the Navy violated its own rules by failing to accept his endorsement by the Full Gospel Church.
Klingenschmitt said he resigned from his previous endorser, the Evangelical Episcopal Church, shortly after his September court-martial, but that resignation was effective after a second endorsement by the Full Gospel Church became effective. Since there was no lapse in endorsement, Klingenschmitt said, Navy rules require Navy officials to accept the new endorsement.
Navy officials dispute that.
Both motions ask U.S. District Judge Harry H. Kennedy Jr. to block his discharge, and a separate lawsuit asks the Navy to remove all negative evaluations from his service record and to stop discouraging evangelical chaplains from praying in Jesus’ name, as he claims it does.
Kennedy has not ruled on either motion, although he turned down an earlier request for a temporary restraining order because there was no imminent risk of discharge, according to Bill Farley, a civilian lawyer who represents Klingenschmitt.
No trial date has been set for the lawsuit.
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