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in hawaii today, a gay sailor said he would fight his dismissal from
the navy. timothy mcveigh, no relation to the oklahoma city bomber,
says the navy violated its own "don't ask, don't tell" policy. mcveigh
says the navy went out of its way to learn his sexual orientation
and got it by asking a worker at america online, which is supposed
to keep personal information private. here's abc's john mcwethy. he
was the senior enlisted man on a submarine. and he made the mistake
of sending an e-mail through his private america online account. the
civilian woman who received it and who knew mcveigh looked up his
user profile on america online, which stated that the message came
from "tim" from honolulu, who was gay, but did not include tim's full
name. she told the navy, and an investigator called america online
asking for confirmation that tim from honolulu was in fact the navy's
tim mcveigh. from testimony he said he didn't identify who he was,
he just asked for the information and was given it. to get such information
a government investigator is supposed to clearly identify himself
and to be armed with a court order or subpoena. america online says
it is conducting its own investigation but does not believe its customer
representative just handed over private information without believing
they were talking to the customer himself. the united states government
wants personal information about one of our members. there's a lawful
process and a lawful procedure to follow. it was not followed in this
instance. yet the navy claims it just asked and was given. the navy
has said in sworn testimony that this did happen. america online is
saying this never happened. somebody is lying. and somebody broke
the law. mcveigh has still not commented on whether he is gay, but
the navy says there is enough evidence that he is to kick him out
anyway. still unclear is whether the navy or aol broke privacy laws
during the investigation. john mcwethy, abc news, washington.