Thomasson v. Perry

80 F.3d 915 (4th Cir. 1996) en banc

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Nature of the Case

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Facts

Thomasson (P) was a Lieutenant in the Navy. He had the highest possible performance ratings and was selected for a Joint Chiefs of Staff Internship; his work was praised and lauded by Admiral Lee F. Gunn. A directive of presumption regarding a statement of homosexuality was issued by the Navy. After reading this presumption, P presented a letter for four Admirals that he worked for stating that he was gay. In accordance with its policy, the Navy initiated separation proceedings and the Board announced that P's letter gave rise to the presumption and if unrebutted, separation was warranted. P did not rebut the presumption. P was recommended for honorable discharge. P sued for declaratory and injunctive relief.