Dahl

MEMORANDUM OF DECISION AND ORDER

This case is before the court on plaintiffs and defendants’ cross-motions for summary judgment on plaintiffs First and Fifth Amendment challenges to his discharge from the United States Navy.

I. FACTUAL AND PROCEDURAL BACKGROUND.

The. undisputed facts relevant to these summary judgment motions are as follows. Plaintiff enlisted in the Navy on October 14, 1980. During an official interview on March 10, 1981, plaintiff disclosed in response to questioning that he is a homosexual, but denied engaging in any homosexual conduct subsequent to enlisting in the Navy. Shortly thereafter, defendants advised plaintiff that he was being considered for discharge pursuant to Secretary of the Navy Instruction (“SECNAVINST”) 1900.9D and convened an administrative discharge board for that purpose. Despite extensive evidence of plaintiff’s excellent service record and affidavits of support from plaintiff’s shipmates and superiors, on December 16,1981 the administrative board recommended that plaintiff be discharged, based on its finding that he “is a stated homosexual.” Pfeiffer Decl., Ex. 8. Plaintiff was honorably discharged from the Navy on January 13, 1982.…