European Stars and Stripes (Newspaper) - November 17, 1993, Darmstadt, Hesse                                Page 8 the stars and stripes . Wednesday november 17.1993 i naval Academy told to i ,.a Washington a a Federal appeals court tuesday ordered the . Naval Academy to graduate a midshipman who was expelled after saying he was the three judge panel unanimously ordered the Navy to Grant Joseph c. Steffan his diploma and place him in the ranks of Navy officers. Steffan was forced to resign from the Academy in an Napolis md., in 1987 before he was set to graduate be cause Navy investigators confirmed he had told a fellow midshipman that he was Gay. Steffan sued the Navy but a lower court judge dismissed the lawsuit. In tuesday s decision the . Court of appeals forthe District of Columbia circuit said Navy rules requiring Stoffan s expulsion solely because he admitted his homosexual orientation Are not rationally related to any legitimate  America s hallmark has been to judge people by what they do and not by who they Are chief judge Abner j. Mikva wrote for the panel. It is fundamentally unjust to abort a most promising military career solely because of a truthful confession of a sexual prefer ence different from that of the majority a preference untarnished by even a scintilla of  the panel ordered the Navy to Grant or. Steffa Nhis diploma from the United states naval Academy re Instate him to military service and commission him Asan  the Navy had no immediate response to the Deci Sion. Steffan resigned from the Academy six weeks before he was scheduled to receive his diploma and be commissioned. He left after a special review panel recommended that he be discharged for insufficient anti uate Gay tude for commissioned  the appeals court noted that Steffan s Superior never asserted that or. Steffan had engaged in Homo sexual conduct and he never admitted to any. On its face therefore his discharge seems unrelated to any conduct his statement revealed nothing More than asexual  Steffau s forced discharge occurred under Navy poli cies that have since been modified by the Clinton administration s Don t ask Don t Tell Rule. Under the new Rule Gay service members who reveal their sexual orientation could still face discharge. But the Clinton policy forbids military officials from asking about a recruit s sexual orientation or to investigate allegations that a person is homosexual. The decision was joined by circuit judges Patriciam. Wald and Harry t. Edwards. All three judges Are appointees of president Carter. In the stars and stripes 10 year Sago nov. 17,1983 a Day after a protest rally in which he was sprayed with red paint British de sense Secretary Michael Hesetine vowed that the demonstrations would not shake the government s resolve to deploy . Cruise mis Siles. 20 years ago nov. 17.1973 West German Chancellor wily Brandt said that his government will decree its first emergency measures to conserve Oil and that he believes it will be necessary to ban sunday driving from nov. 25 Onward. 30 years ago nov. 17,1963 the soviet Union released Yale University pro Fessor Frederick Barghoorn from a Moscow jail where he had been held on an espionage charge. He later flew to London saying there that it s sure Good to be  40 years ago nov. 17,1953 the Western Al lies again called on the soviet Union to negotiate settlements on Ger Many and Austria and Clear the Way for real world peace. 50 years ago nov. 17, 1943 . B-17s and b-24s, roaring through North sea snowstorms on a 1,200-mile round trip to Norway struck a heavy Dou ble blow at vital German installations in the allies first major raid in four Days. World War ii 50 years ago today nov. 17 soviet forces attacking in the Kiev sector capture Novod Ichi. While farther North Rod army units Advance near Gomel a new German attack in the Zha Omir Fastov Region gains ground. British bomber Crews make final preparations for a heavy raid that will open the Battle of Berlin. A four month Campaign against Germany s capital. Source 21m a of of. W. M Smirt Putti or inc. World almanac Book Elwor Idwall. Biton Book corp. 19l a photos of Mig action to be shown . C-130 downed by soviets in 1958 Washington a a  commission welcomed the release of soviet photographs showing the shooting Down of an american c-130 air plane in 1958. Commission members announce monday that the defense department will Issue within the next Day or so All of the 24 photographs taken aboard the so Viet Mig-17 that shot Down the c-130and by soviet military personnel on the ground. The russians gave the photographs tothe commission and they recently were released to the families of the . ,. Former soviet ambassador Malcolm Toon a member of the commission de scribed of the russians As extraordinarily  the Downing of the american aircraft by two soviet migs occurred on sept. 2, 1958, Over soviet Armenia. Seventeen . Service members were aboard the plane and six sets of remains were recovered. Five have been identified. The commission said one soviet Mig damaged the Wing of the c-130 and the second soviet aircraft shot the Tail off the plane which burned fiercely after the crash. The commission said officials recently combed the site and recovered several Hundred  fragments none any larger than a thumbnail. Details about the plane s Mission have not been released. But experts say it s possible the the . Air Force was inter ested in spying on soviet fortifications along the Border with Turkey a member a Mig-17 gun camera records the shoot Down of an american c-130 Over soviet arme Nia on sept. 2,1958. Of nato. President Bush appointed the commis Sion nearly two years ago and it includes members of Congress and officials fro the defense and state departments. The commission has made six trips to Russia met with president Boris n. Yeltsin and received More than 2,000 pages of soviet documents. The commission is after results and we re starting to get them rep. Sam Johnson a Texas said at a Capitol Hill news conference. The level of cooperation is unprecedented said rep. Pete Peterson a Fla. Toon said the american people had a legitimate complaint in the past with .handling of the pow Mia Issue but the commission s Effort is a Good  now we re making up for the mis takes in the past Toon said. . Investigators have taken testimony from witnesses in now Independent Armenia. Some of the armenians said the had seen several parachutes coming Down at the place where the plan crashed. Ten . Planes were shot Down Over the soviet Union during the cold War but no evidence has been produced to indicate any of the downed airmen Are still alive. San Francisco a an aids stricken passenger who airline officials say had open sores on his face and Hung an in bag Over his seat was dragged screaming off a flight and arrested after he refused to leave the plane voluntarily. American airlines said monday that Timothy Holless intravenous bag and his refusal to cover his sores violated company policy. The 33-year-old san Francisco Man also declined an offer to take the next available flight and demanded to be arrested an airline spokeswoman said. Our commitment is to provide discrimination free travel for All our customers Mary Frances Fagan  seemed most appropriate and Pru Dent to assure his safety that we ask Muto take the next  Holless who was on his Way from Chi it was awful just incredibly awful. I la never get that vision out of my head like it was his fault like he was being punished for being sick.1 Robby Robinson witness to incident Cago to san Francisco when the incident occurred sunday was arrested for investigation of disorderly conduct and re leased on Bis own recognizance sunday Chicago police said. It was awful just incredibly awful said Robby Robinson a Board member of the san Mateo aids program who witnessed the incident. Ill never get that vision out of my head like it was his fault like he was being punished for being  Holless whereabouts was unknown monday. A spokesman for the san Francisco aids foundation said people with aids should Call airlines in Advance to Check for any restrictions. It s a growing concern at this time of year Joe Fera said. People with his and aids travel Home to see family and loved ones and Many of them Are ill and have certain needs that must be  the human immunodeficiency virus causes aids. Aids victim dragged off Airliner