JEFFERSON CITY - Gun-rights supporters treated Maj. Jon Dolan like a returning war hero Thursday as the state senator cast a critical vote to override a veto of concealed-weapons legislation.

But Democrats said Dolan, a Lake St. Louis Republican, had gotten special treatment in getting six days of leave from his post in Guantanamo Bay, Cuba, and that he had flouted military rules by acting as a politician while on active duty.

They also said it was ironic Dolan would return on the second anniversary of Sept. 11, saying he should be at his post fighting terrorism.

The charges made Dolan furious, and at one point led to a hallway shouting match with Roy Temple, an adviser to Gov. Bob Holden, a Democrat.

Dolan was called to active duty in the Army National Guard on Aug. 8 and was serving with the 70th Mobile Public Affairs Unit in Guantanamo Bay. At the time, it appeared his absence might make an override of Holden's veto impossible in the Senate.

But Wednesday afternoon, after the House overrode the veto, Dolan was able to get a leave of absence. He used commercial airlines and charter planes to fly to St. Louis that night, driving to Jefferson City the next morning with little sleep.

"I followed every proper procedure at the Joint Task Force at Guantanamo Bay for leave," he said. "Never did a political issue enter into it. Never was special consideration given. No elected official at any other level of government was involved."

Dolan said he had to ask for a special exception for leave only because it fell within the first 60 days of his assignment in Cuba. He said his commanding officers granted the leave after he showed them the Senate rule that states a member must be present to cast a vote.

He also said his superiors believed his temporary absence would not affect his mission as a public affairs officer.

No public funds or money from interest groups was used to pay for his airfare, Dolan said. However, he said an opinion from the Missouri Ethics Commission that was sought by Republicans will allow him to be reimbursed for the trip by the GOP's Senate majority fund.

"I find it ironic that on Sept. 11... we've got a few people in the opposition out trying to impugn my career," Dolan said in response to the criticism.

Temple pointed to federal law and military regulations that say an officer "may not hold, or exercise the functions of" a political office while on active duty. The rules apply to "a reserve officer serving on active duty under a call or order to active duty for a period in excess of 270 days."

Because Dolan was called up Aug. 8, and because his orders say his service is not to exceed 365 days, he falls under the requirement, Temple said.

That assessment was shared by Missouri Adjutant Gen. Dennis Shull, who commands the state's national guard.

"No, it is not proper," Shull said. "That (Dolan's service order) is clearly in excess of that 270 days."

Shull said the regulations stem from the Constitution's mandate of civilian control of the military.

But Dolan said he had asked multiple attorneys about the issue, including one with the Army. The attorneys told him that, because he has not yet served 270 days of his tour, the rule does not apply to him.

"My interpretation is that rule does not apply to me until the 271st day of duty," he said.

Temple also said Dolan's claim that he received no special treatment to get leave was not credible.

"I think there are hundreds of thousands of men and women serving in the United States armed services now who would love to have the opportunity to come home for the birth of their children or to attend the funerals of friends and family," Temple said.

"Somehow, Jon Dolan was given the opportunity to come back for political activities."

Navy Lt. Cmdr. Barbara Burfeind, a Department of Defense press officer, said her office in Washington had spoken with officials in Guantanamo Bay after inquiries by reporters. She said Dolan's leave was granted on a special exception, but requests for such exceptions are not uncommon.

"There's always exceptions to policy," Burfeind said. "Major Dolan was granted an exception to policy based on they had enough staffing that they could let him go for six days. His special circumstances were taken into account."

To reach Tim Hoover, Jefferson City reporter, call (573) 634-3565 or send e-mail to thoover@kcstar.com