JEFFERSON CITY - Military officials are investigating whether state Sen. Jon Dolan violated policies by taking leave from his post to vote as a politician while on active duty.

Dolan, a Lake St. Louis Republican who is a major in the Army National Guard, received a six-day leave of absence from his post in Guantanamo Bay, Cuba, so that he could return to vote Thursday for an override of Gov. Bob Holden's veto of a concealed weapons bill. Dolan's vote was critical for the override, which might not have been attempted without his presence.

Dolan confirmed that he was under investigation for his actions. He said one of his commanding officers in Cuba had called him Thursday night after he voted on the bill to discuss the situation.

"It's very clear he is very upset, and that I face some kind of disciplinary procedures," Dolan said.

He blamed the investigation on Holden, whose political adviser, Roy Temple, made his leave of duty an issue before the vote on concealed weapons. Dolan said Holden's office had directed Missouri Adjutant Gen. Dennis Shull, a Holden appointee who commands the state National Guard, to produce an opinion that Dolan had violated the directive.

"Waiting for me is anything from a counseling statement to a court-martial because Bob Holden wants retribution on Jon Dolan for beating him," Dolan said.

Jack Cardetti, a spokesman for Holden, said the investigation "is really an issue between Major Dolan and the military, not between Senator Dolan and Governor Holden. The governor has no opinion on this."

Temple also said he was not to blame.

"If he has a problem, it's because of his actions and his failure to follow the proper military protocol, not someone else's fault for pointing it out," Temple said.

Dolan confirmed he was under scrutiny because of a Defense Department directive that says 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."

The regulations stem from the doctrine of separation of powers in the Constitution, which mandates civilian control of the military. While those in reserve positions can hold elected office, they are prohibited from exercising political functions or engaging in politicking while on active duty.

Dolan said his interpretation of the regulation meant that he could still vote as long as it was within the first 270 days of his call to active duty, which his orders say is not to exceed 365 days. Dolan's call to active duty started Aug. 8.

However, that did not seem to fit the interpretation that the Office of the Secretary of Defense gave The Kansas City Star.

"If someone is on active duty under orders that cover a period greater than 270 days, the prohibition exists during the entire period of active duty," Lt. Col. Cynthia Colin responded in writing after forwarding The Star's query to legal officials in the office.

When told of that response from the Pentagon, Dolan replied, "Then I will have to fight one opinion versus another, and I'm probably in trouble."

Dolan said he had a legal opinion from the Senate's research division saying he could vote, and he also discussed the matter informally with a friend who is an Army attorney. The friend told him he had no problem, he said.

Shull confirmed that the governor's office had called him to inquire about Dolan's leave status and about who had authorized it. Shull said he then informed officials in Holden's office that military regulations prohibited Dolan from performing political duties.

Shull said he contacted Dolan on Thursday morning before the vote and informed him of the military regulations governing political activity.

"I felt obligated to the young man," Shull said.

Dolan said he told Shull that he did not believe the regulation applied to him since he had not served 270 days of active duty yet.

Dolan said his failure to inform officials in Cuba that questions were being raised about his participation early Thursday was something his superiors were concerned about. Still, he said, he did not believe that voting would be a problem.

"They know that I knew something about it, and that I didn't tell them," he said. "So they're offended. They think I'm disloyal and dishonest."

Dolan's supervising officer in Guantanamo Bay, Lt. Col. Pamela Hart, said she was not aware of the regulation when she recommended that he be allowed leave to return for the vote.

"We certainly are aware of it now, and we are looking into it and examining it fully," she said.

Asked what kind of punishments could be levied, she said, "Nothing has been determined at all yet."

The investigation of Dolan's leave will not have any bearing on the override of the concealed-weapons bill or on two other overrides on which Dolan voted.

Despite his current troubles, Dolan said he had no regrets.

"The people's will was done," he said. "It's my duty, and I would do it again."

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