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Army Homosexual Conduct Policy
Don’t Ask Don’t Tell
Summary of Current Army Policy.
On 26 July 1999, the Secretary of the Army signed Army
Regulation 600-20, entitled Army Command Policy. Chapter 4-19 defines the Army’s
homosexual conduct policy. The policy implements section 654 of Title 10, United States
Code and states that suitability to serve in the Army is based on conduct and the ability
to meet required standards of duty performance and discipline. Homosexual conduct is
defined as an act or a statement by a soldier that demonstrates a propensity or intent to
engage in homosexual acts, the solicitation of another to engage in a homosexual act or
acts, or a homosexual marriage or attempted marriage.
The challenge to all soldiers is to comply with
the law that prohibits homosexual conduct while at the same time respecting the privacy
and dignity of every soldier.
"DON’T ASK, DON’T TELL" POLICY
In The Army…
Treating soldiers with dignity and respect is a bedrock
value for the Army. There is no room for harassment or threats in the military. The Army
is determined to implement the "Don't Ask, Don't Tell" Policy with fairness to
all concerned. This policy must be clearly understood and fairly enforced.
What Did the Congress Say?
In 1993, Congress made a finding that engaging in,
attempting to engage in, or soliciting another to engage in homosexual acts is grounds for
discharge from the military. Congress said that military service by those who have
demonstrated a propensity to engage in homosexual acts creates an unacceptable risk to
morale, good order and discipline, and unit cohesion. Therefore, the long-standing element
of military law that prohibits homosexual conduct continues to be necessary in the unique
circumstances of military service.
It was the sense of Congress that applicants should not be
asked about homosexuality as part of the processing of individuals entering into the Armed
Forces in the absence of a determination by the Secretary of Defense that such questions
are necessary. Applicants for military service are no longer asked about their sexual
orientation.
Army policy is a balance of the legal prohibition of
homosexual conduct with the privacy rights of Soldiers.
What Does the Law Say?
United States Code Title 10 addresses homosexuality in the
armed services. The code recognizes that one of the most critical elements in combat
capability is unit cohesion. The code affirms that the armed forces must maintain
personnel policies that exclude persons who would create an unacceptable risk to unit
cohesion. Title 10 recognizes that military life is fundamentally different from civilian
life and concludes that the presence of individuals in the armed forces who engage in
homosexual acts creates an unacceptable risk to unit cohesion and standards of morale,
good order and discipline.
What Does "Don’t Ask" mean?
According to Department of Defense and Army policy, a
person’s sexual orientation is considered a personal and private matter that is not a
bar to military service unless manifested by homosexual conduct. Upon entry into the Army,
applicants may not be asked nor required to reveal their sexual orientation. Applicants
will not be asked if they have engaged in homosexual conduct. While on active duty,
soldiers will not be asked about their sexual orientation unless there is credible
evidence of homosexual conduct.
What does "Don’t Tell" mean?
"Don’t Tell" is the opposite side of the
coin from "Don’t Ask". It means simply that soldiers should not disclose or
discuss their sexual orientation or conduct. If a soldier admits publicly to being a
homosexual, the commander will start an informal inquiry or investigation to determine if
credible evidence exists to warrant separation.
The challenge to all soldiers is to comply
with the law that prohibits homosexual conduct while at the same time respecting the
privacy and dignity of every soldier
Advice to Commanders
In The Army…
Treating soldiers with dignity and respect is a bedrock
value for the Army. There is no room for harassment or threats in the military. The Army
is determined to implement the "Don't Ask, Don't Tell" Policy with fairness to
all concerned. This policy must be clearly understood and fairly enforced.
How Do Investigations Proceed?
When the commander has credible evidence of a soldier
committing homosexual acts, the commander must consult with their trial counsel prior to
initiating any investigation. Prior to advising the commander to initiate an investigation
into alleged homosexual conduct, the Trial Counsel will involve the installation level
Staff Judge Advocate. Proper coordination and thorough documentation will be necessary to
proceed when administrative separation is required.
What Is Not Credible Evidence?
Rumors that a soldier is homosexual
Others opinions that a soldier is homosexual
Going to a homosexual bar, reading homosexual publications,
Associating with known homosexuals or marching in homosexual rights rally in civilian
clothes
Reporting threats or accusations of being homosexual
What Is Credible Evidence?
A statement by a reliable person that the soldier has engaged in a homosexual act, heard the soldier state that he or she was homosexual or that
the soldier had married or attempted to marry a member of the same sex
A statement by a reliable person that they had observed or discovered a soldier saying or putting in writing a statement acknowledging a homosexual
act or the intent to engage in a homosexual act
What Is Considered Grounds for Investigation?
Commanders can only begin an investigation or fact-finding
inquiry if credible evidence of possible homosexual conduct exists. This means that before
an investigation begins, a commander must have a reasonable belief that a soldier has:
engaged in a homosexual act;
stated that he or she is a homosexual or otherwise indicate
a propensity to engage in homosexual conduct; or
married or attempted to marry a person of the same sex
In most cases, when a soldier freely admits to being a
homosexual, investigations are not needed in order for a separation to occur. An admission
by a soldier that he or she is a homosexual creates the rebuttable presumption that the
soldier has an intent to engage in homosexual acts.
The challenge to all soldiers is to comply with the law
that prohibits homosexual conduct while at the same time respecting the privacy and
dignity of every soldier.
HARRASSMENT
In The Army…
Treating soldiers with dignity and respect is a bedrock
value for the Army. There is no room for harassment or threats in the military. The Army
is determined to implement the "Don't Ask, Don't Tell" Policy with fairness to
all concerned. This policy must be clearly understood and fairly enforced.
Zero tolerance for Harassment
Harassment is defined as: Derogatory, persistent
threatening or annoying behavior directed toward an individual or group. Commanders are
responsible for ensuring that no soldiers will be harassed on the basis of their perceived
or actual sexual orientation.
Possible types of harassment
-Verbal (on or off duty)
-Jody calls regarding homosexuals
-Derogatory language or references about homosexuals
-Graffiti in latrines, bulletin boards, etc.
-Anonymous threats; telephonic, electronic, etc
What Can I do If I Am Threatened or Harassed?
A soldier who feels harassed or threatened for any reason
should report the harassment or threat at once to his or her commander.
Under DoD and Army Policy, the fact that a person reports
being threatened or harassed because he or she is said or is perceived to be a homosexual
shall not, by itself, constitute credible information justifying the initiation of an
investigation of the threatened or harassed soldier.
It is Army policy that soldiers can report threats,
harassment or violence to the command, free of harm or reprisal. Commanders will take
appropriate action to protect the safety of soldiers who report threats or harassment.
Appropriate action should include prompt investigation of the threat or harassment itself.
Threats or harassment based on a soldier’s perceived
or alleged homosexuality do not, by themselves, constitute credible information justifying
an inquiry about possible homosexual conduct by the harassed soldier.
Who Can I Talk With in Confidentiality?
A soldier can discuss any topic regarding sexual
orientation with a Legal Assistance Attorney or Chaplain because they are generally not
required to disclose the contents of a privileged communication or take any actions, of
which the soldier does not approve.
The challenge to all soldiers is to comply with the law
that prohibits homosexual conduct while at the same time respecting the privacy and
dignity of every soldier.
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