GUIDANCE ON DADT POST REPEAL EXPECTATIONS UNCLASSIFIED// PASS TO ALL OFFICE CODES: FM CNO WASHINGTON DC//N09// SUBJ/GUIDANCE ON DADT POST REPEAL EXPECTATIONS:
1 NAVADMINs are known that
refer back to this one:
UNCLASSIFIED//
ATTENTION INVITED TO
PRIORITY
P 200402Z SEP 11 PSN 940610K20
FM CNO WASHINGTON DC
TO NAVADMIN
ZEN//OU=DOD/OU=NAVY/OU=ADDRESS LISTS(UC)/CN=AL NAVADMIN(UC)
INFO ZEN/CNO WASHINGTON DC
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***THIS IS A 2 SECTION MESSAGE COLLATED BY DMDS***
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SUBJ: GUIDANCE ON DADT POST REPEAL EXPECTATIONS UNCLASSIFIED// PASS TO ALL
OFFICE CODES:
FM CNO WASHINGTON DC//N09//
TO NAVADMIN
UNCLAS
NAVADMIN 272/11
MSGID/GENADMIN/CNO WASHINGTON DC/N00/SEP//
SUBJ/GUIDANCE ON DADT POST REPEAL EXPECTATIONS//
REF/A/MSG/CNO WASHINGTON DC/200401ZSEP11//
AMPN/REF A IS NAVADMIN 271/11 CNO GUIDANCE ON DADT POST REPEAL EXPECTATIONS.//
RMKS/1. THIS NAVADMIN PROVIDES AMPLIFYING GUIDANCE INCIDENT TO THE REPEAL OF
654 OF TITLE 10, KNOWN AS 'DON'T ASK, DON'T TELL'(DADT).
2. THE FOLLOWING REVISIONS TO INSTRUCTIONS AND MILPERSMAN ARTICLES ARE
AUTHORIZED TO BE ISSUED UPON RECEIPT OF THIS MESSAGE:
A. SECNAVINST 1920.6C - ADMINISTRATIVE SEPARATION OF OFFICERS
B. OPNAVINST 1100.4C - JOINT MEPS MANUAL
C. OPNAVINST 5354.1F - NAVY EO POLICY
D. BUPERSINST 1900.8D - DD214S
E. MILPERSMAN ARTICLE 1160-031 - REQUIRED COUNSELING UPON ENLISTMENT OR
REENLISTMENT
F. MILPERSMAN ARTICLE 1900-010 - ADMINISTRATIVE SEPARATION PROCESSING
LIST OF DEFINITIONS
G. MILPERSMAN ARTICLE 1910-144 - SEPARATION BY REASON OF
MISCONDUCT
H. MILPERSMAN ARTICLE 1910-148 - CANCELLED. SEPARATION OF
ENLISTED
SERVICE MEMBERS BY REASON OF HOMOSEXUAL CONDUCT
I. MILPERSMAN ARTICLE 1910-233 - MANDATORY SEPARATION
PROCESSING
J. MILPERSMAN ARTICLE 1910-516 - RECORD OF PROCEEDINGS FOR
ADSEP
K. MILPERSMAN ARTICLE 1910-518 - FINDINGS AND RECOMMENDATIONS
3. THE FOLLOWING SUMMARIZES KEY POLICY ISSUES INCIDENT TO REPEAL:
A. ADMINISTRATIVE SEPARATIONS. EFFECTIVE THIS DATE, DOD AND
NAVY DIRECTIVES ARE AMENDED SO AS TO ELIMINATE HOMOSEXUAL
CONDUCT AS A BASIS OF ADMINISTRATIVE SEPARATION.
B. ACCESSIONS AND RECRUITING. SEXUAL ORIENTATION WILL NOT BE CONSIDERED
AS A BAR TO MILITARY SERVICE OR ADMISSION TO SERVICE ACADEMIES, ROTC OR ANY
ACCESSION PROGRAM. SEXUAL ORIENTATION WILL CONTINUE TO BE A PERSONAL AND
PRIVATE MATTER. APPLICANTS FOR ENLISTMENT OR APPOINTMENT MAY NOT BE ASKED,
NOR BE REQUIRED TO REVEAL, THEIR SEXUAL ORIENTATION.
C. RE-ACCESSIONS. FORMER SAILORS WHO WERE DISCHARGED SOLELY UNDER 10
U.S.C. 654 AND ITS IMPLEMENTING REGULATIONS MAY APPLY TO REENTER THE NAVY.
THEY WILL BE EVALUATED ACCORDING TO THE SAME CRITERIA AND SERVICE REQUIREMENTS
APPLICABLE TO ALL PRIOR-SERVICE MEMBERS SEEKING REENTRY INTO THE NAVY. THEY
WILL BE PROCESSED AS ANY OTHER RE-ACCESSION APPLICANT ON A CASE-BY-CASE BASIS
UNDER NAVY POLICY. FORMER SERVICE MEMBERS WHO WERE SEPARATED FOR HOMOSEXUAL
CONDUCT WITH AN HONORABLE DISCHARGE SHALL BE CONSIDERED FOR RE-ENTRY ACCORDING
TO THE MOST FAVORABLE RE-ENTRY CLASSIFICATION.
D. STANDARDS OF CONDUCT. EXISTING NAVY STANDARDS OF CONDUCT SHALL
CONTINUE TO APPLY TO ALL SAILORS REGARDLESS OF SEXUAL ORIENTATION.
ENFORCEMENT OF STANDARDS, INCLUDING THOSE RELATED TO PUBLIC DISPLAYS OF
AFFECTION, DRESS AND APPEARANCE, AND FRATERNIZATION, WILL BE SEXUAL
ORIENTATION NEUTRAL. ALL MEMBERS ARE RESPONSIBLE FOR UPHOLDING AND
MAINTAINING THE HIGH STANDARDS OF THE U.S. NAVY AT ALL TIMES AND IN ALL
PLACES. LEADERS AT ALL LEVELS ARE ENTRUSTED TO ENSURE THE IMPARTIAL
ADMINISTRATION OF THESE STANDARDS.
E. FREEDOM OF EXPRESSION/MORAL AND RELIGIOUS BELIEFS. CURRENT POLICY
UPHOLDS THE RIGHTS OF SERVICE MEMBERS TO THEIR PERSONAL VIEWS AND RELIGIOUS
BELIEFS, WHILE RECOGNIZING THE RESPONSIBILITY TO TREAT WITH DIGNITY AND
RESPECT THOSE OF DIFFERENT VIEWS AND BELIEFS. IN ACCORDANCE WITH CURRENT
POLICIES, CHAPLAINS ARE NOT REQUIRED TO PERFORM A RELIGIOUS ROLE IN WORSHIP
SERVICES, COMMAND CEREMONIES, OR OTHER EVENTS, IF DOING SO WOULD BE IN
VARIANCE WITH THE TENENTS OR PRACTICES OF THEIR FAITH. CHAPLAINS HAVE THE
RESPONSIBILITY TO CONTINUE TO CARE FOR ALL SERVICE MEMBERS, FACILITATE THE
RELIGIOUS REQUIREMENTS OF PERSONNEL OF ALL FAITHS, PROVIDE FAITH-SPECIFIC
MINISTRIES AND ADVISE THE COMMAND.
F. EQUAL OPPORTUNITY. ALL SAILORS, REGARDLESS OF SEXUAL ORIENTATION, ARE
ENTITLED TO AN ENVIRONMENT FREE FROM PERSONAL, SOCIAL, OR INSTITUTIONAL
BARRIERS THAT PREVENT THEM FROM RISING TO THE HIGHEST LEVELS OF RESPONSIBILITY
BASED ON THEIR DEMONSTRATED PERFORMANCE. HARASSMENT OR ABUSE BASED ON SEXUAL
ORIENTATION IS UNACCEPTABLE AND MUST BE REPORTED TO THE CHAIN OF COMMAND OR
THE INSPECTOR GENERAL. WHILE SEXUAL ORIENTATION IS NOT CONSIDERED A PROTECTED
CLASS UNDER THE MILITARY EQUAL OPPORTUNITY (MEO) PROGRAM, IT IS A FUNDAMENTAL
RESPONSIBILITY OF COMMANDERS TO MAINTAIN A PROFESSIONAL ENVIRONMENT FREE OF
HARASSMENT OR BIAS FOR ALL.
G. COLLECTION AND RETENTION OF SEXUAL ORIENTATION DATA.
COMMANDS ARE NOT AUTHORIZED TO REQUEST, COLLECT, OR MAINTAIN INFORMATION ABOUT
THE SEXUAL ORIENTATION OF SAILORS EXCEPT WHEN IT IS AN ESSENTIAL PART OF AN
OTHERWISE APPROPRIATE AND AUTHORIZED INVESTIGATION OR OTHER OFFICIAL ACTION.
H. PERSONAL PRIVACY. CONSISTENT WITH CURRENT POLICY, COMMANDERS WILL
CONTINUE TO ASSIGN BERTHING OR BILLETING IN ACCORDANCE WITH EXISTING
DIRECTIVES. COMMANDERS WILL NOT ESTABLISH POLICIES OR PRACTICES THAT RESULT
IN THE CREATION OF SEPARATE BATHROOM FACILITIES OR LIVING QUARTERS BASED ON
SEXUAL ORIENTATION.
I. BENEFITS. THERE ARE NO CHANGES TO ELIGIBILITY STANDARDS FOR MILITARY
BENEFITS, INCLUDING APPLICABLE DEFINITIONS. THE DEFENSE OF MARRIAGE ACT (1
U.S.C. 7) AND THE DEFINITION OF "DEPENDENT" IN SOME LAWS PROHIBIT EXTENSION OF
MANY MILITARY BENEFITS, SUCH AS MEDICAL CARE, TRAVEL AND HOUSING ALLOWANCES TO
SAME-SEX PARTNERS. SAILORS MAY DESIGNATE BENEFICIARIES IN ACCORDANCE WITH THE
RULES GOVERNING EACH PROGRAM FOR BENEFITS SUCH AS SGLI, AND THE THRIFT SAVINGS
PLAN.
IT IS IMPORTANT TO NOTE THAT SAME-SEX PARTNERS NOT ALSO EMPLOYED BY DOD OR IN
A CONTRACTOR STATUS ARE NOT COVERED BY SOFA AGREEMENTS, OR ENTITLED TO
OFFICIAL PASSPORTS, OR COMMAND SPONSORSHIP.
J. DUTY ASSIGNMENT. CURRENT ASSIGNMENT POLICIES REMAIN IN EFFECT. ALL
SAILORS WILL CONTINUE TO BE ELIGIBLE FOR WORLD-WIDE ASSIGNMENT WITHOUT
CONSIDERATION OF SEXUAL ORIENTATION. CERTAIN HOST NATIONS MAY HAVE CULTURAL
ATTITUDES AND LEGAL DISTINCTIONS REGARDING GAY/LESBIAN CONDUCT. OVERSEAS
COMMANDERS SHALL ENSURE THAT INFORMATION ON HOST NATION CULTURAL SENSITIVITIES
AND RELEVANT QQQQ LAWS AND REGULATIONS GOVERNING SERVICE MEMBER CONDUCT IS
PROVIDED TO ALL SERVICE MEMBERS DURING WELCOME ABOARD BRIEFS. SAILORS MAY
OBTAIN ADDITIONAL COUNTRY-SPECIFIC INFORMATION FROM THE U.S. STATE DEPARTMENT
WEBSITE AT WWW.STATE.GOV UNDER 'TRAVEL INFORMATION' PRIOR TO A PCS MOVE
OCONUS.
K. RELEASE FROM SERVICE COMMITMENT. REQUESTS FOR EARLY DISCHARGE BASED
ON OPPOSITION TO REPEAL OF 10 U.S.C. 654 OR TO SERVING WITH GAY AND LESBIAN
SAILORS WILL NOT BE APPROVED AS A ATTER OF POLICY.
4. FOR COMMANDING OFFICERS: COMMANDERS ARE ENCOURAGED TO SEEK GUIDANCE FROM
THE CHAIN OF COMMAND OR THEIR COMMAND LEGAL COUNSEL CONCERNING POLICY OR LEGAL
ISSUES. SPECIFIC POLICY GUIDANCE ISSUES MAY BE ADDRESSED TO CAPTAIN JANET
BRISTOL IN OPNAV N13 AT JANET.BRISTOL@NAVY.MIL PHONE: (703) 695-9385/614-5571
OR CDR JOSE HERNANDEZ AT JOSE.G.HERNANDEZ@NAVY.MIL PHONE: (703) 614-5415.
NAVY'S DADT REPEAL WEBSITE HAS MOVED FROM THE U.S. FLEET FORCES COMMAND
HOMEPAGE TO THE NAVY PERSONNEL COMMAND HOMEPAGE AT
HTTP://WWW.PUBLIC.NAVY.MIL/BUPERS-NPC/SUPPORT/DADT/PAGES/DEF
AULT.ASPX
5. I HAVE BEEN IMPRESSED WITH THE CONDUCT AND PROFESSIONALISM OF THE FORCE
THROUGHOUT THIS PROCESS AND AM CONFIDENT WE WILL SUCCESSFULLY EXECUTE THIS
TRANSITION.
6. RELEASED BY ADMIRAL M. FERGUSON, VICE CHIEF OF NAVAL OPERATIONS.//
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