UNCLASSIFIED//

ROUTINE

R 222041Z OCT 10

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TO NAVADMIN
AL NAVADMIN

INFO CNO WASHINGTON DC

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NAVADMIN 347/10

MSGID/GENADMIN/CNO WASHINGTON DC/NOO/OCT//

SUBJ/UPDATED GUIDANCE ON DON'T ASK DON'T TELL FOLLOWING COURT OF APPEALS 
RULING//

REF/A/DOC/NAVADMIN 346/10/20OCT2010//

REF/B/DOC/USCA 9THCIR/20OCT2010//

REF/C/DOC/SECDEF/21OCT2010//

REF/D/DOC/USD(P&R)SECDEF/21OCT2010//

NARR/REF A IS GUIDANCE FOLLOWING FEDERAL DISTRICT COURT 12OCT2010 JUDGMENT AND 
INJUNCTION IN THE CASE LOG CABIN REPUBLICANS V. US.
REF B IS FEDERAL COURT OF APPEALS TEMPORARY STAY OF THE INJUNCTION.
REF C IS SECRETARY OF DEFENSE MEMORANDUM FOR SECRETARIES OF THE MILITARY 
DEPARTMENTS, UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS, GENERAL 
COUNSEL OF DEPARTMENT OF DEFENSE.  REF D IS UNDER SECRETARY OF DEFENSE 
MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS.//

RMKS/1.  THIS MESSAGE SUPERSEDES REF A, AND PROVIDES UPDATED GUIDANCE ON 
APPLICATION OF THE DON'T ASK DON'T TELL STATUTE AND POLICY WITHIN THE NAVY.  
EFFECTIVE IMMEDIATELY, NAVY COMMANDS WILL RESUME COMPLIANCE WITH DOD AND NAVY 
REGULATIONS IMPLEMENTING DON'T ASK DON'T TELL, AS MODIFIED BY DIRECTION FROM 
THE SECRETARY OF DEFENSE NOTED IN PARA 3.

2.  IN REF B, A FEDERAL 9TH CIRCUIT COURT OF APPEALS PANEL ISSUED A TEMPORARY 
STAY OF THE DISTRICT COURT INJUNCTION THAT HAD PROHIBITED ENFORCEMENT OR 
APPLICATION OF SECTION 654 OF TITLE 10, UNITED STATES CODE, COMMONLY KNOWN AS 
DON'T ASK DON'T TELL.  THE STAY IS TEMPORARY , AND THE DEPARTMENT OF JUSTICE 
IS SEEKING TO HAVE IT EXTENDED FOR THE ENTIRE TIME THAT THE CASE IS ON APPEAL.  
THIS MEANS THAT AT THE PRESENT TIME COMPLIANCE WITH THE INJUNCTION IS NOT 
REQUIRED, AND THE DON'T ASK DON'T TELL LAW AND POLICY ARE BACK IN FORCE AND 
EFFECT.  INVESTIGATIONS AND ADMINISTRATIVE PROCEEDINGS IN SUBSTANTIATED CASES 
MAY CONTINUE IN COMPLIANCE WITH EXISTING DIRECTIVES AND INSTRUCTIONS, WITH ONE 
EXCEPTION, AS NOTED BELOW IN PARA 3.  ANY CHANGE OR UPDATE TO THE CURRENT 
STATUS WILL BE PUBLISHED BY FUTURE NAVADMIN.

3.  PER REF C, IN LIGHT OF THE COURT RULINGS AND TO FURTHER ENSURE UNIFORMITY 
AND CARE IN THE ENFORCEMENT OF THE DON'T ASK, DON'T TELL LAW AND POLICY, THE 
SECRETARY OF DEFENSE DIRECTED THAT NO MILITARY MEMBER BE SEPARATED PURSUANT TO 
10 U.S.C. 654 WITHOUT THE PERSONAL APPROVAL OF THE SECRETARY OF THE MILITARY 
DEPARTMENT CONCERNED, IN COORDINATION WITH THE UNDER SECRETARY OF DEFENSE FOR 
PERSONNEL AND READINESS AND THE GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE.  
THE CHIEF OF NAVAL PERSONNEL WILL ENSURE IMPLEMENTATION OF THIS CHANGE WITHIN 
THE NAVY, WHICH PERTAINS ONLY TO THE FINAL DECISION TO SEPARATE A SERVICE 
MEMBER.

4.  IN REF D, THE UNDER SECRETARY OF DEFENSE (PERSONNEL AND
READINESS) ISSUED THE FOLLOWING STATEMENT:  "WE NOTE AGAIN FOR SERVICEMEMBERS, 
THAT ALTERING THEIR PERSONAL CONDUCT DURING THIS PERIOD, IN REACTION TO LAST 
WEEK'S INJUNCTION, MAY HAVE ADVERSE CONSEQUENCES FOR THEMSELVES OR OTHERS 
DEPENDING UPON THE STATE OF THE LAW.  I ALSO EMPHASIZE AGAIN, THAT IT REMAINS 
THE POLICY OF THE DEPARTMENT OF DEFENSE NOT TO ASK SERVICEMEMBERS OR 
APPLICANTS ABOUT THEIR SEXUAL ORIENTATION, TO TREAT ALL MEMBERS WITH DIGNITY 
AND RESPECT, AND TO ENSURE MAINTENANCE OF GOOD ORDER AND DISCIPLINE."

5.  QUESTIONS REGARDING APPLICATION OF THE DON'T ASK DON'T TELL LAW AND POLICY 
IN SPECIFIC CIRCUMSTANCES SHOULD CONTINUE TO BE ADDRESSED VIA THE CHAIN OF 
COMMAND TO THE APPROPRIATE COMMAND ECHELON HAVING A JUDGE ADVOCATE OR COUNSEL 
ASSIGNED.  SAILORS WITH SPECIFIC QUESTIONS REGARDING THEIR OWN SITUATION OR 
HOW THEY ARE AFFECTED BY CHANGES ANNOUNCED IN REF A AND THIS MESSAGE SHOULD 
CONTINUE TO BE IMMEDIATELY REFERRED TO THE NEAREST NAVAL LEGAL SERVICE OFFICE 
FOR ASSISTANCE.

6.  RELEASED BY ADMIRAL G. ROUGHEAD, CHIEF OF NAVAL OPERATIONS.

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