MILLINGTON, Tenn. – Navy officials announced adherence to Department of Defense (DoD) “Don’t Ask, Don’t Tell” regulations April 20.
The Secretary of Defense revised the rules regarding separations under the law March 25. NAVADMIN 137/10 summarizes the changes and provides guidance for processing open and future cases under the new regulations. The DoD implements the law in two instructions – DoD Instruction (DODI) 1332.14 for enlisted separations and DODI 1332.30 for officer separations. Changes to both instructions raise the level of the commander authorized to initiate inquiries and separation proceedings regarding homosexual conduct, revise what constitutes “credible information,” and specify certain categories of information that cannot be used for purposes of homosexual conduct.
“An 0-7 must now make the determination to initiate an inquiry or separation proceedings regarding homosexual conduct,” said Cmdr. Mark Holley, legal counsel for Navy Personnel Command. “Before the regulations changed, any commanding officer could initiate separation processing, but now the commander must be an admiral or above in the Sailor’s chain of command.”
According to Holley, the majority of homosexual conduct cases involve Sailors coming forward and requesting separation; however, in some cases, credible information is provided by a third party. In such cases an inquiry may be necessary. If the determination to conduct an inquiry is made, the officer appointed to conduct the inquiry must be at least an 0-5.
A member may still be separated if:
- He or she engages in, attempts to engage in, or solicits another to engage in a homosexual act,
- Makes a statement that he or she is homosexual,
- He or she marries or attempts to marry a person known to be of the same biological sex.
For more information, read the NAVADMIN by visiting the Navy Personnel Command Web site at www.npc.navy.mil and click on the messages link.