ADMINISTRATIVE MESSAGE ROUTINE R 131430Z APR 00 ZYB MIN PSN 565329J30 FM CNO WASHINGTON DC //N1// TO NAVADMIN UNCLAS //N01000// NAVADMIN 094/00 MSGID/GENADMIN/N1// SUBJ/HOMOSEXUAL CONDUCT POLICY AND TRAINING REQUIREMENTS// REF/A/GENADMIN/CNO WASHINGTON DC/281833ZOCT99// REF/B/DOC/ASN (M&RA)/16FEB00/NOTAL// REF/C/DOC/10USC654// NARR/REF A IS NAVADMIN 291/99, CONTINUING GUIDANCE CONCERNING PROPER APPLICATION OF DOD HOMOSEXUAL CONDUCT POLICY. REF B PROVIDES THE DEFINITION OF A SUBSTANTIAL INVESTIGATION. REF C IS LAW CONCERNING HOMOSEXUALITY IN THE ARMED FORCES.// RMKS/1. REF A PROMULGATED CONTINUING GUIDANCE CONCERNING THE PROPER APPLICATION OF DOD HOMOSEXUAL CONDUCT POLICY AND REITERATED EXISTING POLICY REGARDING INVESTIGATION OF THREATS AGAINST OR HARASSMENT OF SERVICE MEMBERS ON THE BASIS OF ALLEGED HOMOSEXUALITY. CRITICAL TO FULL IMPLEMENTATION OF THIS POLICY IS THE UNDERSTANDING THAT HARASSMENT OF SERVICE MEMBERS FOR ANY REASON, TO INCLUDE ALLEGED OR PERCEIVED HOMOSEXUALITY, WILL NOT BE TOLERATED. 2. REF A ALSO REQUIRES ASSISTANT SECRETARY OF THE NAVY FOR MANPOWER AND RESERVE AFFAIRS (ASN(M&RA)) APPROVAL BEFORE A COMMANDING OFFICER CONDUCTS A SUBSTANTIAL INVESTIGATION WHERE THE MEMBER IS SUSPECTED OF MAKING A STATEMENT OF HOMOSEXUALITY TO AVOID A SERVICE OBLIGATION. REF B PROVIDED THE FOLLOWING CLARIFICATION OF WHAT DOES AND DOES NOT CONSTITUTE A SUBSTANTIAL INVESTIGATION: WHEN A COMMANDING OFFICER SUSPECTS THAT A SERVICE MEMBER HAS MADE AN ADMISSION OF HOMOSEXUALITY FOR THE SOLE PURPOSE OF SEEKING SEPARATION FROM THE NAVAL SERVICE TO AVOID A MILITARY OBLIGATION, INCLUDING, BUT NOT LIMITED TO, A DEPLOYMENT, EXERCISE OR ASSIGNMENT, AND THE COMMANDING OFFICER BELIEVES THAT THE MEMBER IS NOT A PERSON WHO ENGAGES IN, ATTEMPTS TO ENGAGE IN, OR INTENDS TO ENGAGE IN HOMOSEXUAL ACTS, THE COMMANDING OFFICER MAY CONDUCT THE FOLLOWING INQUIRY WHICH DOES NOT CONSTITUTE A SUBSTANTIAL INVESTIGATION AND DOES NOT REQUIRE ASN M&RA APPROVAL: ASK QUESTIONS OF THE SERVICE MEMBER WHO MADE THE HOMOSEXUAL ADMISSION CONCERNING THE SEXUAL ORIENTATION OF THE MEMBER AND THE REASON FOR SUCH ADMISSION, AND/OR WITNESSES TO WHOM THE ADMISSION WAS MADE, AND/OR INDIVIDUALS SUGGESTED BY THE SERVICE MEMBER FOR QUESTIONING, AND/OR THE SERVICE MEMBER'S IMMEDIATE SUPERVISORY CHAIN OF COMMAND. ANY QUESTIONS BEYOND THOSE DESCRIBED ABOVE SHOULD ONLY BE ASKED AFTER SECURING APPROVAL THROUGH CNPC AND CNP FROM ASN M&RA TO CONDUCT A SUBSTANTIAL INVESTIGATION. A COMMANDING OFFICER WHO DOES NOT REQUEST AUTHORITY TO CONDUCT A SUBSTANTIAL INVESTIGATION MAY PROCESS FOR ADMINISTRATIVE SEPARATION ANY MEMBER WHERE THERE IS CREDIBLE EVIDENCE THAT THE PERSON ENGAGED IN, ATTEMPTED TO ENGAGE IN, OR INTENDS TO ENGAGE IN, HOMOSEXUAL ACTS. IF A COMMANDING OFFICER DETERMINES THAT THE MEMBER IS NOT A PERSON WHO ENGAGES IN, ATTEMPTS TO ENGAGE IN, OR INTENDS TO ENGAGE IN, HOMOSEXUAL ACTS, THEN NO FURTHER PROCESSING IS REQUIRED AND THE MEMBER SHOULD BE EXPECTED TO PERFORM HIS/HER DUTIES. PER REF A, A COMMANDING OFFICER IS ENCOURAGED, WHENEVER POSSIBLE, TO CONSULT WITH SENIOR JUDGE ADVOCATES TO ENSURE CONSISTENT, FAIR APPLICATION OF HOMOSEXUAL CONDUCT POLICY. 3. REF C REQUIRES THAT ALL ACTIVE DUTY AND RESERVE PERSONNEL RECEIVE BRIEFINGS ON THE HOMOSEXUAL CONDUCT POLICY. ACTIVE DUTY ENLISTED PERSONNEL WILL BE BRIEFED AT THE TIME OF (OR WITHIN 14 DAYS AFTER) INITIAL ENTRANCE ON ACTIVE DUTY, AFTER COMPLETING SIX MONTHS OF ACTIVE DUTY, AND AT THE TIME OF REENLISTMENT. RESERVE ENLISTED PERSONNEL WILL BE BRIEFED UPON ENTRANCE INTO A DUTY STATUS WITH A RESERVE COMPONENT, AFTER THE MEMBER HAS COMPLETED RECRUIT TRAINING, AND AT THE TIME OF REENLISTMENT. OFFICERS WILL BE BRIEFED ON THE HOMOSEXUAL CONDUCT POLICY UPON INITIAL ENTRY INTO THE ARMED FORCES. REF A ADDS THE REQUIREMENT FOR HOMOSEXUAL CONDUCT POLICY TRAINING FOR COMMANDING OFFICERS, SUPERVISORS, JUDGE ADVOCATES, PARALEGALS, AND LAW ENFORCEMENT PERSONNEL. 4. THE FOLLOWING HOMOSEXUAL CONDUCT POLICY TRAINING PROGRAMS HAVE BEEN ESTABLISHED TO MEET TITLE 10 REQUIREMENT: A. INITIAL ACCESSIONS TRAINING FOR ENLISTED PERSONNEL IS CONDUCTED AT RECRUIT TRAINING COMMAND FOR ACTIVE DUTY, AND THE NON-PRIOR SERVICE ACCESSIONS COURSE (NPSAC) FOR RESERVES. ALL OFFICERS ARE BRIEFED ON THE POLICY DURING TRAINING AT NROTC UNITS, OFFICER CANDIDATE SCHOOL, OFFICER INDOCTRINATION SCHOOL, THE DIRECT COMMISSION OFFICER COURSE, AND THE NAVAL ACADEMY. B. TO SUPPORT FOLLOW-ON COMMAND LEVEL TRAINING REQUIREMENTS, CNET HAS INCORPORATED HOMOSEXUAL CONDUCT POLICY TRAINING INTO THE FY-00 ANNUAL GENERAL MILITARY TRAINING (GMT) LESSON "DEVELOPING AND BUILDING TRUST." RECEIVING THIS ANNUAL GMT LESSON ON THE DOD HOMOSEXUAL CONDUCT POLICY WILL FULFILL THE REQUIREMENT FOR BRIEFING THE POLICY UPON COMPLETION OF SIX MONTHS OF ACTIVE DUTY, AFTER RECRUIT TRAINING FOR RESERVE PERSONNEL, AND FOR SUPERVISOR TRAINING. THE GMT LESSON CAN ALSO BE USED TO BRIEF ALL PERSONNEL AT THE TIME OF REENLISTMENT. AT REENLISTMENT, ALL ENLISTED SERVICE MEMBERS MUST HAVE THE FOLLOWING PAGE 13 ENTRY MADE IN THEIR PERMANENT SERVICE RECORDS: "ON (DATE), IN ACCORDANCE WITH ARTICLE 137, UCMJ, AND SECTION 654 OF TITLE 10, UNITED STATES CODE, MEMBER ADVISED OF THE PROVISIONS OF THE UNIFORM CODE OF MILITARY JUSTICE, TYPES OF DISCHARGES AND THE RULES GOVERNING SEXUAL CONDUCT OF MEMBERS OF THE ARMED SERVICES, INCLUDING HOMOSEXUAL CONDUCT POLICY. COPIES OF THE UCMJ AND GMT ON SEXUAL CONDUCT POLICY, INCLUDING A DETAILED EXPLANATION OF THE HOMOSEXUAL CONDUCT POLICY, WERE MADE AVAILABLE TO MEMBER FOR PERSONAL EXAMINATION." THIS CHANGE WILL BE INCORPORATED IN THE NEXT REVISION TO THOSE SECTIONS OF MILPERSMAN, PASSMAN AND ENLISTED TRANSFER MANUAL THAT PERTAIN TO PAGE 13 ENTRIES AT REENLISTMENT. C. DISTRIBUTION OF THE "DEVELOPING AND BUILDING TRUST" LESSON, LOCATED IN THE FY-00 GMT TOPIC 3-2, BEGAN IN JANUARY 2000. THE LESSON PLAN CAN ALSO BE DOWNLOADED FROM THE CNET WEBSITE AT WWW.CNET.NAVY.MIL/CNET/GMT/GMTINDEX.HTML. ALL COMMANDS SHALL PROVIDE THIS LESSON, OR AT A MINIMUM THE SECTION PERTAINING TO DOD HOMOSEXUAL POLICY, TO ALL HANDS AS PART OF GMT AS SOON AS POSSIBLE AFTER RECEIPT OF THE TRAINING MATERIALS. THE IMPORTANCE OF ENSURING THAT EVERY SAILOR UNDERSTANDS THE DOD POLICY CANNOT BE OVEREMPHASIZED. FOR FURTHER INFORMATION ON THE GMT PROGRAM OR HOMOSEXUAL CONDUCT POLICY TRAINING REQUIREMENTS, CONTACT CAPT STEVE REYNOLDS, CNET LEAD 113, AT COM (850) 452-4816/922. 5. COMMANDING OFFICERS, PARALEGALS, AND JUDGE ADVOCATES WILL RECEIVE A TAILORED BRIEFING ON THE HOMOSEXUAL CONDUCT POLICY. THIS TRAINING WILL NORMALLY BE PROVIDED BY THE NAVAL JUSTICE SCHOOL AS PART OF BILLET-SPECIFIC TRAINING FOR THOSE ASSIGNMENTS. THE NAVAL JUSTICE SCHOOL AND ITS DETACHMENTS ALSO PROVIDE HOMOSEXUAL CONDUCT POLICY TRAINING FOR SENIOR OFFICERS IN ITS SENIOR OFFICER COURSE OFFERED APPROXIMATELY 2O TIMES A YEAR IN VARIOUS LOCATIONS THROUGHOUT THE WORLD. COMNAVRESFOR WILL INCLUDE THE HOMOSEXUAL CONDUCT POLICY BRIEFING AS PART OF ITS TRAINING PROGRAM FOR RESERVE ACTIVITY COMMANDING OFFICERS. NCIS WILL ENSURE THAT THE HOMOSEXUAL CONDUCT POLICY BRIEFING IS PROVIDED TO ALL NCIS AGENTS. FOR MORE INFORMATION ON NAVAL JUSTICE SCHOOL CLASS OFFERINGS, CONTACT THE REGISTRAR AT (401) 841-4513/3807, EXT 131/DSN 948. 6. RELEASED BY VADM N. R. RYAN, JR., N1.// BT