UNCLASSIFIED// ROUTINE R 222041Z OCT 10 FM CNO WASHINGTON DC TO NAVADMIN AL NAVADMIN INFO CNO WASHINGTON DC BT UNCLAS PASS TO OFFICE CODES: FM CNO WASHINGTON DC// TO NAVADMIN INFO CNO WASHINGTON DC// 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. BT #0001 NNNN