REVISIONS TO REGULATIONS GOVERNING SEPARATIONS BASED ON HOMOSEXUAL CONDUCT

UNCLASSIFIED//
ROUTINE
R 202118Z APR 10
BT
UNCLAS
PASS TO ALL OFFICE CODES:
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
INFO CNO WASHINGTON DC//N1//
NAVADMIN 137/10

MSGID/GENADMIN/CNO WASHINGTON DC/N1/APR//

SUBJ/REVISIONS TO REGULATIONS GOVERNING SEPARATIONS BASED ON HOMOSEXUAL 
CONDUCT//



REF/A/DOC/SECDEF/25MAR10//
REF/B/DOC/DODI 1332.14//
REF/C/DOC/DODI 1332.30//
REF/D/DOC/SECNAVINST 1920.6C//
REF/E/DOC/MILPERSMAN 1910-148//
REF/F/MSG/ALNAV 061843Z APR 10//

NARR/REF A IS SECDEF MEMO OF 25 MAR 10.  REF B IS THE DODINST 1332.14, 
REGARDING ENLISTED ADMINISTRATIVE SEPARATIONS.
REF C IS THE DODINST 1332.30, SEPARATION OF REGULAR AND RESERVE 
COMMISSIONED OFFICERS.  REF D IS THE SECNAVINST 1920.6C, ADMINISTRATIVE 
SEPARATION OF OFFICERS.  REF E IS THE MILPERSMAN 1910-148, ARTICLE 
GOVERNING SEPARATION OF ENLISTED MEMBERS.  REF F IS THE ALNAV 025/10, 
DIRECTING IMMEDIATE IMPLEMENTATION OF THE REVISIONS TO REFS B AND C, IN 
ACCORDANCE WITH PROCEDURES CONTAINED IN REF A.//

RMKS/1.  PER REF A, THE SECRETARY OF DEFENSE HAS REVISED REFS B AND C, 
THE IMPLEMENTING REGULATIONS FOR SEPARATIONS BASED ON HOMOSEXUAL 
CONDUCT.  THESE REVISIONS INCREASE THE REQUIRED SENIORITY OF THE 
COMMANDER AUTHORIZED TO INITIATE FACT-FINDING INQUIRIES, THE OFFICER 
APPOINTED TO CONDUCT A FACT-FINDING INQUIRY, AND THE FINAL SEPARATION 
AUTHORITY; REVISE THE GUIDANCE ON WHAT CONSTITUTES CREDIBLE INFORMATION 
NEEDED TO INITIATE A FACT-FINDING INQUIRY; AND IDENTIFY SPECIFIC 
CATEGORIES OF INFORMATION THAT CANNOT NORMALLY BE USED TO INITIATE OR 
OTHERWISE SUPPORT HOMOSEXUAL CONDUCT DISCHARGES.
THESE REVISIONS ARE EFFECTIVE IMMEDIATELY AND APPLY TO ALL OPEN AND 
FUTURE FACT-FINDING INQUIRIES AND SEPARATION PROCEEDINGS.  PURSUANT TO 
REF A, THE OFFICIAL BEFORE WHOM AN OPEN INQUIRY OR SEPARATION 
PROCEEDING IS PENDING SHALL EXAMINE THE CASE TO DETERMINE WHETHER IT IS 
BEING HANDLED IN A MANNER CONSISTENT WITH REVISED REFS B AND C AND TAKE 
ACTION TO COMPLY WITH THESE REVISIONS.

2.  DEPUTY CHIEF OF NAVAL PERSONELL REMAINS THE SHOW CAUSE AUTHORITY 
FOR ALL OFFICER SEPARATIONS, THEREFORE, THE PROCESSING OF PENDING 
OFFICER SEPARATION CASES BASED IN WHOLE OR IN PART ON HOMOSEXUAL 
CONDUCT SHALL BE TEMPORARILY HELD IN ABEYANCE AND THE COMMAND MUST 
CONTACT THE COMMANDER, NAVY PERSONNEL COMMAND (CNPC) POINT OF CONTACT
(POC) LISTED IN PARA 8 FOR FURTHER GUIDANCE AS TO HOW TO PROCEED.

3.  THE FOLLOWING GUIDANCE IS PROVIDED REGARDING THE PROCESSING OF 
ENLISTED SEPARATION CASES INVOLVING HOMOSEXUAL CONDUCT:
    A.  THE ADMINISTRATIVE PROCESSING OF ANY OPEN CASE SHALL BE 
TEMPORARILY HELD IN ABEYANCE UNTIL A COMMANDER IN THE SERVICE MEMBER'S 
CHAIN OF COMMAND, IN THE PAYGRADE OF REAR ADMIRAL (O-7) OR HIGHER, 
REVIEWS THE CASE, DETERMINES PROBABLE CAUSE FOR PROCESSING EXISTS UNDER 
REVISED REF B, AND DIRECTS PROCESSING TO CONTINUE.
    B.  ONGOING FACT-FINDING INQUIRIES SHALL BE TEMPORARILY HELD IN 
ABEYANCE AND THE COMMAND MUST CONTACT THE CNPC POC LISTED IN PARA 8 FOR 
FURTHER GUIDANCE REGARDING HOW TO PROCEED.
    C.  THE PROCESSING OF ANY CASE BASED ON THE RESULTS OF A FACT-
FINDING INQUIRY, INCLUDING INQUIRIES AUTHORIZED PRIOR TO
25 MARCH 2010, SHALL BE TEMPORARILY HELD IN ABEYANCE AND THE COMMAND 
MUST CONTACT THE CNPC POC LISTED IN PARA 8 FOR FURTHER GUIDANCE AS TO 
HOW TO PROCEED.

4.  FUTURE FACT-FINDING INQUIRIES MUST BE INITIATED BY A COMMANDER IN 
THE SERVICE MEMBER'S CHAIN OF COMMAND THAT SERVES IN THE PAYGRADE OF
O-7 OR HIGHER.  A FACT-FINDING INQUIRY CAN BE INITIATED ONLY IF THAT 
COMMANDER HAS RECEIVED CREDIBLE INFORMATION THAT A BASIS FOR DISCHARGE 
EXISTS UNDER REVISED REFS B OR C.  COMMANDERS SHALL CONSULT WITH THEIR 
STAFF JUDGE ADVOCATE OR THE NEAREST SERVICING REGION LEGAL SERVICE 
OFFICE PRIOR TO INITIATION OF A FACT-FINDING INQUIRY.

5.  WHEN A COMMANDING OFFICER (CO) RECEIVES INFORMATION OF A POTENTIAL 
CASE, THE FIRST STEP WILL BE A DETERMINATION WHETHER CREDIBLE 
INFORMATION THAT A BASIS FOR DISCHARGE EXISTS.  IF A CO DETERMINES THAT 
CREDIBLE EVIDENCE DOES NOT EXIST, THE MATTER SHOULD BE CLOSED AT THE 
COMMAND LEVEL.  IF THE CO DETERMINES THAT CREDIBLE INFORMATION EXISTS 
TO SUPPORT EITHER A FACT-FINDING INQUIRY OR PROCESSING FOR SEPARATION, 
THIS INFORMATION MUST BE FORWARDED TO A COMMANDER IN THE SERVICE 
MEMBER'S CHAIN OF COMMAND IN THE GRADE OF
O-7 OR HIGHER FOR THE DETERMINATION TO INITIATE A FACT-FINDING INQUIRY 
OR SEPARATION PROCESSING.  THE NEW LANGUAGE OF PARA 2(D) OF ENCL 5 TO 
REF B AND PARA 2(D) OF ENCL 8 OF REF C PROVIDES EXAMPLES OF WHEN 
CREDIBLE INFORMATION EXISTS.  NOTE THAT THE EXAMPLES PROVIDED ARE A 
NON-EXHAUSTIVE LIST OF POSSIBILITIES.  A STATEMENT MADE UNDER OATH IS 
NOT REQUIRED, BUT IS ONE FACTOR THAT A COMMANDER CAN USE IN DETERMINING 
WHETHER INFORMATION IS CREDIBLE.  ADDITIONALLY, PARA 2(E) OF ENCL (5) 
TO REF B AND PARA 2(E) OF ENCL 8 OF REF C PROVIDE A NON-EXHAUSTIVE LIST 
OF EXAMPLES OF RELIABLE PERSONS.

6.  CNPC REMAINS THE SEPARATION AUTHORITY FOR ALL CASES PROCESSED IN 
WHOLE, OR IN PART, ON THE BASIS OF HOMOSEXUAL CONDUCT.  THE WAIVERS 
PROVIDED IN REFS C AND F ARE NOT AUTHORIZED UNLESS DIRECTED BY CNPC.

7.  THESE REVISIONS WILL BE INCORPORATED INTO REFS D AND E NO LATER 
THAN 24 APRIL 2010.  REFS A THROUGH C ARE POSTED ON THE FOLLOWING 
WEBSITES, RESPECTIVELY:
HTTPS://WWW.NPC.NAVY.MIL/NR/RDONLYRES/B3138CA6-A473-4C21-A6A3-
EBFCECEAC67E/0/REVISIONSTOREGULATIONSIMPLEMENTING10USC654.PDF; AND 
HTTP://WWW.DTIC.MIL/WHS/DIRECTIVES/.

8.  POINT OF CONTACT:
- CDR M. C. HOLLEY, JAGC, NPC PERS-00J, AT (901) 874-3166/DSN 882, OR 
EMAIL AT MARK.HOLLEY(AT)NAVY.MIL.

9.  RELEASED BY VADM MARK FERGUSON, N1.  MINIMIZE CONSIDERED.//

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