GUIDANCE ON DADT POST REPEAL EXPECTATIONS

UNCLASSIFIED//

ATTENTION INVITED TO  

PRIORITY

P 200402Z SEP 11 PSN 940610K20

FM CNO WASHINGTON DC

TO NAVADMIN
ZEN//OU=DOD/OU=NAVY/OU=ADDRESS LISTS(UC)/CN=AL NAVADMIN(UC)

INFO ZEN/CNO WASHINGTON DC

BT
UNCLAS

***THIS IS A 2 SECTION MESSAGE COLLATED BY DMDS***

QQQQ

SUBJ: GUIDANCE ON DADT POST REPEAL EXPECTATIONS UNCLASSIFIED// PASS TO ALL 
OFFICE CODES:
FM CNO WASHINGTON DC//N09//
TO NAVADMIN
UNCLAS
NAVADMIN 272/11

MSGID/GENADMIN/CNO WASHINGTON DC/N00/SEP//

SUBJ/GUIDANCE ON DADT POST REPEAL EXPECTATIONS//



REF/A/MSG/CNO WASHINGTON DC/200401ZSEP11//

AMPN/REF A IS NAVADMIN 271/11 CNO GUIDANCE ON DADT POST REPEAL EXPECTATIONS.//

RMKS/1.  THIS NAVADMIN PROVIDES AMPLIFYING GUIDANCE INCIDENT TO THE REPEAL OF 
654 OF TITLE 10, KNOWN AS 'DON'T ASK, DON'T TELL'(DADT).

2.  THE FOLLOWING REVISIONS TO INSTRUCTIONS AND MILPERSMAN ARTICLES ARE 
AUTHORIZED TO BE ISSUED UPON RECEIPT OF THIS MESSAGE:
    A.  SECNAVINST 1920.6C - ADMINISTRATIVE SEPARATION OF OFFICERS
    B.  OPNAVINST 1100.4C - JOINT MEPS MANUAL
    C.  OPNAVINST 5354.1F - NAVY EO POLICY
    D.  BUPERSINST 1900.8D - DD214S
    E.  MILPERSMAN ARTICLE 1160-031 - REQUIRED COUNSELING UPON ENLISTMENT OR   
REENLISTMENT
    F.  MILPERSMAN ARTICLE 1900-010 - ADMINISTRATIVE SEPARATION PROCESSING
        LIST OF DEFINITIONS
    G.  MILPERSMAN ARTICLE 1910-144 - SEPARATION BY REASON OF
        MISCONDUCT
    H.  MILPERSMAN ARTICLE 1910-148 - CANCELLED. SEPARATION OF
        ENLISTED
        SERVICE MEMBERS BY REASON OF HOMOSEXUAL CONDUCT
    I.  MILPERSMAN ARTICLE 1910-233 - MANDATORY SEPARATION
        PROCESSING
    J.  MILPERSMAN ARTICLE 1910-516 - RECORD OF PROCEEDINGS FOR
        ADSEP
    K.  MILPERSMAN ARTICLE 1910-518 - FINDINGS AND RECOMMENDATIONS

3.  THE FOLLOWING SUMMARIZES KEY POLICY ISSUES INCIDENT TO REPEAL:
    A.  ADMINISTRATIVE SEPARATIONS.  EFFECTIVE THIS DATE, DOD AND
        NAVY DIRECTIVES ARE AMENDED SO AS TO ELIMINATE HOMOSEXUAL
        CONDUCT AS A BASIS OF ADMINISTRATIVE SEPARATION.
    B.  ACCESSIONS AND RECRUITING.  SEXUAL ORIENTATION WILL NOT BE CONSIDERED 
AS A BAR TO MILITARY SERVICE OR ADMISSION TO SERVICE  ACADEMIES, ROTC OR ANY 
ACCESSION PROGRAM.  SEXUAL ORIENTATION WILL CONTINUE TO BE A PERSONAL AND 
PRIVATE MATTER.  APPLICANTS FOR ENLISTMENT OR APPOINTMENT MAY NOT BE ASKED, 
NOR BE REQUIRED TO REVEAL, THEIR SEXUAL ORIENTATION.
    C.  RE-ACCESSIONS.  FORMER SAILORS WHO WERE DISCHARGED SOLELY UNDER 10 
U.S.C. 654 AND ITS IMPLEMENTING REGULATIONS MAY APPLY TO REENTER THE NAVY. 
THEY WILL BE EVALUATED ACCORDING TO THE SAME CRITERIA AND SERVICE REQUIREMENTS 
APPLICABLE TO ALL PRIOR-SERVICE MEMBERS SEEKING REENTRY INTO THE NAVY.  THEY 
WILL BE PROCESSED AS ANY OTHER RE-ACCESSION APPLICANT ON A CASE-BY-CASE BASIS 
UNDER NAVY POLICY.  FORMER SERVICE MEMBERS WHO WERE SEPARATED FOR HOMOSEXUAL 
CONDUCT WITH AN HONORABLE DISCHARGE SHALL BE CONSIDERED FOR RE-ENTRY ACCORDING 
TO THE MOST FAVORABLE RE-ENTRY CLASSIFICATION.
    D.  STANDARDS OF CONDUCT.  EXISTING NAVY STANDARDS OF CONDUCT SHALL 
CONTINUE TO APPLY TO ALL SAILORS REGARDLESS OF SEXUAL ORIENTATION.  
ENFORCEMENT OF STANDARDS, INCLUDING THOSE RELATED TO PUBLIC DISPLAYS OF 
AFFECTION, DRESS AND APPEARANCE, AND FRATERNIZATION, WILL BE SEXUAL 
ORIENTATION NEUTRAL.  ALL MEMBERS ARE RESPONSIBLE FOR UPHOLDING AND 
MAINTAINING THE HIGH STANDARDS OF THE U.S. NAVY AT ALL TIMES AND IN ALL 
PLACES.  LEADERS AT ALL LEVELS ARE ENTRUSTED TO ENSURE THE IMPARTIAL 
ADMINISTRATION OF THESE STANDARDS.
    E.  FREEDOM OF EXPRESSION/MORAL AND RELIGIOUS BELIEFS. CURRENT POLICY 
UPHOLDS THE RIGHTS OF SERVICE MEMBERS TO THEIR PERSONAL VIEWS AND RELIGIOUS 
BELIEFS, WHILE RECOGNIZING THE RESPONSIBILITY TO TREAT WITH DIGNITY AND 
RESPECT THOSE OF DIFFERENT VIEWS AND BELIEFS.  IN ACCORDANCE WITH CURRENT 
POLICIES, CHAPLAINS ARE NOT REQUIRED TO PERFORM A RELIGIOUS ROLE IN WORSHIP 
SERVICES, COMMAND CEREMONIES, OR OTHER EVENTS, IF DOING SO WOULD BE IN 
VARIANCE WITH THE TENENTS OR PRACTICES OF THEIR FAITH. CHAPLAINS HAVE THE 
RESPONSIBILITY TO CONTINUE TO CARE FOR ALL SERVICE MEMBERS, FACILITATE THE 
RELIGIOUS REQUIREMENTS OF PERSONNEL OF ALL FAITHS, PROVIDE FAITH-SPECIFIC 
MINISTRIES AND ADVISE THE COMMAND.
    F.  EQUAL OPPORTUNITY.  ALL SAILORS, REGARDLESS OF SEXUAL ORIENTATION, ARE 
ENTITLED TO AN ENVIRONMENT FREE FROM PERSONAL, SOCIAL, OR INSTITUTIONAL 
BARRIERS THAT PREVENT THEM FROM RISING TO THE HIGHEST LEVELS OF RESPONSIBILITY 
BASED ON THEIR DEMONSTRATED PERFORMANCE.  HARASSMENT OR ABUSE BASED ON SEXUAL 
ORIENTATION IS UNACCEPTABLE AND MUST BE REPORTED TO THE CHAIN OF COMMAND OR 
THE INSPECTOR GENERAL.  WHILE SEXUAL ORIENTATION IS NOT CONSIDERED A PROTECTED 
CLASS UNDER THE MILITARY EQUAL OPPORTUNITY (MEO) PROGRAM, IT IS A FUNDAMENTAL 
RESPONSIBILITY OF COMMANDERS TO MAINTAIN A PROFESSIONAL ENVIRONMENT FREE OF 
HARASSMENT OR BIAS FOR ALL.
    G.  COLLECTION AND RETENTION OF SEXUAL ORIENTATION DATA.
COMMANDS ARE NOT AUTHORIZED TO REQUEST, COLLECT, OR MAINTAIN INFORMATION ABOUT 
THE SEXUAL ORIENTATION OF SAILORS EXCEPT WHEN IT IS AN ESSENTIAL PART OF AN 
OTHERWISE APPROPRIATE AND AUTHORIZED INVESTIGATION OR OTHER OFFICIAL ACTION.
    H.  PERSONAL PRIVACY.  CONSISTENT WITH CURRENT POLICY, COMMANDERS WILL 
CONTINUE TO ASSIGN BERTHING OR BILLETING IN ACCORDANCE WITH EXISTING 
DIRECTIVES.  COMMANDERS WILL NOT ESTABLISH POLICIES OR PRACTICES THAT RESULT 
IN THE CREATION OF SEPARATE BATHROOM FACILITIES OR LIVING QUARTERS BASED ON 
SEXUAL ORIENTATION.
    I.  BENEFITS.  THERE ARE NO CHANGES TO ELIGIBILITY STANDARDS FOR MILITARY 
BENEFITS, INCLUDING APPLICABLE DEFINITIONS.  THE DEFENSE OF  MARRIAGE ACT (1 
U.S.C. 7) AND THE DEFINITION OF "DEPENDENT" IN SOME LAWS PROHIBIT EXTENSION OF 
MANY MILITARY BENEFITS, SUCH AS MEDICAL CARE, TRAVEL AND HOUSING ALLOWANCES TO 
SAME-SEX PARTNERS.  SAILORS MAY DESIGNATE BENEFICIARIES IN ACCORDANCE WITH THE 
RULES GOVERNING EACH PROGRAM FOR BENEFITS SUCH AS SGLI, AND THE THRIFT SAVINGS 
PLAN.
IT IS IMPORTANT TO NOTE THAT SAME-SEX PARTNERS NOT ALSO EMPLOYED BY DOD OR IN 
A CONTRACTOR STATUS ARE NOT COVERED BY SOFA AGREEMENTS, OR ENTITLED TO 
OFFICIAL PASSPORTS, OR COMMAND SPONSORSHIP.
    J.  DUTY ASSIGNMENT.  CURRENT ASSIGNMENT POLICIES REMAIN IN EFFECT.  ALL 
SAILORS WILL CONTINUE TO BE ELIGIBLE FOR WORLD-WIDE ASSIGNMENT WITHOUT 
CONSIDERATION OF SEXUAL ORIENTATION.  CERTAIN HOST NATIONS MAY HAVE CULTURAL 
ATTITUDES AND LEGAL DISTINCTIONS REGARDING GAY/LESBIAN CONDUCT.  OVERSEAS 
COMMANDERS SHALL ENSURE THAT INFORMATION ON HOST NATION CULTURAL SENSITIVITIES 
AND RELEVANT QQQQ LAWS AND REGULATIONS GOVERNING SERVICE MEMBER CONDUCT IS 
PROVIDED TO ALL SERVICE MEMBERS DURING WELCOME ABOARD BRIEFS. SAILORS MAY 
OBTAIN ADDITIONAL COUNTRY-SPECIFIC INFORMATION FROM THE U.S. STATE DEPARTMENT 
WEBSITE AT WWW.STATE.GOV UNDER 'TRAVEL INFORMATION' PRIOR TO A PCS MOVE 
OCONUS.
    K.  RELEASE FROM SERVICE COMMITMENT.  REQUESTS FOR EARLY DISCHARGE BASED 
ON OPPOSITION TO REPEAL OF 10 U.S.C. 654 OR TO SERVING WITH GAY AND LESBIAN 
SAILORS WILL NOT BE APPROVED AS A ATTER OF POLICY.

4.  FOR COMMANDING OFFICERS:  COMMANDERS ARE ENCOURAGED TO SEEK GUIDANCE FROM 
THE CHAIN OF COMMAND OR THEIR COMMAND LEGAL COUNSEL CONCERNING POLICY OR LEGAL 
ISSUES.  SPECIFIC POLICY GUIDANCE ISSUES MAY BE ADDRESSED TO CAPTAIN JANET 
BRISTOL IN OPNAV N13 AT JANET.BRISTOL@NAVY.MIL  PHONE: (703) 695-9385/614-5571 
OR CDR JOSE HERNANDEZ AT JOSE.G.HERNANDEZ@NAVY.MIL  PHONE:  (703) 614-5415.
NAVY'S DADT REPEAL WEBSITE HAS MOVED FROM THE U.S. FLEET FORCES COMMAND 
HOMEPAGE TO THE NAVY PERSONNEL COMMAND HOMEPAGE AT 
HTTP://WWW.PUBLIC.NAVY.MIL/BUPERS-NPC/SUPPORT/DADT/PAGES/DEF
AULT.ASPX

5.  I HAVE BEEN IMPRESSED WITH THE CONDUCT AND PROFESSIONALISM OF THE FORCE 
THROUGHOUT THIS PROCESS AND AM CONFIDENT WE WILL SUCCESSFULLY EXECUTE THIS 
TRANSITION.

6.  RELEASED BY ADMIRAL M. FERGUSON, VICE CHIEF OF NAVAL OPERATIONS.//

BT
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UNCLASSIFIED//

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