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ADMINISTRATIVE MESSAGE

ROUTINE

R 281833Z OCT 99 ZYB MIN PSN 792903J30

FM CNO WASHINGTON DC//N1//

TO NAVADMIN

UNCLAS //N01910//
NAVADMIN 291/99

MSGID/GENADMIN/NPC-06//

SUBJ/CONTINUING GUIDANCE CONCERNING PROPER APPLICATION OF DOD
/HOMOSEXUAL CONDUCT POLICY//

REF/A/DOC/10USC654/30NOV93//

REF/B/DOC/DODDIRECTIVE1332.30/14MAR97//

REF/C/DOC/DODDIRECTIVE1332.14/4MAR94//

REF/D/DOC/SECNAVINST1910.4B/29MAY96//

REF/E/DOC/NAVMILPERSMAN/12DEC97//

REF/F/MSG/CNO WASHINGTON DC/010300ZMAR94//

REF/G/MSG/CNO WASHINGTON DC/251253ZJUN99//

REF/H/DOC/OSD MEMO/12AUG99//

REF/I/DOC/OSD MEMO/12AUG99//

NARR/REF A IS 10 USC 654 POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES; REF B IS DOD DIRECTIVE 1332.30 SEPARATION OF
REGULAR AND RESERVE COMMISSIONED OFFICERS; REF C IS DOD DIRECTIVE
1332.14 ENLISTED ADMINISTRATIVE SEPARATIONS; REF D IS SECNAV
INSTRUCTION 1910.4B ENLISTED ADMINISTRATIVE SEPARATIONS; REF E IS
NAVAL MILITARY PERSONNEL MANUAL, ARTICLE 1910-148 OF WHICH
PERTAINS TO SEPARATION BY REASON OF HOMOSEXUAL CONDUCT; REF F IS
NAVADMIN 033/94 IMPLEMENTATION OF DOD POLICY ON HOMOSEXUAL
CONDUCT; REF G IS NAVADMIN 176/99 REVISED EQUAL OPPORTUNITY AND
SEXUAL HARASSMENT/SITREP REPORTING REQUIREMENTS; REF H IS OSD
MEMO ON GUIDELINES FOR INVESTIGATING THREATS AGAINST OR
HARASSMENT OF SERVICE MEMBERS BASED ON ALLEGED HOMOSEXUALITY; REF
I IS OSD MEMO ON IMPLEMENTATION OF RECOMMENDATIONS CONCERNING
HOMOSEXUAL CONDUCT POLICY//

RMKS/1. ON 28 FEB 94, THE SECRETARY OF DEFENSE ORDERED
IMPLEMENTATION OF ADDITIONAL POLICY CONCERNING HOMOSEXUAL
CONDUCT IN THE ARMED SERVICES AS MANDATED BY REF A. REFS B
THROUGH E PROMULGATED THIS POLICY. REF F PROVIDED COMPREHENSIVE
AND DETAILED GUIDANCE CONCERNING ESSENTIAL ELEMENTS OF THIS
POLICY WHICH REMAINS UNCHANGED. REF G PERTAINS TO SITREP
REPORTING REQUIREMENTS. PER REF H, PARAS 3 TO 5 OF THIS MSG
REISSUE GUIDANCE CONCERNING INVESTIGATING THREATS AGAINST OR
HARASSMENT OF SERVICEMEMBERS BASED ON ALLEGED HOMOSEXUALITY. PER
REF I, AND PENDING FINAL APPROVAL BY OSD, PARAS 6 TO 8 OF THIS
MSG ISSUE NEW INTERIM GUIDANCE ON AUTHORIZATION OF CERTAIN
INVESTIGATIONS FOR HOMOSEXUAL CONDUCT.

2. TODAY'S NAVY/MARINE CORPS TEAM IS COMPOSED OF DIVERSE
INDIVIDUALS FROM EVERY PART OF THE UNITED STATES. RESPECT FOR THE
INDIVIDUAL IS PARAMOUNT. COMMANDING OFFICERS MUST NOT CONDONE
HOMOSEXUAL JOKES, EPITHETS, OR DEROGATORY COMMENTS, AND MUST ENSURE A
COMMAND CLIMATE THAT FOSTERS RESPECT FOR ALL INDIVIDUALS. REF G
EXPLAINS REPORTING REQUIREMENTS FOR COMPLAINTS OF SEXUAL HARASSMENT.

3. PER REF H, THIS NAVADMIN REITERATES EXISTING POLICY REGARDING
INVESTIGATION OF THREATS AGAINST OR HARASSMENT OF SERVICE
MEMBERS ON BASIS OF ALLEGED HOMOSEXUALITY. SERVICEMEMBERS
SHOULD BE ABLE TO REPORT CRIMES AND HARASSMENT FREE FROM FEAR OF
HARM, REPRISAL, OR INAPPROPRIATE OR INADEQUATE GOVERNMENTAL
RESPONSE. WHEN A MEMBER REPORTS INCIDENTS OF THREATS OR
HARASSMENT, THE COMMANDING OFFICER MUST TAKE IMMEDIATE STEPS TO
PROTECT THE SAFETY OF THE VICTIM, TO STOP OFFENSIVE OR
THREATENING BEHAVIOR, AND TO HOLD THOSE RESPONSIBLE FOR
THREATENING OR HARASSING CONDUCT ACCOUNTABLE FOR THEIR ACTIONS.
A COMMANDER MAY INITIATE AN INVESTIGATION INTO ALLEGED HOMOSEXUAL
CONDUCT ONLY UPON RECEIPT OF CREDIBLE INFORMATION OF SUCH
CONDUCT. THE FACT THAT A SERVICEMEMBER REPORTS BEING THREATENED
OR HARASSED BECAUSE HE OR SHE IS SAID OR PERCEIVED TO BE A
HOMOSEXUAL SHALL NOT, BY ITSELF, CONSTITUTE CREDIBLE INFORMATION
JUSTIFYING INITIATION OF AN INVESTIGATION OF THE THREATENED
OR HARASSED SERVICEMEMBER. THE REPORT OF A THREAT OR HARASSMENT
SHOULD RESULT IN PROMPT INVESTIGATION OF THE THREAT OR
HARASSMENT ITSELF. INVESTIGATORS SHOULD NOT SOLICIT ALLEGATIONS
CONCERNING SEXUAL ORIENTATION OR HOMOSEXUAL CONDUCT OF THE
THREATENED OR HARASSED PERSON. IF, DURING THE COURSE OF AN
INVESTIGATION, INFORMATION IS RECEIVED THAT THE SERVICEMEMBER HAS
ENGAGED IN HOMOSEXUAL CONDUCT, COMMANDERS SHALL CAREFULLY
CONSIDER THE SOURCE OF THAT INFORMATION AND THE CIRCUMSTANCES
UNDER WHICH IT WAS PROVIDED IN ASSESSING ITS CREDIBILITY. SUCH
INFORMATION DOES NOT NEGATE THE NEED TO INVESTIGATE THE ALLEGED
HARASSER.

4. HOMOSEXUAL CONDUCT IS GROUNDS FOR ADMINISTRATIVE SEPARATION
ONLY IF SERVICEMEMBER'S COMMANDING OFFICER HAS RECEIVED
CREDIBLE EVIDENCE OF SUCH CONDUCT. RESPONSIBILITY TO
DETERMINE WHETHER EVIDENCE IS CREDIBLE REMAINS EXCLUSIVELY WITH
THE COMMANDING OFFICER. CREDIBLE EVIDENCE IS INFORMATION WHICH
SUPPORTS A REASONABLE BELIEF THAT A SERVICEMEMBER HAS MADE A
HOMOSEXUAL STATEMENT, ENGAGED, OR ATTEMPTED TO ENGAGE, IN A
HOMOSEXUAL ACT, OR ENTERED INTO, OR ATTEMPTED TO ENTER INTO, A
HOMOSEXUAL MARRIAGE, AS DEFINED AND PROHIBITED IN REF B THROUGH
E. IN SHORT, IT IS RELIABLE EVIDENCE FROM A TRUSTWORTHY
INDIVIDUAL WHO HAS FIRST-HAND KNOWLEDGE OF FACTS AND
CIRCUMSTANCES SURROUNDING THE ALLEGED ACTIVITY OR STATEMENT. IT
MAY ALSO CONSIST OF DOCUMENTS OR OTHER EVIDENCE THAT IS OBTAINED
FROM A RELIABLE SOURCE. CREDIBLE EVIDENCE IS NOT BASED ON RUMOR,
HEARSAY, OR SUSPICION.

5. IF THE COMMANDING OFFICER QUESTIONS THE CREDIBILITY OF
EVIDENCE OF HOMOSEXUAL CONDUCT OR SINCERITY OF AN INDIVIDUAL
MAKING AN ADMISSION OF HOMOSEXUALITY, A FACT-FINDING
INVESTIGATION MAY BE NECESSARY. AN INVESTIGATION IS NOT
MANDATORY AND ONLY A COMMANDING OFFICER CAN AUTHORIZE IT.
SOLE PURPOSE OF AN INVESTIGATION IS TO UNCOVER FURTHER
INFORMATION TO ASSIST THE COMMANDING OFFICER IN DETERMINING
WHETHER THE ALLEGED HOMOSEXUAL CONDUCT ACTUALLY OCCURRED.
INVESTIGATION SHOULD GATHER ALL RELEVANT INFORMATION THAT
DIRECTLY RELATES TO GROUNDS FOR POSSIBLE SEPARATION.
INVESTIGATIONS SHOULD BE LIMITED TO FACTUAL CIRCUMSTANCES
DIRECTLY RELATED TO SPECIFIC ALLEGATIONS.

6. PER REF I, BEFORE A COMMANDING OFFICER AUTHORIZES AN
INVESTIGATION CONCERNING ALLEGED HOMOSEXUAL CONDUCT -- TO ENSURE
CORRECT APPLICATION OF HOMOSEXUAL CONDUCT POLICY UNDER EXISTING
STATUTORY AND REGULATORY STANDARDS AND TO PROVIDE COMMANDING
OFFICERS WITH CONSISTENT, FAIR, AND APPROPRIATE ADVICE CONCERNING
NEED FOR AN INVESTIGATION -- THE COMMANDING OFFICER'S JUDGE
ADVOCATE SHOULD CONSULT WITH THE SENIOR JUDGE ADVOCATE ASSIGNED
TO THE GENERAL COURT-MARTIAL CONVENING AUTHORITY OR HIGHER
AUTHORITY. COMMANDING OFFICERS WITHOUT ASSIGNED JUDGE ADVOCATES
SHOULD CONSULT DIRECTLY WITH A SENIOR JUDGE ADVOCATE IN THEIR
CHAIN OF COMMAND, OR SEEK ASSISTANCE IN SECURING SUCH ADVICE FROM
NAVY TRIAL SERVICE OFFICES OR COMMANDER, NAVY PERSONNEL COMMAND.
SUCH CONSULTATION SHOULD OCCUR PRIOR TO INITIATION OF ANY
INVESTIGATION.

7. IN MOST CASES WHERE A SERVICEMEMBER HAS STATED THAT HE OR
SHE IS A HOMOSEXUAL OR BISEXUAL AND DOES NOT CONTEST SEPARATION,
LITTLE OR NO INVESTIGATION SHOULD BE NECESSARY. A COMMANDER WHO
SUSPECTS THAT A SERVICEMEMBER HAS MADE SUCH A STATEMENT FOR
PURPOSE OF SEEKING SEPARATION FROM THE NAVAL SERVICE IN ORDER TO
AVOID A SERVICE OBLIGATION, SUCH AS A DEPLOYMENT, OBLIGATED
SERVICE, OR PAYBACK OF EDUCATIONAL BENEFITS, AND WHO BELIEVES
THAT THE MEMBER IS NOT A PERSON WHO ENGAGES IN, ATTEMPTS TO
ENGAGE IN, HAS A PROPENSITY TO ENGAGE IN, OR INTENDS TO ENGAGE IN
HOMOSEXUAL ACTS, MAY INITIATE A MORE SUBSTANTIAL INVESTIGATION
ONLY WHEN AUTHORIZED. A REQUEST FOR SUCH AUTHORIZATION SHOULD BE
FORWARDED BY THE MOST EXPEDITIOUS MEANS, TO COMMANDER, NAVY PERSONNEL
COMMAND (PERS-8) AND CHIEF OF NAVAL PERSONNEL WHO WILL ENSURE
COORDINATION IS DONE IAW REF I. REQUEST WILL PROVIDE FACTS
SURROUNDING DISCLOSURE, AN EXPLANATION OF WHY FURTHER INQUIRY
IS APPROPRIATE, AND AN ASSESSMENT OF ANY POTENTIAL DISADVANTAGES OF
AN EXPANDED INQUIRY. DIRECT QUESTIONS TO THE FOLLOWING OFFICES: POC
FOR ENLISTED CASES IS PERS-832 AT DSN 882 4438/4433/4431, EMAIL
P832"AT"PERSNET.NAVY.MIL. POC FOR OFFICER CASES IS PERS-834 AT
DSN 882-4420/4417/4424, EMAIL P834"AT"PERSNET.NAVY.MIL. POC FOR
LEGAL
ADVICE IS PERS-06L6 AT DSN 882-3160, EMAIL PERS-06L6"AT"PERSNENT.
NAVY.MIL. COMMERCIAL PREFIX IS (901) 874-XXXX.

8. MEMBERS ARE REQUIRED TO RECEIVE BRIEFINGS ON THE UNIFORM CODE
OF MILITARY JUSTICE UPON ENTRY INTO THE NAVY AND PERIODICALLY
THEREAFTER. REF A REQUIRES THESE BRIEFINGS TO INCLUDE A DETAILED
EXPLANATION OF APPLICABLE LAWS AND REGULATIONS ON SEXUAL
CONDUCT BY MEMBERS OF THE ARMED FORCES, INCLUDING HOMOSEXUAL
CONDUCT POLICIES PRESCRIBED IN REFS B THROUGH F. PER REF H,
TRAINING FOR ALL PERSONNEL SHOULD INCLUDE POLICIES IN THIS
NAVADMIN WITH SPECIAL EMPHASIS ON INCORPORATING THIS IN TRAINING
FOR COMMANDING OFFICERS, SUPERVISORS, JUDGE ADVOCATES,
PARALEGALS, AND LAW ENFORCEMENT PERSONNEL. REF I DIRECTS THE
SERVICE INSPECTOR GENERALS TO INCLUDE AS AN ITEM OF SPECIFIC
INTEREST IN THEIR INSPECTIONS THE TRAINING OF THOSE CHARGED WITH
APPLICATION AND ENFORCEMENT OF THE POLICY ON HOMOSEXUAL CONDUCT,
I.E., COMMANDING OFFICERS, JUDGE ADVOCATES, AND INVESTIGATORS.

9. RELEASED BY VADM D. T. OLIVER, N1.//

BT

U.S. Military

Information Courtesy of U.S. Navy

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