dilatedbones said:
I am in the military stationed in CA. I already served 4 years honorably in the USAF and got out for 5 years then joined the Coast Guard about a year and half ago. Well my problem is that I am gay and I have met the man of my dreams and I am tired of having to live 2 different lifestyles. I want to know if I went and told a Jag officer that i was gay what are the steps for discharge and what are my rights. Can the military discharge me with an general discharge even though i have outstanding marks and i am a great leader. Basically i want to know how they deal with those cases before i bring this up to my command thanks for your help !!!!
About Don't Ask Don't Tell
What is Don't Ask, Don't Tell, Don't Pursue, Don't Harass?
DADTDPDH is a ban on lesbians, gays and bisexuals serving in the military – similar to the policies banning service that have been in place for the past fifty years. DADTDPDH is the only law in the land that authorizes the firing of an American for being gay. There is no other federal, state, or local law like it. Indeed, DADTDPDH is the only law that punishes gays, lesbians, and bisexuals for coming out. Many Americans view DADTDPDH as a benign gentlemen’s agreement with discretion as the key to job security. That is simply not the case. An honest statement of one’s sexual orientation to anyone, anywhere, anytime may lead to being fired.
The History of the Policy
DADTDPDH is the result of a failed effort by President Clinton to end the ban on gays in the military. Spurred in part by the brutal 1992 murder of Seaman Allen Shindler, candidate Clinton proposed ending the ban by issuing an Executive Order overriding the Department of Defense regulations that barred gays from serving. Congress, however, intervened and the ban was made law, theoretically preventing action by future Commanders in Chief.
This law was, however, significantly different from prior prohibitions on service in three respects. First, Congressional and military leaders acknowledged, for the first time in 1993, that lesbians, gays and bisexuals serve our nation and do so honorably. Second, the policy also states sexual orientation is no longer a bar to military service. Third, President Clinton, Congress and military leaders agreed to end intrusive questions about
"Don't Ask, Don't Tell is a complex policy comprised of statute, regulations and policy memoranda."
service members’ sexual orientation and to stop the military’s infamous investigations to ferret out suspected lesbian, gay and bisexual service members. They agreed to take steps to prevent anti-gay harassment. They agreed to treat lesbian, gay and bisexual service members even-handedly in the criminal justice system, instead of criminally prosecuting them in circumstances where they would not prosecute heterosexual service members. They agreed to implement the law with due regard for the privacy and associations of service members. The law became known in 1993 as “Don’t Ask, Don’t Tell, Don’t Pursue” to signify the new limits to investigations and the intent to respect service members’ privacy.
Don’t Ask. Commanders or appointed inquiry officials shall not ask, and members shall not be required to reveal, their sexual orientation.
Don’t Tell. “A basis for discharge exists if . . .
[t">he member has said that he or she is a homosexual or bisexual, or made some other statement that indicates a propensity or intent to engage in homosexual acts . . . .”
Don’t Pursue. More than a dozen specific investigative limits as laid out in DoD instructions and directives comprise “Don’t Pursue.” It is the most complicated and least understood component of the policy. These investigative limits establish a minimum threshold to start an inquiry and restrict the scope of an inquiry even when one is properly initiated.A military member may be investigated and
administratively discharged if they:
1) make a statement that they are lesbian, gay or bisexual;
2) engage in physical contact with someone of the same sex for the purposes of sexual gratification; or
3) marry, or attempt to marry, someone of the same sex.
Only a service member’s commanding officer may initiate an inquiry into homosexual conduct. In order to begin an inquiry, the commanding officer must receive credible information from a reliable source that a service member has violated the policy. Actions that are associational behavior, such as having gay friends, going to a gay bar, attending gay pride events, and reading gay magazines or books, are never to be considered credible. In addition, a service member’s report to his/her command regarding harassment or assault based on perceived sexuality is never to be considered credible evidence.
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