On This Day: 05 February

2014

DoD Directive Containing Provisions for Homosexual Conduct Implemented; DADT is Officially Live

Following the process of developing, debating, and enacting the “Don’t Ask, Don’t Tell” (DADT) policy in 2013, an updated DODD 1304.26, Qualification Standards for Enlistment, Appointment, and Induction, is implemented. In it there is a section titled, “Provision Related to Homosexual Conduct.” Below is the full text of the provisional section:

8. Provision Related to Homosexual Conduct

a. Sexual orientation is considered a personal and private matter, and homosexual orientation is not a bar to service entry or continued service unless manifested by homosexual conduct. Applicants for enlistment, appointment, or induction shall not be asked or required to reveal their sexual orientation. Applicants also will not be asked or required to reveal whether they have engaged in homosexual conduct, unless independent evidence is received indicating that an applicant engaged in such conduct or unless the applicant volunteers a statement that he or she is a homosexual or bisexual, or words to that effect. Applicants will be informed of separation policy. (Section 654 of reference (a)).

b. Homosexual conduct may be grounds for barring entry into the Armed Forces. Homosexual conduct is a homosexual act, a statement by the applicant that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage. Propensity to engage in acts means more than an abstract preference or desire to engage in homosexual acts; it indicates a likelihood that a Person engages in or will engage in homosexual acts.

(1) An applicant shall be rejected for entry into the Armed Forces if, in the course of the accession process, evidence is received demonstrating that the applicant engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts, unless there is a further determination that:

(a) Such acts are a departure from the applicant’s usual and customary behavior;

(b) Such acts, under all the circumstances, are unlikely to recur;

(c) Such acts are not accomplished by use of force, coercion, or intimidation, and;

(d) The applicant does not have a propensity or intent to engage in homosexual acts.

Such a determination will be made in the course of the normal
accession process. A homosexual act means (i) any bodily contact,
actively undertaken or passively permitted, between members of the
same sex for the purpose of satisfying sexual desires, and (ii)
any bodily contact that a reasonable person would understand to
demonstrate a propensity or intent to engage in an act described
in subparagraph (i).

(2) An applicant shall be rejected for entry if he or she makes a statement that he or she is a homosexual or bisexual, or words effect, unless there is a further determination that the applicant has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. Such a determination will be made in the course of the normal accession process.

(3) An applicant shall be rejected for entry if, in the course of the accession process, evidence is received demonstrating that an applicant has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the persons involved).

c. Nothing in these procedures requires rejection for entry into the Armed Forces when the relevant Military Service Command authority determines:

(1) That an applicant or inductee made a statement, engaged in acts, or married or attempted to marry a person of the same sex for the purpose of avoiding military service, and

(2) Rejection of the applicant or inductee would not be in the best interest of the Armed Forces.

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