Navy updates inquiry rules for DADT - Navy News | News from Afghanistan & Iraq - Navy Times

Navy updates inquiry rules for DADT

The Navy on Wednesday implemented its first change in 17 years to the Defense Department’s much-debated “don’t ask, don’t tell” policy.

It will take an admiral in a sailor’s chain of command to open any investigation of or initiate separation for homosexual conduct. A commanding officer previously had that authority. The commanding officer is still required to determine whether credible evidence for discharge exists to support either a fact-finding inquiry or processing for separation. A statement made under oath is not required.

The majority of homosexual conduct cases involve sailors coming forward and requesting separation, Cmdr. Mark Holley, legal counsel for Navy Personnel Command, said in a news release. However, credible information is provided by a third party in some cases. In such cases, the subsequent inquiry must be conducted by a commander or above.

The changes are not retroactive for cases already decided. However, a new initiating authority must reconsider all open cases that were initiated or conducted by an officer below the newly required rank. There are two officer and six enlisted cases under legal review for compliance with the most recent policy changes, said Naval Personnel Command spokesman Mike McLellan.

A member may still be separated if he or she engages in, attempts to engage in or solicits another to engage in a homosexual act; makes a statement affirming homosexuality; or marries or attempts to marry a person known to be of the same biological sex.

The revised rules were ordered March 25 by Defense Secretary Robert Gates.

The new rules are addressed in NavAdmin 137/10 and DoD Instruction 1332.14 for enlisted separations, and DODI 1332.30 for officer separations.