Between October and September , the army discharged ten trained linguists — seven of them proficient in Arabic — because of their sexual orientation. Two of the linguists broke visitation rules, leading to a search of one of their rooms and the discovery of personal letters and photographs that revealed that they were gay. In April , Navy Airman Paul Peverelle told his commanders that he was gay, wanting them to know that a homosexual was doing highly praised work. His commander initially thought that Peverelle was lying about being gay, and the military did not initiate discharge proceedings. Instead, weeks later he was deployed on a six-month tour of duty on the USS Enterprise, with the ship eventually being dispatched to Afghanistan as part of Operation Enduring Freedom.
Instead, weeks later he was deployed on a six-month tour of duty on the USS Enterprise, with the ship eventually being dispatched to Afghanistan as part of Operation Enduring Freedom. October 12, Meeks, a twenty-year-veteran, was about to retire when a civilian claimed that Meeks had threatened her at gunpoint if she told anyone of their alleged affair. According to Navin, on one occasion, upon seeing a red AIDS ribbon on Gaige's jacket, Homosexual misconduct us army counseling statement major asked, "What are you, some kind of fucking homo? Dorsey requested a discharge from the services in because she feared that harassment and inappropriate questioning would continue. Trump Karnoski v. Days later unknown assailants beat him unconscious while calling him a Tahiti mist airbrush tanning solution. District of Columbia. He was discharged under the policy and no jisconduct charges were filed. Constitution does not forbid laws criminalizing homosexual sex, challenges to the U.
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January 8, at am. Property of MentorMilitary. Be prepared to do some Homosexual misconduct us army counseling statement counseling since the lack of performance may be related to or the result of a personal problem. Servicemembers can seek this discharge by stating, in writing see the sample letterthat they are gay and addressing the statement to the separation authority, via the commanding officer. Bill Novels that include cunnilingus you are released from active duty with a less than Honorable Discharge, Homosexual misconduct us army counseling statement will not be eligible to receive money for educational purposes and any money already contributed for educational purposes is nonrefundable and may be forfeited. SGT Hall, there are two downloadable versions on this very page. Reception and integration counseling starts the team building process and lets the soldier know the leadership cares. Bill, VA administered benefits, payments of accrued leave, and transportation of dependents and household goods. You are being counseled in accordance with ARparagraphfor your conduct as set forth in Part II above. Military standards apply whether a member is on-base or off-base, on-duty or off-duty. You must be signed in to continue. A characterization of Under Other Than Honorable Conditions OTH will result only if the military finds that, during the current enlistment, the member attempted, solicited, or committed a homosexual act under aggravating circumstances. September 7, at am. This website is not affiliated with the U.
The United States military formerly excluded gay men , bisexuals , and lesbians from service.
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- After you read this fact sheet, please call the Hotline to talk over your options with a counselor.
- Homosexual conduct is grounds for separation from the Army.
- Event-oriented counseling addresses a specific event or situation.
- Used to document counseling sessions.
The United States military formerly excluded gay men , bisexuals , and lesbians from service. In , the United States Congress passed and President Bill Clinton signed a law instituting the policy commonly referred to as " Don't ask, don't tell " DADT which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation.
Although there were isolated instances in which service personnel met with limited success through lawsuits, efforts to end the ban on openly gay, lesbian, and bisexual people serving either legislatively or through the courts initially proved unsuccessful. In , two federal courts ruled the ban on openly gay, lesbian, and bisexual service personnel unconstitutional, and on July 6, , a federal appeals court suspended the DADT policy.
In December , the House and Senate passed and President Barack Obama signed the Don't Ask, Don't Tell Repeal Act of , and under its provisions, restrictions on service by gay, lesbian, and bisexual personnel ended as of September 20, To train the new American Army in the latest military drills and tactics, General George Washington brought in Friedrich Wilhelm von Steuben —94 , who had been an officer on the German General staff. Von Steuben escaped Germany where he was threatened with prosecution for homosexuality.
He joined Washington's army at Valley Forge in February accompanied by two young aides. Steuben became an American general, and a senior advisor to Washington. Despite rumors about his parties, there never was an investigation of Steuben and he received a Congressional pension after the war. The first evidence of antipathy to homosexuals serving in the United States military dates from March 11, , when Lieutenant Frederick Gotthold Enslin was drummed out of the Continental Army following his conviction at court-martial on charges of sodomy and perjury.
The U. The Articles of War of the United States of , implemented on March 1, , included Article 93 stating that any person subject to military law who committed "assault with intent to commit sodomy" shall be punished as a court-martial may direct.
The several branches of the U. Before , each tended to charge personnel caught engaging in homosexual conduct with sodomy, court-martial them, and issue them a dishonorable discharge. In , psychiatrists Harry Stack Sullivan and Winfred Overholser formulated guidelines for psychiatric screening for military inductees. Both believed homosexuals should not be inducted, and neither proposed excluding all homosexuals from military service.
Despite their recommendations, other psychiatrists and military officials made homosexuality a key component of the screening apparatus they recommended.
WAC policies also condoned heterosexual relationships with servicemen in order to discourage homosexual conduct. With the mass mobilization and deployment of troops for operations in World War II, it became impractical to convene court-martial boards for homosexual conduct offenses. Commanders instead issued blue discharges — a form of administrative military discharge — to homosexual personnel.
The blue discharge, which was also issued disproportionately to African Americans , was neither honorable nor dishonorable. However, blue discharge holders faced difficulties in civilian life because the blue discharge carried with it a negative association.
The Veterans Administration denied blue-discharge veterans the benefits of the G. Bill as a general policy. For example, staff sergeant Allen Irvin Bernstein , who was arrested in January by military police after a failed pickup attempt with another soldier, was confined in a psychiatric ward at Camp Lee, Virginia , and discharged within a month. He subsequently appealed the discharge decision, attaching a copy of his page defense of homosexuality, Millions of Queers Our Homo America , which, however, was ignored and remained forgotten and unpublished until rediscovered in by a researcher in the National Library of Medicine.
Denied all veterans benefits, Bernstein continued to refile appeals with the Army until, 37 years later, the Army accepted his appeal and retroactively converted his blue discharge to an honorable discharge in Blue discharges were discontinued in May and replaced with two new headings, "general" and "undesirable". Those found guilty of engaging in homosexual conduct were dishonorably discharged.
In , four honorably discharged gay veterans formed the Veterans Benevolent Association , the first such organization. The group disbanded in ,  and several of its members later formed the New York chapter of homophile advocacy group One, Inc.
In October , the newly consolidated Department of Defense standardized anti-homosexual regulations across all branches of the military: "Homosexual personnel, irrespective of sex, should not be permitted to serve in any branch of the Armed Forces in any capacity, and prompt separation of known homosexuals from the Armed Forces is mandatory.
President Harry S. Truman signed legislation on May 6, , creating the Uniform Code of Military Justice , which became effective on May 31, It established a single justice system for the armed forces.
Penetration, however slight, is sufficient to complete the offence. The success of the armed forces in pre-screening self-identified gay and bisexual people from the s through remains in dispute; during the Vietnam War , some men pretended to be gay in order to avoid the draft. For example, in the s, the Navy medical doctor Tom Dooley received national fame for his anti-Communist and humanitarian efforts in Vietnam. He was forced to resign in March when found to have participated in homosexual activities.
In , the Crittenden Report found that gay-identified people were no more likely to be a security risk than heterosexual-identified people, but nevertheless recommended that homosexuals be excluded from service because "Homosexuality is wrong, it is evil, and it is to be branded as such. In , he was discharged from the Navy at the rank of lieutenant, junior grade, though whether his homosexuality was an issue in his discharge is doubted by researchers. By the s, a gay servicemember who had not committed any homosexual acts while in service generally received a general discharge, while those found to have engaged in homosexual conduct more often received undesirable discharges.
During the s, beginning with Leonard Matlovich , who was featured on the cover of Time magazine, several high-profile court challenges to the military's regulations on homosexuality occurred, with little success, and when such successes did occur it was when the plaintiff had been open about his homosexuality from the beginning or due to the existence of the "queen for a day" rule, which stated that if a service-member was caught having sex with a person of the same gender they could avoid being discharged if the "member did not have a propensity of intent to engage in homosexual acts.
In , the Department of Defense issued a new regulation on homosexuality that was designed to ensure withstanding a court challenge by developing uniform and clearly defined regulations and justifications that made homosexual status, whether self-applied or by the military, and conduct grounds for discharge DOD Directive Homosexuality is incompatible with military service.
The presence in the military environment of persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct, seriously impairs the accomplishment of the military mission. The presence of such members adversely affects the ability of the armed forces to maintain discipline, good order, and morale; to foster mutual trust and confidence among service members; to ensure the integrity of the system of rank and command; to facilitate assignment and worldwide deployment of service members who frequently must live and work in close conditions affording minimal privacy; to recruit and retain members of the armed forces; to maintain the public acceptability of military service; and to prevent breaches of security.
The directive justified the policy and removed the "queen for a day" rule that had prompted some courts to rule against the armed forces. The DOD policy has since withstood most court challenges, although the United States Supreme Court has refused to weigh in on the constitutionality of the policy, preferring to allow lower courts and the United States Congress to settle the matter.
The report also included excerpts from a previously unpublished Defense Personnel Security Research and Education Center study on homosexuality that made similar conclusions as the Crittenden Report. Some LGBT military personnel sought to overturn the military's ban on service by homosexuals. Among the earliest were Leonard Matlovich , who fought to remain in the Air Force after coming out in ,  and Perry Watkins , who was drafted in despite disclosing his homosexuality on his induction papers.
The appellate court, however, did not rule the military policy unconstitutional in Watkins's case. Rather, it decided that simple equity mandated that the Army could not discharge Watkins for homosexuality when it knew of his sexual orientation all along. Don't ask, don't tell DADT is the common term for the policy restricting the United States military from efforts to discover or reveal closeted gay, lesbian, and bisexual service members or applicants, while barring those that are openly gay, lesbian, or bisexual from military service.
Service members discharged under DADT continued to seek redress through the courts without success. Courts often cited the Supreme Court's decision in Bowers v.
Hardwick , which upheld the constitutionality of state sodomy laws. After the Supreme Court reversed Bowers in Lawrence v. Texas decision applies to Article of the Uniform Code of Military Justice, which banned all acts of sodomy. In both United States v. Stirewalt and United States v. Marcum , the court found Article constitutional, but ruled that the "conduct falls within the liberty interest identified by the Supreme Court,"  but also said that despite the application of Lawrence to the military, Article could still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in Lawrence ",  such as fraternization, public sexual behavior, or anything that would adversely affect good order and discipline.
Convictions for consensual sodomy have been overturned in military courts under the Lawrence in United States v. Meno  and United States v. United States. The first ended in a negotiated settlement, but only after the lesbian plaintiff whom the Air Force tried to discharge won retirement with full benefits in as DADT neared its end.
In the second, Federal Judge Virginia A. Phillips ordered the military on October 12, , to suspend and discontinue any investigation or discharge, separation, or other proceeding that began under DADT. It failed in September, when Sen. John McCain led a successful filibuster against it. It passed the House of Representatives on December Instead, on July 6, , that court, citing progress made by military officials in preparing for an end to DADT, ordered the government to cease enforcement of DADT while dismantling the policy.
Repeal was not immediate. The Department of Defense first reviewed its policies and guidelines and drafted implementation regulations. Then the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff certified that new regulations had been drafted and that the new regulations would not damage military cohesion and readiness.
That certification triggered a day waiting period at the end of which, on September 20, , DADT expired. They wrote that the strong degree of anti-gay sentiment found among entering cadets declined somewhat during their time at the service academies: "Surprisingly, military culture appears to have made cadets more tolerant of gays and lesbians, not less.
Despite the end of DADT on September 20, , the same-sex spouses of gay and lesbian service members were not treated on a par with the different-sex spouses of military service members because of restrictions imposed by Section 3 of the Defense of Marriage Act DOMA and certain federal statutes that contain definitions of marriage that exclude same-sex couples.
Same-sex spouses are denied death benefits, identification cards, base access, access to repatriation ceremonies, and other entitlements. Marines announced that clubs conducting business on base must admit same-sex spouses. On February 11, , Secretary of Defense Leon Panetta announced the Department's extension of certain military "additional benefits" to same-sex spouses which are not explicitly prohibited under the Defense of Marriage Act , in addition to "member-designated benefits" which were already available to same-sex spouses.
The American Civil Liberties Union ACLU brought suit in on behalf of servicemembers discharged for homosexuality who received only half the standard separation pay upon discharge. United States that provided for the payment of full separation pay to servicemembers discharged under " Don't ask, don't tell " since November 10, The American Military Partner Association AMPA was formed in to enable the LGBT partners of servicemembers and veterans to provide support in areas where the military fails to and to advocate on behalf of equal treatment of those in same-sex relationships.
Following the end of DADT, approximately , servicemembers who had been separated from military service since WW II under the categories "other than honorable discharge", "general discharge", or "dishonorable discharge" became eligible to have their discharges amended. Those without an honorable discharge are often excluded from veterans benefits like health care and tuition assistance, and the lack of an honorable discharge can create a hurdle to employment in the civilian sector as well.
Pocan said the legislation represented the same policies as those currently in place, but was needed because "without having it in law, it could change at some date in the future with a different administration.
Windsor that the statute under which the U. Secretary of Defense Chuck Hagel stated: "The Department of Defense welcomes the Supreme Court's decision [and] will immediately begin the process of implementing the Supreme Court's decision in consultation with the Department of Justice and other executive branch agencies.
The Department of Defense intends to make the same benefits available to all military spouses—regardless of sexual orientation—as soon as possible. On August 14, , the Department of Defense DoD announced that it would provide spousal and family benefits to servicemembers in same-sex marriages on the same terms as it does to those in different-sex marriages. The benefits, which include health care coverage, housing allowances, military ID cards, and survivor benefits, can be claimed retroactive to June 26, the day of the Windsor decision.
A same-sex marriage must be documented by a marriage certificate that establishes that the marriage was valid where it was celebrated. The DoD also announced that servicemembers who need to travel to a jurisdiction that allows them to marry will be afforded up to 7 days leave to do so, up to 10 days if they are stationed outside the U.
Secretary of Defense Chuck Hagel said: "This will provide accelerated access to the full range of benefits offered to married military couples throughout the department, and help level the playing field between opposite-sex and same-sex couples seeking to be married". The DoD set September 3 as its target date for implementation. Peter Sprigg of the Family Research Council, a longtime opponent of the end of "don't ask, don't tell", wrote that "It could well be argued that the new policy actively discriminates against opposite-sex couples, who receive no special leave for their weddings".
As with other letters, these must avoid references to homosexual acts. If your performance and conduct continues to be unsatisfactory, you could be processed for separation under Chapter or AR An Honorable Discharge may be awarded under Chapter 5, 13 and SGT Slater, Torrence says:. Although there are agencies to which you may apply to have your characterization of service changed, it is unlikely that such application will be successful.
Homosexual misconduct us army counseling statement. General Statement for Most Types of Counseling/No Edit Required
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I got all the quick counselings and i would like to see a promotional counseling in quick counsel 3. SGT Slater, What type of promotional counseling are you looking for?
CQV1 has a counseling statement concerning promotion for PV1-SPC, and a counseling for Soldiers that are fully eligible but not recommended for promotion. It also contains monthly performance counselings that the counselor can add promotion potential to. If you can provide me so of the specifics you are looking for I might be able to point you in the right direction or perhaps prepare a special counseling for you. Waiting for a help ticket before PureEdge can be put on the gvt computer.
Kinda stuck until then. Just a heads-up, though. Great job on the fillable pdf…just missing some ranks. Property of MentorMilitary. LTC Richard Spencer says:. April 26, at pm.
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Between October and September , the army discharged ten trained linguists — seven of them proficient in Arabic — because of their sexual orientation. Two of the linguists broke visitation rules, leading to a search of one of their rooms and the discovery of personal letters and photographs that revealed that they were gay. In April , Navy Airman Paul Peverelle told his commanders that he was gay, wanting them to know that a homosexual was doing highly praised work.
His commander initially thought that Peverelle was lying about being gay, and the military did not initiate discharge proceedings. Instead, weeks later he was deployed on a six-month tour of duty on the USS Enterprise, with the ship eventually being dispatched to Afghanistan as part of Operation Enduring Freedom.
On the ship, Peverelle became the focus of threats and harassment. Two members of his squadron called him names such as: "faggot" and "gay bitch," and threatened to "beat his ass.
The USS Enterprise was the same ship where the words "high jack this fags" were written on a bomb attached to a fighter jet. Shortly thereafter, a group of soldiers attacked Chapman. He wrote home the next day: "I have some bad news for you. I got beat up last night. Someone came to my bed — a group of someones — and they were hitting me with blankets and soap. I am aching all over my body You guys have to help get me out of here This place is dangerous!
Bush proudly described the United States as a "land of justice, liberty, and tolerance. The U. In , Congress passed new legislation replacing that prohibition with the "don't ask, don't tell" policy, a compromise between those, led by President Bill Clinton, who believed the prohibition was discriminatory and wrong, and those, including military leaders, determined to maintain the prohibition.
Under the new policy, gay men, lesbians, and bisexuals would be able to serve as long as they kept their sexual orientation a secret and did not engage in homosexual conduct, including off base. In return for agreeing to remain silent and celibate, gay men, lesbians, and bisexuals were to be protected against unwarranted intrusions into their private lives.
Private consensual sex by a servicemember with someone of the same sex remained a criminal offence under military law. Although the "don't ask, don't tell" policy was intended to allow gay, lesbian, and bisexual servicemembers to remain in the military, discharges have steadily increased since the policy's adoption.
According to the Servicemembers Legal Defense Network SLDN , from through the end of , more than 7, men and women were discharged from the military because of their actual or perceived homosexuality.
In alone, a record 1, were discharged, a figure nearly double the homosexual separation rate of in , prior to "don't ask, don't tell. They were required to leave the armed forces because of a policy that reflects the bias of a heterosexual majority against a homosexual minority.
The "don't ask" dimension of the policy was supposed to benefit gays and lesbians by ending unwarranted official efforts to uncover their sexual orientation. Human Rights Watch has not been able to measure the extent to which such inquiries have, in fact, diminished, yet servicemembers continue to report hundreds of instances each year in which the letter and the spirit of the policy have been violated.
Even in the absence of "statements" of homosexuality or of credible evidence of homosexual conduct, officials have inappropriately delved into the sexual orientation of men and women, eventually prompting their discharge. Gay and lesbian servicemembers believe violations of the "don't ask" component of the policy are committed with impunity. By establishing special rules for gays and lesbians that do not apply to heterosexuals, the "don't ask, don't tell" policy codified anti-homosexual discrimination.
By stigmatizing homosexuality, the policy has also perpetuated prejudice against and invited harassment of gay servicemembers. In theory, all servicemembers are to be treated with dignity and respect regardless of sexual orientation. In practice, gay servicemembers endure anti-gay remarks, name-calling, threats, and even physical attacks. In the case of Private First Class Barry Winchell, homophobia led to murder: a fellow soldier wielding a baseball bat beat Winchell to death in Female servicemembers are subjected to an additional form of harassment — "lesbian-baiting" — whereby male servicemembers label as lesbians women who rebuff their sexual advances or who do not act "feminine" enough, a label that threatens their careers.
Eighty percent of servicemembers surveyed by the Department of Defense in reported they had heard offensive speech, derogatory names, jokes, or negative remarks about gay men and lesbians during the previous year. Eighty-five percent believed such comments were tolerated to some extent. Thirty-seven percent reported they had witnessed or experienced an incident they considered anti-gay harassment.
Servicemembers victimized by anti-gay abuse face a cruel dilemma. They can choose either to suffer in silence or to report the abuse. If they choose the latter course of action they risk disclosing their sexual orientation in the course of describing the incident or having it disclosed by others — and disclosure can lead to their discharge.
Military officials have tried to reassure servicemembers who complain of harassment that they will not be investigated, but such assurances are not convincing since the policy requires the separation of any servicemember who "tells" — even if the statement was made unintentionally.
Some cases in which gay and lesbian servicemembers have reported harassment have led to extensive investigations into their private lives. Anti-gay harassment and hostile treatment of servicemembers is committed with near total impunity, as are violations of the military rules against unauthorized or unduly intrusive investigations into a servicemember's sexual orientation.
According to the Servicemembers Legal Defense Network, not one servicemember was held officially accountable for asking, pursuing, or harassing during the policy's first six years; in , three officers were punished for their involvement in publicized incidents.
The military's support system to help servicemembers and their families, including base or ship chaplains, social workers, and physicians, offers false promises to gay and lesbian servicemembers. Instead of respecting confidential communications, some chaplains and health professionals, including therapists, have turned in homosexual and bisexual servicemembers, often believing that it was their duty to report them. Chaplains have berated gay servicemembers, telling them that they were sick or going to hell.
Supporters of "don't ask, don't tell" — and of the blanket prohibition on military service by gays and lesbians that preceded it — claim "unit cohesion" and military morale will suffer if known homosexuals are allowed to serve side-by-side and share close quarters with heterosexuals.
Decades ago, the U. In , President Truman rejected the argument and ordered the racial integration of the armed forces. But while U. Anti-gay prejudice has led supporters of the military's policies on homosexuality to overlook the utter lack of empirical evidence to support the "unit cohesion" claim. In the last decade, a number of countries, including the United Kingdom, Germany, Canada, and Israel, have eliminated restrictions on service by openly gay and lesbian soldiers and officers without impairing their armed forces' effectiveness.
Indeed, most members of NATO now permit open homosexuals to serve in their militaries. Not only is there no evidence that the "don't ask, don't tell" policy is required to further the military's mission, there is considerable reason to believe it is counter-productive.
As noted above, the policy has resulted in the loss of thousands of capable, experienced personnel. At a time when U. The policy is also expensive. But the real cost of the policy is to be measured in the misery it has created in the lives of so many men and women whose wish was to serve their country. Within certain military restrictions, e. Gay and lesbian servicemembers cannot. Sexual orientation — be it heterosexual, homosexual or bisexual — defines a profound and deeply-rooted aspect of each individual's personality and humanity.
It reflects needs and desires that permeate one's sense of self in ways both conscious and unconscious, and that are experienced inwardly as well as reflected outwardly through acts, gestures, and words.
It is as intrinsic to the constitution and growth of a person as race, ethnicity, gender, or religious conviction. As with these other constitutive aspects of self, international human rights law protects individuals from prejudice-based discrimination on the basis of sexual orientation. The United Nations Human Rights Committee has held that sexual orientation is not a valid basis for distinguishing who may enjoy rights specified in the International Covenant on Civil and Political Rights, to which the United States is a party.
The right to privacy is affirmed in the covenant — a right that includes sexual intimacy. Sodomy laws prohibiting consensual sex between adults violate that right. The European Court of Human Rights, reviewing a prohibition against gay and lesbian servicemembers in the United Kingdom military, concluded that it constituted prohibited discrimination with regard to intimate associations protected by the right to privacy.
Confronting the United Kingdom's contention that homosexuality was incompatible with military cohesion — the same argument used to support "don't ask, don't tell" — the European Court of Human Rights pointed out that discrimination against a disfavored minority to accommodate the prejudices of a majority violated the rights of gay and lesbian servicemembers.
Military life is different from civilian life, and is characterized by laws, rules, and traditions that restrict personal behavior. While many of the strictures of military life are reasonable or necessary in light of the military's unique mission, the codification of anti-gay prejudice is not.
Unfortunately, U. Reluctant to intervene in matters of military judgment, the courts have left gay and lesbian servicemembers vulnerable to continued discrimination, harassment, and discharge. As a presidential candidate, George W. Bush stated that he favored continuing the "don't ask, don't tell" policy. In August, , Pentagon officials told Human Rights Watch that there were no plans to change the policy. When the U. On September 14, , President Bush issued Executive Order , authorizing each service branch to issue "stop-loss" orders — or suspensions of administrative discharges — for a set period of time while military actions in response to the September 11 attacks were planned and carried out.
Each branch of the armed services issued stop-loss orders, but they did not apply to servicemembers facing discharge under the "don't ask, don't tell" policy. During Operation Desert Storm in , however, President George Bush authorized stop loss orders that did apply to gay and lesbian servicemembers; discharge proceedings against these servicemembers were suspended until they returned home from combat.
The United States may wage war against those who disavow human rights, but it remains adamant against recognizing the fundamental rights of the gay men and lesbians who volunteer to fight, and die, for their country. Suspend indefinitely all discharges of servicemembers for acknowledging homosexual orientation or engaging in homosexual conduct that does not otherwise violate military rules applicable to heterosexual conduct. Support legislation to repeal 10 U. Implement through the Department of Defense the policy recommendations made below and develop and implement such other measures as are needed to guarantee the rights and safety of gay, lesbian, and bisexual servicemembers, including measures that specifically address the unique sexual harassment problems faced by women servicemembers — both heterosexual and lesbian — as a result of the "don't ask, don't tell" policy.
Amend the Uniform Code of Military Justice to decriminalize all forms of adult, private, consensual sex between men and women and between same-sex partners. Ensure all members of the military are treated with respect regardless of their sexual orientation.
It should take effective steps to prevent verbal or physical acts of anti-gay harassment or abuse, including implementation of the Department of Defense Anti-Harassment Action Plan, more extensive training about anti-gay harassment, and the use of disciplinary sanctions against or criminal prosecution of those who engage in such conduct.
Encourage victims of anti-gay harassment or abuse to report incidents and seek assistance by:. Monitor the nature and prevalence of anti-gay harassment and abuse and the steps taken to respond it by gathering and making publicly available statistics on incidents reported and the actions taken in response.
Until such time as the "don't ask, don't tell" policy is repealed:. Hold accountable by disciplining and, where appropriate, prosecuting service personnel who engage in unauthorized inquiries, or in investigations that exceed the permissible scope, into the sexual orientation or private lives of servicemembers who are or are perceived to be gay, lesbian, or bisexual.
Establish an "exclusionary" rule and other regulations as needed to prevent the use in discharge proceedings of improperly obtained information and to ensure that investigations are not initiated on less than credible, properly acquired evidence. Prohibit the use in discharge inquiries under the "don't ask, don't tell" policy of information gathered during investigations into anti-gay harassment complaints. Adopt and enforce a clear confidentiality policy for chaplains and health service providers.
Gay men and lesbians have served in the U. Indeed, Baron Frederich von Steuben, reportedly a homosexual, was one of Gen. George Washington's key strategists during the war of independence and is credited with bringing order and discipline to the Continental Army.