UNCLASSIFIED/FOUO
Repeal of
Don’t Ask, Don’t Tell
(DADT)
Tier I Law Enforcement
Personnel Educational
Material
Leadership – Professionalism – Discipline - Respect
UNCLASSIFIED/FOUO
Key Principles for LE Personnel
1. Successful implementation requires Leadership,
Professionalism, Discipline, and Respect.
2. Sexual orientation will not be a basis for official action or a
factor in decision-making.
3. It remains DoD policy that sexual orientation is a personal
and private matter.
4. For now, there is no change to the UCMJ or MCM.
5. The Defense of Marriage Act (DOMA) will limit the benefits
legally recognized Gay, Lesbian, or Bisexual (GLB)
partners receive.
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UNCLASSIFIED/FOUO
The History of DADT
Origin of Don’t Ask Don’t Tell



January 29, 1993 – White House Statement
November 30, 1993 – 10 U.S.C. § 654
December 21, 1993 – DoDD 1304.26
Sexual orientation became a personal and
private matter. However, if disclosed:


Gay, Lesbian, or Bisexual (GLB) conduct was a
bar to service
GLB conduct was a basis for discharge
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UNCLASSIFIED/FOUO
The DADT Repeal Act
Repeal of Don’t Ask Don’t Tell Signed
 December 22, 2010 – Public Law 111-321
The Act repeals 10 U.S.C. § 654
Sexual orientation remains a personal and
private matter. However, if disclosed:
 GLB conduct is no longer a bar to entry
 GLB conduct is no longer a basis for discharge
Leadership – Professionalism – Discipline - Respect
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UNCLASSIFIED/FOUO
The DADT Repeal Act
Repeal takes effect 60 days after POTUS,
SECDEF, and CJCS certify the following:
 That they considered the DoD comprehensive review
published on 1 DEC 2010
 That DoD has established the necessary policies and
regulations to implement the repeal
 That implementation of the policies/regulations is
consistent with military readiness, effectiveness,
cohesion, retention, and recruiting
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DADT Repeal Facts for Law
Enforcement Personnel
There are no changes required in law enforcement
regulation or policy upon DADT repeal
Law enforcement performance post-DADT Repeal
will continue to meet the same professional,
impartial and appropriate standards we now
demonstrate
Conforming amendments to the UCMJ for Article
125 (Sodomy) and Article 134 (Adultery) may be
considered for presentation to the Congress
and/or action by the President
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Personal and Professional
Conduct (UCMJ)
The UCMJ is the foundation for good order
and discipline and the vehicle for
enforcement of proper conduct
The UCMJ remains unchanged
Article 125:



Forcible Sodomy
Consensual Sodomy
Sodomy involving minors
Application of the UCMJ must always be
without regard to sexual orientation
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Benefits and Beneficiaries
(1 U.S.C § 7)
 DOMA, 1 U.S.C. § 7, defines the following terms for the
purposes of Federal statute, regulation, or ruling:


“Marriage” only means a legal union between a man and woman
“Spouse” only refers to a member of the opposite sex
 10 U.S.C § 1072, 37 U.S.C. § 401, and the Joint Federal
Travel Regulation (JFTR) define “dependent” with language
that triggers DOMA
 DOMA prohibits DA from recognizing married or civil union
same sex partners as “dependents”
 DOMA will not prohibit Soldiers from receiving benefits for
other dependents (e.g., adopted children)
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UNCLASSIFIED/FOUO
Vignette 1
Situation: Father – Son Domestic Disturbance. Law
enforcement responds to a domestic disturbance between a father
(First Sergeant SM) and his 17 year old son. Upon arrival, the
altercation is physical and the root of the issue is that the teenage
son is involved in a consensual sexual relationship with a male
PV2 in the unit.
Issues: Domestic Violence; Assault; Privacy. How do you
address this situation? Is there a violation of the Standards of
Conduct? What about potential command influence / harassment?
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UNCLASSIFIED/FOUO
Vignette 1
Discussion: The issue of the PV2 who is engaged in a
homosexual relationship is not relevant in this investigation. The
PV2 is not in violation of any current policies or directives so per
the UCMJ this is not a violation. Utilize IPC skills to attempt to
mediate the altercation. Depending on jurisdiction for the
installation, the MPs should follow standard protocol for referring
the assailant to local authorities for consideration of assault
charges. This is a mandated referral to the Installation Family
Advocacy Program. Consider notifying the Company
Commander of the situation.
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UNCLASSIFIED/FOUO
Vignette 2
Situation: Three Male Soldiers Commit an Aggravated Assault On
A Male Soldier.
CID is notified, responds and conducts an investigation into an
aggravated assault in the barracks. A male Soldier, who was
hospitalized with a ruptured spleen, reported that he was assaulted in
the barracks. He identifies his assailants, however does not provide a
motive for the attack. The three male Soldiers are located apprehended
and independently interviewed. During questioning, all three Soldiers
report that they do not want to and will not serve with a “queer.”
Issues: How should this investigation be handled?
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UNCLASSIFIED/FOUO
Vignette 2
Discussion: Standard CID protocol should be followed. CIDR 195-1
defines a hate crime as an offense based upon “…sexual orientation.”
Reporting requirements for hate crimes differ from other investigations.
An Initial Serious or Sensitive Incident Report must be completed. The
motivation of the assault is relevant and under the proposed policy,
open documentation of that motive is appropriate and should be briefed
as a routine part of the investigative briefing. Commanders and leaders
at all levels have a duty and obligation to ensure not only the health and
safety of all Service members under their command, but building esprit
and enhancing unit morale. Discretion must be exercised in briefing unit
personnel.
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UNCLASSIFIED/FOUO
Vignette 3
Situation: Female Victim of Sexual Assault/Fraternization.
CID responds to a report of a sexual assault and determines that
the female victim reports she was raped by a civilian in the
.restroom of a local club. When queried, the female, a SGT,
reports that she would never willingly sleep with a man because
.
she is a lesbian in a committed relationship with her female
company commander.
Issues: Standards of Conduct; privacy; sexual assault. How do
you address this situation? Is there a violation of the UCMJ?
Leadership – Professionalism – Discipline - Respect
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UNCLASSIFIED/FOUO
Vignette 3
Discussion: First, the protocol for the sexual assault is no
different than any other investigation. A thorough crime scene
examination, medical examination for the victim, local coordination
.for a joint investigation and other standard investigative protocols
must be followed. The next issue is the statement by the SGT
.
that she is a lesbian, which is not in and of itself a violation of any
policy or regulation. The Commander has potentially violated
Article 134 (Fraternization) and the Commander and NCO may
have violated Article 92 (Failure to Obey a Lawful Order or
Regulation) without respect to sexual orientation.
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UNCLASSIFIED/FOUO
Vignette 4
Situation: Finance Reports a potential Basic Allowance for
Housing Fraud. A unit reports that during a routine audit, a male
SSG was determined to be receiving BAH at the with dependant
rates because of marriage. The auditor determined that the
spouse of the service member was a male. The SSG is also
divorced and has a 12 year old daughter who is in the custody of
his ex-wife.
Issues: Benefits. Is the incident a fraud? Possibility of false
official statements. What entitlements are available to
same-sex partners?
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UNCLASSIFIED/FOUO
Vignette 4
Discussion: CID would conduct a standard investigation and interview of
the service member concerning the application. Because the Federal
government does not recognize same-sex marriages, the SSG cannot claim
dependency for a same-sex partner, for BAH purposes. You inform the SSG
that he’s not entitled to BAH at the “with dependent” rate based on a
marriage to a same-sex partner. If the SSG states he has a dependent
daughter, standard finance regulations concerning BAH at the with
dependent rate (for example, the SSG is paying child support) apply. The
issue of whether this matter is a fraud or merely improper receipt of benefits
hinges on the question of intent. CID should conduct a thorough
investigation to determine if the SSG was aware that same sex partners are
not recognized for purposes of BAH. When briefing the unit commander, the
fact that the SSG is involved in a same sex relationship has no bearing on
the investigation. Additional benefits questions should be referred to unit
personnel.
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UNCLASSIFIED/FOUO
Vignette 5
SITUATION: Report of Same Sex Adultery. The spouse of a
First Lieutenant in the local transportation company reports her
husband is having an extra-marital sexual affair with another
male Lieutenant in his unit.
Issue: Is this a violation of the UCMJ, Art 134 (Adultery)?
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UNCLASSIFIED/FOUO
Vignette 5
Discussion: MP should determine if a domestic disturbance
situation exists, take a sworn statement to send to the unit for
action and inform the spouse that issues of adult consensual
sexual misconduct are to be reported to the chain of command.
As presently defined in the UCMJ, a married Soldier that commits
gay or lesbian acts would not violate Article 134, Adultery but may
violate General Article 134 (Prejudicial to the Good Order and
Discipline). Because the LTs’ conduct may include sodomy and
may be prejudicial to good order and discipline, the conduct may
violate Article 125 (Sodomy). There is also a potential violation of
Article 133 (Conduct Unbecoming an Officer) because he is
engaging in an extra-marital affair. That determination must be
made without regard to sexual orientation of either LT.
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UNCLASSIFIED/FOUO
Vignette 6
SITUATION: Report of Disturbance/Possible Housing
Violation. You are an MP First Responder and dispatched to
family quarters due to loud noise. Upon arrival you identify the
occupants as Sergeant Tim Jones, a military member, John Smith,
his same sex partner, and Steven their adopted 2 year old son.
Sergeant Jones tells you they were loudly discussing family
matters and that there is no need for MP intervention.
Issues: Privacy. Housing Issue. How do you address this
situation? Is there a violation of the Housing Regulation?
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UNCLASSIFIED/FOUO
Vignette 6
Discussion: The MP First Responder must take a very active and
positive approach with a focus on conflict resolution and professional
obligations to uphold regulations and policies. As a First Responder the
MP should assist the individuals and help them to resolve their personal
differences by mediation. A clear message must be received by both,
that respecting each other’s rights is critical to maintaining good order
and discipline. If the issue cannot be resolved alternative living
arrangements can be made. The MP must also determine if there is a
housing violation by obtaining information to who resides at the location.
If Steven resides at the quarters with Sergeant Jones because
Sergeant Jones is authorized the set of quarters due to his status of
being a parent to Steven then there is no housing violation for Steven to
reside there. For John Smith to reside there, at most installations the
garrison commander has the authority to provide such
authorization.
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UNCLASSIFIED/FOUO
Vignette 7
SITUATION: Public Display of Affection/Assault. You are an
MP First Responder on duty and while conducting a routine
money escort for AAFES you observe two junior male Soldiers
assigned to Company A, 110th training battalion in uniform first
kissing and hugging each other, then you observe a female
Soldier approach them and slap the face of one of the two male
Soldiers.
Issue: Standards of Conduct. Is this within standards of personal
and professional conduct? Violation of the UCMJ, Art 128
(assault consummated by a battery).
Leadership – Professionalism – Discipline - Respect
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UNCLASSIFIED/FOUO
Vignette 7
Discussion: Standards of conduct regarding public displays of
affection (PDA) are orientation-neutral. If the observed behavior
crosses acceptable boundaries as defined in applicable standards
of conduct for their unit and service, then an appropriate
correction should be made. Your intervention should be made
without regard to sexual orientation. However when it comes to
the Assault the UCMJ stipulates that an “assault” is an attempt or
offer with unlawful force or violence to do bodily harm to another,
whether or not the attempt or offer is consummated. The MPs
need to conduct an investigation into the motivation of the female
offender to determine why she assaulted the male Soldier. The
female offender needs to be apprehended and processed
due to the assault the MP witnessed.
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UNCLASSIFIED/FOUO
Repeal of
Don’t Ask, Don’t Tell
(DADT)
Tier I Law Enforcement
Personnel Educational
Material
Leadership – Professionalism – Discipline - Respect
23
23
BACKUP
Leadership – Professionalism – Discipline - Respect
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Leadership – Professionalism – Discipline - Respect
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