« MOH - SSG Sal Giunta - in his own words | Main | Imperial Judge denied on DADT »

Repeal of DADT - Navy's Guidance

Posted By Blackfive • [October 20, 2010]

Many of you have asked what guidance was being put out there.  Received this from MR on the Navy's first official guidance after the repeal.  It is after the Jump:

UNCLASSIFIED//

FM CNO WASHINGTON DC//

TO NAVADMIN

INFO CNO WASHINGTON DC//

 

UNCLAS//N05822//

NAVADMIN 346/10

MSGID/GENADMIN/CNO WASHINGTON DC/OCT//

SUBJ/GUIDANCE FOLLOWING COURT RULING ON DON'T ASK DON'T TELL//

REF/A/DOC/USDC CENTDIST OF CA/12OCT2010//

REF/B/DOC/DOD/15OCT2010//

REF/C/DOC/SECNAV/18OCT2010//

NARR/REF A IS FEDERAL DISTRICT COURT JUDGMENT AND INJUNCTION IN THE

CASE LOG CABIN REPUBLICANS V. US.  REF B IS UNDER SECRETARY OF

DEFENSE MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS. 

REF C FORWARDED REF B TO CNO FOR APPROPRIATE ACTION.// 

RMKS/1.  ON 12 OCTOBER 2010, A FEDERAL DISTRICT COURT JUDGE ISSUED A

JUDGMENT AND INJUNCTION BARRING ENFORCEMENT OR APPLICATION OF SECTION

654 OF TITLE 10, UNITED STATES CODE, COMMONLY KNOWN AS THE DON'T ASK

DON'T TELL STATUTE.  THE DEPARTMENT OF JUSTICE IS SEEKING TO HAVE THE

INJUNCTION LIFTED AND IS APPEALING THE CASE.  HOWEVER, AT THE PRESENT

TIME, COMPLIANCE WITH THE INJUNCTION IS REQUIRED THROUGHOUT THE NAVY. 

TO ENSURE AWARENESS BY ALL COMMANDS, THIS MESSAGE PROVIDES, VERBATIM,

THE KEY PROVISIONS OF THE INJUNCTION AND IMPLEMENTING DIRECTION FROM

THE OFFICE OF THE SECRETARY OF DEFENSE.

2.  THE INJUNCTION STATES THAT THE COURT "PERMANENTLY ENJOINS

DEFENDANTS UNITED STATES OF AMERICA AND THE SECRETARY OF DEFENSE,

THEIR AGENTS, SERVANTS, OFFICERS, EMPLOYEES, AND ATTORNEYS, AND ALL

PERSONS ACTING IN PARTICIPATION OR CONCERT WITH THEM OR UNDER THEIR

DIRECTION OR COMMAND, FROM ENFORCING OR APPLYING THE DON'T ASK,

DON'T TELL ACT AND IMPLEMENTING REGULATIONS, AGAINST ANY PERSON

UNDER THEIR JURISDICTION OR COMMAND;" AND "ORDERS DEFENDANTS UNITED

STATES OF AMERICA AND THE SECRETARY OF DEFENSE IMMEDIATELY TO

SUSPEND AND DISCONTINUE ANY INVESTIGATION, OR DISCHARGE, SEPARATION,

OR OTHER PROCEEDING, THAT MAY HAVE BEEN COMMENCED UNDER THE "DON'T

ASK , DON'T TELL" ACT, OR PURSUANT TO 10 U.S.C. 654 OR ITS

IMPLEMENTING REGULATIONS, ON OR PRIOR TO THE DATE OF THIS JUDGMENT."

3.  ON 15 OCTOBER 2010, UNDER SECRETARY OF DEFENSE (PERSONNEL AND

READINESS) ISSUED A MEMORANDUM FOR SECRETARIES OF THE MILITARY

DEPARTMENTS WITH THE FOLLOWING DIRECTION:  "YESTERDAY, THE

DEPARTMENT OF JUSTICE FILED AN APPEAL FROM THIS INJUNCTION AND THE

COURT'S EARLIER DECISION THAT SUPPORTS IT, AND IS SEEKING A STAY OF

THE INJUNCTION WHILE THE APPEAL IS PENDING.  IN THE INTERIM, THE

DEPARTMENT OF DEFENSE WILL ABIDE BY THE TERMS OF THE INJUNCTION. 

IT IS POSSIBLE THAT A STAY OF THE INJUNCTION COULD BE ISSUED VERY

SOON, PERHAPS IN A MATTER OF DAYS.  IN THAT EVENT, I WILL ISSUE

ADDITIONAL GUIDANCE.  THE SECRETARIES OF THE MILITARY DEPARTMENTS

SHALL ENSURE IMMEDIATE COMPLIANCE WITH THIS MEMORANDUM.  IT REMAINS

THE POLICY OF THE DEPARTMENT OF DEFENSE NOT TO ASK SERVICEMEMBERS

OR APPLICANTS ABOUT THEIR SEXUAL ORIENTATION, TO TREAT ALL MEMBERS

WITH DIGNITY AND RESPECT, AND TO ENSURE MAINTENANCE OF GOOD ORDER

AND DISCIPLINE.  FURTHER, IN LIGHT OF THE APPEAL AND THE APPLICATION

FOR THE STAY, A CERTAIN AMOUNT OF UNCERTAINTY NOW EXISTS ABOUT THE

FUTURE OF THE DON'T ASK, DON'T TELL LAW AND POLICY.  WE NOTE FOR

SERVICEMEMBERS THAT ALTERING THEIR PERSONAL CONDUCT IN THIS LEGALLY

UNCERTAIN ENVIRONMENT MAY HAVE ADVERSE CONSEQUENCES FOR THEMSELVES OR

OTHERS SHOULD THE COURT'S DECISION BE REVERSED." 

4.  IN MARCH 2010, THE SECRETARY OF DEFENSE ESTABLISHED A

COMPREHENSIVE REVIEW WORKING GROUP (CRWG) TO ASSESS THE IMPLICATIONS

OF A POTENTIAL LEGISLATIVE REPEAL OF 10 USC 654.  OVER THE PAST FEW

MONTHS, THE CRWG HAS REACHED OUT TO OUR FORCE AND OUR FAMILIES TO

UNDERSTAND THEIR VIEWS, AND MANY SAILORS CONTRIBUTED TO THIS EFFORT. 

I AM GRATEFUL FOR YOUR THOUGHTFULNESS AND PROFESSIONALISM.  THE CRWG

CONTINUES ITS EXAMINATION OF POTENTIAL CHANGES TO POLICIES AND

REGULATIONS AND ITS ASSESSMENT OF POTENTIAL IMPACTS OF A CHANGE IN

THE LAW ON MILITARY EFFECTIVENESS, AND IS SCHEDULED TO REPORT ITS

RESULTS TO THE SECRETARY OF DEFENSE ON 1 DECEMBER 2010.           

5.  THE COURT'S INJUNCTION IS VERY BROAD.  IT IS NOT LIMITED SOLELY

TO SUSPENDING SEPARATIONS, BUT CAN IMPACT A NUMBER OF DOD ACTIONS

RELATED TO DON'T ASK DON'T TELL.  WE MUST ADJUST ON SHORT NOTICE IN

ORDER TO FULLY COMPLY WITH THE COURT'S ORDER.  WHAT DOES NOT CHANGE

IS THE IMPORTANCE OF ALL HANDS CONTINUING TO TREAT EVERY SHIPMATE

WITH DIGNITY AND RESPECT, AND FOR ALL TO REMAIN COMMITTED TO THE

GOOD ORDER AND DISCIPLINE THAT ARE THE HALLMARKS OF OUR NAVY.

6.  QUESTIONS REGARDING HOW TO COMPLY IN SPECIFIC CIRCUMSTANCES

SHOULD BE ADDRESSED VIA THE CHAIN OF COMMAND TO THE APPROPRIATE

COMMAND ECHELON HAVING A JUDGE ADVOCATE OR COUNSEL ASSIGNED. 

SAILORS WITH SPECIFIC QUESTIONS REGARDING THEIR OWN SITUATION OR THE

EFFECTS OF THE INJUNCTION ON NAVY POLICY SHOULD BE IMMEDIATELY

REFERRED TO THE NEAREST NAVAL LEGAL SERVICE OFFICE FOR ASSISTANCE.   

7.  RELEASED BY ADMIRAL G. ROUGHEAD, CHIEF OF NAVAL OPERATIONS.


 PermalinkComments (9)TrackBack (0) Subscribe to BlackFive   

Comments

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfadb53ef0133f538fb7c970b

Listed below are links to weblogs that reference Repeal of DADT - Navy's Guidance: