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.
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Posted
Oct 20 2010, 06:52 AM
by
BLACKFIVE