R 302007Z MAR 10
UNCLASSIFIED//
MARADMIN 184/10
MSGID/GENADMIN/CMC WASHINGTON DC DMCS//
SUBJ/DEPARTMENT OF DEFENSE (DOD) AMENDMENTS TO POLICY ON SEPARATION FOR HOMOSEXUAL CONDUCT//
REF/A/MSGID:DOC/SECDEF WASHINGTON DC /28AUG2008//
REF/B/MSGID:DOC/SECDEF WASHINGTON DC /11DEC2008//
REF/C/MSGID:DOC/SECDEF WASHINGTON DC/25MAR2010//
NARR/REF A IS DOD INSTRUCTION 1332.14 W/CHANGE 1, ENLISTED ADMINISTRATIVE SEPARATIONS.  REF B IS DOD INSTRUCTION 1332.30 W/CHANGE 1, SEPARATION OF REGULAR AND RESERVE COMMISSIONED OFFICERS.  REF C IS SECDEF MEMO, REVISIONS TO REGULATIONS IMPLEMENTING 10 U.S.C. SECTION 654.//
POC/LTCOL LEON FRANCIS/-/UNIT:HQMC JAM/-/TEL:703-693-8163//
GENTEXT/REMARKS/1.  THIS MARADMIN NOTIFIES ALL MARINE CORPS PERSONNEL THAT THE SECRETARY OF DEFENSE CHANGED THE POLICY FOR SEPARATION OF SERVICEMEMBERS FOR HOMOSEXUAL CONDUCT EFFECTIVE 25 MARCH 2010.  ON 29 MARCH 2010, CHANGE 1 TO BOTH REFS A AND B WERE ISSUED TO FORMALLY INCORPORATE THE CHANGES.  COMMANDERS WILL NO LONGER APPLY THE PROVISIONS OF MCO P1900.16F (MARCORSEPMAN) OR SECNAVINST 1920.6C (ADMINISTRATIVE SEPARATION OF OFFICERS) THAT CONFLICT WITH REFS A AND B.  THE REVISED POLICY PROVISIONS APPLY TO ALL OPEN AND FUTURE FACT-FINDING INQUIRIES AND SEPARATION PROCEEDINGS.  MCO P1900.16F AND SECNAVINST 1920.6C ARE UNDER REVISION AND AMENDMENTS TO THESE DIRECTIVES TO MAKE THEM CONSISTENT WITH REFS A AND B WILL BE COMPLETED WITHIN THE NEXT 30 DAYS.
2.  POLICY CHANGES CONTAINED IN REFS A AND B INCLUDE THE FOLLOWING.
A.  ONLY A GENERAL/FLAG OFFICER WITHIN A SUBJECT'S CHAIN OF COMMAND MAY AUTHORIZE A FACT FINDING INQUIRY REGARDING ALLEGATIONS OF HOMOSEXUAL CONDUCT.
B.  ONLY AN OFFICER GRADE 05 OR ABOVE OR THE CIVILIAN EQUIVALENT MAY CONDUCT ANY SUCH INQUIRIES WHEN ORDERED.
C.  REFINES THE TYPE OF CREDIBLE INFORMATION NECESSARY TO INITIATE AN INQUIRY OR COMMENCE SEPARATION PROCESSING.
D.  INTRODUCES EXAMPLES OF A RELIABLE PERSON UPON WHOSE WORD AN INQUIRY MAY BE INITIATED OR SEPARATION PROCESSING COMMENCED.
E.  ESTABLISHES THAT CERTAIN COMMUNICATIONS ADMITTING TO HOMOSEXUAL CONDUCT WILL NOT BE USED AS THE BASIS FOR SEPARATION UNLESS THE SERVICEMEMBER CONSENTS IN WRITING, SUCH AS COMMUNICATIONS TO CLERGY, ATTORNEYS, PSYCHOTHERAPISTS, MEDICAL PROFESSIONALS, PUBLIC HEALTH OFFICIALS, AND COMMUNICATIONS TO OTHER PROFESSIONALS IN ORDER TO SEEK ASSISTANCE FOR DOMESTIC OR PHYSICAL ABUSE, OR COMMUNICATIONS MADE IN THE COURSE OF A PERSONNEL SECURITY INVESTIGATION.
F.  ONLY A GENERAL/FLAG OFFICER WITHIN A SUBJECT'S CHAIN OF COMMAND MAY BE A SEPARATIONS AUTHORITY FOR SUBSTANTIATED INCIDENTS OF HOMOSEXUAL CONDUCT BY ENLISTED MEMBERS.
G.  SECNAV IS THE SEPARATIONS AUTHORITY FOR SUBSTANTIATED INCIDENTS OF HOMOSEXUAL CONDUCT BY OFFICERS.
3.  AS DIRECTED IN REF C, COMMANDERS MUST EXAMINE ALL PENDING INQUIRIES OR SEPARATION PROCEEDINGS TO ENSURE THEY ARE BEING HANDLED IN A MANNER CONSISTENT WITH THE NEW POLICY.  A SERVICEMEMBER FOR WHOM AN INQUIRY OR SEPARATION PROCEEDING IS OPEN MAY, IN THE SERVICEMEMBER'S DISCRETION, WAIVE EITHER OR BOTH OF THE NEW REQUIREMENTS REGARDING THE MINIMUM GRADE OF THE OFFICER AUTHORIZED TO INITIATE A FACT-FINDING INQUIRY (SEE REF A, ENCLOSURE 5, PARAGRAPH 1.A) OR A SEPARATION PROCEEDING (SEE REF A, ENCLOSURE 3, PARAGRAPH 8.D.(1)(A)).
4.  ANY QUESTIONS CONCERNING CHANGES TO THE POLICY SHOULD BE DIRECTED TO THE APPROPRIATE COMMAND STAFF JUDGE ADVOCATE.  INTERIM GUIDANCE TO COMMAND STAFF JUDGE ADVOCATES WILL BE ISSUED SHORTLY.
5.  THIS IS A COORDINATED DC MRA AND SJA TO CMC MESSAGE.
6.  RELEASE AUTHORIZED BY LTGEN W. J. WILLIAMS, DIRECTOR, MARINE CORPS STAFF.//