MARADMINS : 537/12
R 271700Z SEP 12
UNCLASSIFIED/
MARADMIN 537/12
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP//
SUBJ/MCBUL 5215. CONTINUATION OF POLICY CHANGES AFFECTED BY THE DON'T ASK DON'T TELL (DADT) REPEAL ACT OF TITLE 10, U.S. CODE, SECTION 654//
REF/A/DOC/TITLE 10, U.S. CODE, SECTION 654/YMD:19940124//
REF/B/MSG/CMC WASHINGTON DC/200402ZSEP2011//
REF/C/DOC/CMC WASHINGTON DC/20100908//
REF/D/DOC/CMC WASHINGTON DC/20021001//
REF/E/DOC/CMC WASHINGTON DC/20070318//
REF/F/DOC/CMC WASHINGTON DC/20080205//
REF/G/DOC/CMC WASHINGTON DC/20070606//
REF/H/DOC/CMC WASHINGTON DC/20001016//
REF/I/DOC/CMC WASHINGTON DC/20110502//
REF/J/DOC/CMC WASHINGTON DC/20090605//
REF/K/DOC/CMC WASHINGTON DC/20100825//
REF/L/DOC/CMC WASHINGTON DC/19800321//
REF/M/DOC/CMC WASHINGTON DC/20070510//
REF/N/DOC/CMC WASHINGTON DC/20120504//
REF/O/DOC/CMC WASHINGTON DC/20060418//
NARR/REF A IS TITLE 10, U.S.C., SECTION 654 ("DON'T ASK, DON'T TELL"). REF B IS MARADMIN 532-11, MCBUL 5215 REQUIRED CHANGES TO MARINE CORPS DIRECTIVES TO IMPLEMENT THE REPEAL OF TITLE 10, U.S. CODE, SECTION 654, DON'T ASK, DON'T TELL. REF C IS MCO 1040.31, ENLISTED RETENTION AND CAREER DEVELOPMENT PROGRAM. REF D IS MCO 1130.80A, PRIOR SERVICE AND RESERVE AUGMENTATION ENLISTMENTS INTO THE REGULAR MARINE CORPS. REF E IS NAVMC DIRECTIVE 5040.6H, MARINE CORPS READINESS INSPECTIONS AND ASSESSMENTS. REF F IS MCO 1752.5A, SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. REF G IS MCO P1900.16F, MARINE CORPS SEPARATION AND RETIREMENT MANUAL. REF H IS MCO 7220R.38C, SELECTED RESERVE INCENTIVE PROGRAM. REF I IS MCO 1040R.35, RESERVE CAREER RETENTION AND DEVELOPMENT MANUAL. REF J IS MCO 5530.14A, MARINE CORPS PHYSICAL SECURITY PROGRAM MANUAL. REF K IS MCO 3000.19A, U.S. MARINE CORPS TOTAL FORCE MOBILIZATION, ACTIVATION, INTEGRATION, AND DEACTIVATION PLAN. REF L IS THE MARINE CORPS MANUAL. REF M IS MCO 5215.1, MARINE CORPS DIRECTIVES MANAMGEMENT PROGRAM. REF N IS MCBUL 5215, MARINE CORPS DIRECTIVES MANAGEMENT PROGRAM. REF O IS MCO 5210.11E, MARINE CORPS RECORDS MANAGEMENT PROGRAM//
POC/D. A. REDDING/HQMC ARDB/DIRECTIVES MANAGEMENT/TEL: COMM: 703-614-2311, DSN: 225-2311/EMAIL: DARCY.REDDING@USMC.MIL//
POC/W. MCWATERS/HQMC MRA/MPO/TEL: COMM: 703-784-9386, DSN: 225-9386/EMAIL: WILLIAM.MCWATERS@USMC.MIL//
GENTEXT/REMARKS/1. THE PURPOSE OF THIS BULLETIN IS TO ENSURE THAT CONTINUITY OF POLICY CHANGES REGARDING DON'T ASK DON'T TELL (DADT) REPEAL IDENTIFIED IN REF (B) REMAIN IN EFFECT ACROSS THE MARINE CORPS. ALTHOUGH SEVERAL CHANGES ARE INCORPORATED INTO PERMANENT POLICY, MANY ARE STILL IN PROGRESS. SYNOPSIS OF THESE CHANGES ARE LISTED BELOW:
A. REF (C) (ENLISTED RETENTION AND CAREER DEVELOPMENT PROGRAM).
(1) PAGE 6-7, DELETE LINE: "(C) ALSO, THE FOLLOWING STATEMENT IS REQUIRED: I HAVE BEEN BRIEFED AND UNDERSTAND MARADMIN 259/02, HOMOSEXUAL CONDUCT POLICY." RELETTER SUBSEQUENT PARAGRAPHS.
(2) PAGE 6-17, DELETE LINE IN CONTRACT: "I HAVE BEEN BRIEFED AND UNDERSTAND MARADMIN 259/02, HOMOSEXUAL CONDUCT POLICY."
B. REF (D) (PRIOR SERVICE RESERVE AUGMENTATION ENLISTMENTS INTO THE REGULAR MARINE CORPS).
(1) ENCLOSURE (1), PAGE 1, PARARGRAPH 1: ADD THE FOLLOWING NEW SUBPARAGRAPH D: "D. FORMER SERVICE MEMBERS WHO WERE DISCHARGED SOLELY UNDER U.S.C. SECTION 654 AND WERE ASSIGNED AN RE CODE OF RE-4, WILL BE PROCESSED AS ANY OTHER RE-ACCESSION UNDER MARINE CORPS POLICIES. THEY WILL BE EVALUATED ACCORDING TO THE SAME CRITERIA AND SERVICE REQUIREMENTS APPLICABLE TO ALL PRIOR SERVICE MEMBERS SEEKING RE-ENTRY TO THE MARINE CORPS."
C. REF (E) (MARINE CORPS READINESS INSPECTIONS AND ASSESSMENTS).
(1) APPENDIX B, PAGE B-1, CHECKLISTS CONTAINED IN THE AUTOMATED INSPECTION REPORTING SYSTEM (AIRS): DELETE FUNCTIONAL AREA "030 HOMOSEXUAL CONDUCT MPO-40."
D. REF (F) (SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM).
(1) PAGE A-2, PARAGRAPH 8, DELETE "OF THE OPPOSITE SEX" IN THE DEFINITION OF DOMESTIC ABUSE.
E. REF (G) (MARINE CORPS SEPARATION AND RETIREMENT MANUAL).
(1) CHAPTER 1.
(A) PAGE 1-4, DELETE DEFINITION "8. BISEXUAL" IN ITS ENTIRETY.
(B) PAGE 1-6, DELETE DEFINITION "25. HOMOSEXUAL" IN ITS
ENTIRETY.
(C) PAGE 1-6, DELETE DEFINITION "26. HOMOSEXUAL ACTS" IN ITS
ENTIRETY.
(D) PAGE 1-6, DELETE DEFINITION "27. HOMOSEXUAL CONDUCT" IN
ITS ENTIRETY.
(E) PAGE 1-6, DELETE DEFINITION "28. HOMOSEXUAL MARRIAGE OR
ATTEMPTED MARRIAGE" IN ITS ENTIRETY.
(F) PAGE 1-7, DELETE DEFINITION "42. PROPENSITY" IN ITS
ENTIREY.
(G) PAGE 1-8, DELETE DEFINITION "54. SEXUAL ORIENTATION" IN
ITS ENTIRETY.
(H) PAGE 1-8, DELETE DEFINITION "B. SODOMY" IN PARAGRAPH 55
SEXUAL PERVERSION.
(I) PAGE 1-9, DELETE DEFINITION "56. STATEMENT THAT A MEMBER
IS A HOMOSEXUAL OR BISEXUAL" IN ITS ENTIRETY.
(J) PAGE 1-13, PARAGRAPH 1004.5.A.1.(A), DELETE "OR
HOMOSEXUAL CONDUCT".
(K) PAGE 1-37, PARAGRAPH 1101.5.B(2), DELETE "HOMOSEXUAL
CONDUCT".
(L) PAGE 1-37, PARAGRAPH 1101.5.B.(4)(A), DELETE "HOMOSEXUAL
CONDUCT".
(M) PAGE 1-51, PARAGRAPH 1308.A.(3), DELETE "HOMOSEXUAL
CONDUCT NOT INVOLVING AGGRAVATING FACTORS LISTED IN
PARAGRAPH 6207.5." RENUMBER SUBSEQUENT SUBPARAGRAPHS.
(N) PAGE 1-52, PARAGRAPH 1309.L, DELETE "OR HOMOSEXUAL
CONDUCT THAT INVOLVES AGGRAVATING FACTORS LISTED IN
PARAGRAPH 6207."
(2) CHAPTER 4.
(A) PAGES 4-4 THRU 4-10, DELETE PARAGRAPH 4103.3 "HOMOSEXUAL
CONDUCT" IN ITS ENTIRETY.
(3) CHAPTER 6.
(A) PAGE 6-1, TABLE OF CONTENTS, DELETE "HOMOSEXUAL CONDUCT
6207 6-23."
(B) PAGE 6-5, DELETE DEFINITION "2. BISEXUAL" IN ITS
ENTIRETY.
(C) PAGE 6-6, DELETE DEFINITION "9. HOMOSEXUAL" IN ITS
ENTIRETY.
(D) PAGE 6-6, DELETE DEFINITION "10. HOMOSEXUAL ACTS" IN ITS
ENTIRETY.
(E) PAGE 6-6, DELETE DEFINITION "11. HOMOSEXUAL CONDUCT" IN
ITS ENTIRETY.
(F) PAGE 6-6, DELETE DEFINITION "12. HOMOSEXUAL MARRIAGE OR
ATTEMPTED MARRIAGE" IN ITS ENTIRETY.
(G) PAGE 6-7, DELETE DEFINITION "14. PROPENSITY" IN ITS
ENTIRETY.
(H) PAGE 6-7, DELETE DEFINITION "20. SEXUAL ORIENTATION" IN
ITS ENTIRETY.
(I) PAGE 6-7, DELETE DEFINITION "C. SODOMY" IN PARAGRAPH 21
SEXUAL PERVERSION.
(J) PAGE 6-8, DELETE DEFINITION "22. STATEMENT THAT A MEMBER
IS A HOMOSEXUAL OR BISEXUAL" IN ITS ENTIRETY.
(K) PAGE 6-14, PARAGRAPH 6106.4.B, DELETE "HOMOSEXUAL
CONDUCT".
(L) PAGE 6-15, PARAGRAPH 6108.2, DELETE ENTIRE PARAGRAPH.
(M) PAGE 6-21, PARAGRAPH 6204.3.D, DELETE THE SENTENCE, "IF
THE MATERIAL MISREPRESENTATION INCLUDED PRESERVICE
HOMOSEXUAL CONDUCT, THE PROCEDURES IN PARAGRAPH 6207
SHALL BE APPLIED."
(N) PAGE 6-23 THRU PAGE 6-30, PARAGRAPH 6207, DELETE ENTIRE
PARAGRAPH.
(O) PAGE 6-31, PARAGRAPH 6210.1.A, DELETE ENTIRE PARAGRAPH.
RELETTER SUBSQUENT SUBPARAGRAPHS.
(P) PAGE 6-39, TABLE 6-1, DELETE "PAR. 6207, HOMOSEXUAL
CONDUCT" AND CORRESPONDING NOTES.
(Q) PAGE 6-57, PARAGRAPH 6310.1.A, DELETE "HOMOSEXUAL
CONDUCT".
(R) PAGE 6-58, PARAGRAPH 6311.3, DELETE "HOMOSEXUAL
CONDUCT".
(S) PAGE 6-61, TABLE 6-2, DELETE "HOMOSEXUAL CONDUCT" AND THE
CORRESPONDING NOTES.
(T) PAGE 6-72, PARAGRAPH 6319.5.D, DELETE "HOMOSEXUAL
CONDUCT".
(U) PAGE 6-86, PARAGRAPH 6401.5.A.(1), DELETE "HOMOSEXUAL
CONDUCT".
(4) APPENDIX A.
(A) PAGE A-2, PARAGRAPH 1105 - COURT-MARTIAL, DELETE
"INVOLUNTARY DISCHARGE - (HOMOSEXUAL)."
(B) PAGE A-5, PARAGRAPH 6204.3 - FRAUDULENT ENTRY INTO
MILITARY SERVICE, DELETE "INVOLUNTARY DISCHARGE-
HOMOSEXUAL ACT, ADMISSION OR MARRIAGE (NO BOARD)."
(C) PAGE A-5, PARAGRAPH 6207, DELETE ENTIRE SECTION.
(5) APPENDIX K.
(A) PAGE K-5, FOOTNOTE (9), DELETE "OR (5) FOR HOMOSEXUAL
ACTS, INVOLVING AGGRAVATING CIRCUMSTANCES."
(6) APPENDIX L.
(A) FIGURE L-6.
1. PAGE L-11, DELETE "3. NOTE THAT SECTION VII GOVERNS
HOMOSEXUAL CONDUCT CASES." RENUMBER SUBSEQUENT
SUBPARAGPRAPH.
2. PAGE L-15 THRU L-16, SECTION VII, DELETE ENTIRE
SECTION.
3. PAGE L-21, SECTION XV: SPECIAL INSTRUCTIONS, DELETE
THE THIRD PARAGRAPH AND SUBPARAGRAPHS 1-3 "SRMBR."
(B) FIGURE L-8.
1. PAGE L-24, DELETE "THE SENIOR MEMBER ADVISED THE BOARD
OF THE SPECIAL RULES FOR CASES INVOLVING HOMOSEXUAL
CONDUCT, INCLUDING REFERENCE TO CONGRESSIONAL FINDINGS."
2. PAGE L-26, DELETE "(ADD IF APPLICABLE. THE SENIOR
MEMBER ADVISED THE BOARD OF THE SPECIAL RULES FOR CASES
INVOLVING HOMOSEXUAL CONDUCT.)."
(C) PAGE L-30 THRU L-32, FIGURE L-10. DELETE ENTIRE SECTION.
(7) INDEX.
(A) PAGE INDEX-1, DELETE "HOMOSEXUAL CONDUCT 6207."
(B) PAGE INDEX-5, DELETE "HOMOSEXUALS, SEPARATION, ENLISTED
6207 AND OFFICERS 4103.3".
(C) PAGE INDEX-6, DELETE "HOMOSEXUAL 6207."
F. REF (H) (SELECTED RESERVE INCENTIVE PROGRAM).
(1) PAGE 12, PARAGRAPH 14A(2), DELETE "UNDER THE PROVISIONS OF
REFERENCE (B) RECOUPMENT IS NOT AUTHORIZED IF A MEMBER IS
INVOLUNTARILY SEPARATED FROM THE SMCR FOR HOMOSEXUAL CONDUCT
UNLESS A SPECIFIC WRITTEN FINDING IS MADE BY AN
ADMINISTRATIVE BOARD (OR, IN THE CASE WHERE THE BOARD IS
WAIVED, BY THE SEPARATION AUTHORITY) THAT, DURING THE
CURRENT TERM OF THE SERVICE, THE MEMBER ENGAGED IN
HOMOSEXUAL CONDUCT THAT CONSTITUTES A BASIS FOR RECOUPMENT."
G. REF (I) (RESERVE CAREER RETENTION AND DEVELOPMENT MANUAL).
(1) PAGE 5-20, PARAGRAPH 4.A.3, DELETE ENTIRE PARAGRAPH "I HAVE
BEEN BRIEFED AND UNDERSTAND THE HOMOSEXUAL CONDUCT POLICY,
PER (CITE CURRENT DIRECTIVES ON HOMOSEXUAL CONDUCT)."
RENUMBER SUBSEQUENT SUBPARAGRAPH.
(2) PAGE A-3, DELETE "MARADMIN 259/02 HOMOSEXUAL CONDUCT POLICY"
AS A DIRECTIVE PERTINENT TO CAREER RETENTION.
H. REF (J) (MARINE CORPS PHYSICAL SECURITY PROGRAM MANUAL).
(1) PAGE N-5, REPLACE PARAGRAPH 11.A.8 "8) SEX OFFENSES.
VIOLATIONS OF ART. 120C(2), ART. 125 AND SEX RELATED CRIMES
OF ART. 134." WITH "8) SEX OFFENSES. VIOLATION OF ART. 120C
(2), ART 125 (I.E. NON-CONSENSUAL SODOMY OR SODOMY THAT IS
PREJUDICIAL TO GOOD ORDER AND DISCIPLINE LIKE
FRATERNIZATION) AND SEX RELATED CRIMES OF ART. 134."
(2) PAGE N-6 AND N-7, PARAGRAPH 11.C.24, DELETE THE ENTIRE
PARAGRAPH. RENUMBER SUBSEQUENT SUBPARAGRAPHS.
(3) PAGE N-12, NAVMC 11197 (NUMBER 24 HOMOSEXUALITY) LAW ENFORCEMENT
AND PHYSICAL SECURITY ACTIVITIES REPORT FORM.
I. REF (K) (USMC TOTAL FORCE MOBILIZATION, ACTIVATION, INTEGRATION, AND DEACTIVATION PLAN).
(1) PAGE A-12-6, PARAGRAPH 2.D.4, DELETE THE WORDS, "OR
HOMOSEXUAL."
(2) PAGE A-12-7, PARAGRAPH 2.D.5, DELETE THE WORDS, "OR
HOMOSEXUAL."
J. REF (L) (MARINE CORPS MANUAL).
(1) PAGE 2-26, PARAGRAPH 2603.2.A.5, REMOVE "OR HOMOSEXUAL."
(2) PAGE 2-26, PARAGRAPH 2603.2.A.8, REMOVE "OR HOMOSEXUAL
ACTS."
(3) PAGE 2-26, PARAGRAPH 2603.2.B.2, REMOVE "OR HOMOSEXUAL
ACTS."
2. THE MARINE CORPS ORDERS ABOVE AFFECTED BY THIS CHANGE IN LAW WILL BE UPDATED IN PERMANENT POLICY PRIOR TO 31 JAN 2013. CHANGES TO THESE MCO'S WILL BE SUBMITTED TO HQMC ARDB AS OUTLINED IN REFS (M) AND (N).
3. RECORDS GENERATED BECAUSE of THESE POLICY CHANGES SHALL BE PROPERLY CREATED, MAINTAINED, ACCESSIBLE, AND ARCHIVED IAW GUIDELINES IN REF (O).
4. THIS BULLETIN IS CANCELLED ON 30 SEPTEMBER 2013.
5. THIS BULLETIN IS APPLICABLE TO THE MARINE CORPS TOTAL FORCE.
6. RELEASE AUTHORIZED BY LTGEN R. E. MILSTEAD JR, DEPUTY COMMANDANT FOR MANPOWER AND RESERVE AFFAIRS.//