Servicemembers Legal Defense Network
Total Page:16
File Type:pdf, Size:1020Kb
Servicemembers Legal Defense Network THE SURVIVAL GUIDE A COMPREHENSIVE GUIDE TO “DON’T ASK, DON’T TELL” AND RELATED MILITARY POLICIES FIFTH EDITION 2007 # ACKNOWLEDGEMENTS Servicemembers Legal Defense Network (SLDN) would like to acknowledge the authors and editors of this edition of the Survival Guide: Sharon Alexander, Sharra E. Greer, and Kathi S. Westcott. We would also acknowledge the contributors to this edition: Emily Hecht, Aaron Tax, Matt Rudolphi, Spencer Layton, Sean Rowley, Amy Bivins, Steve Lessard, Mischere Kawas, Rebecca Sawyer, James Burke, Heather Sarver and Sadie Davis. SLDN would also like to acknowledge the following contributors for their work on the previous editions: Lara Ballard, Michelle M. Benecke, Jeffery M. Cleghorn, Michael Gaffney, Kathleen Gilberd, Paula M. Neira, Steve Ralls, C. Dixon Osburn, Bridget Wilson and David Young. Lastly, SLDN gratefully acknowledges the assistance of the Stanford Public Interest Law Foundation in funding the production of previous editions of this Survival Guide. Photography by Judy G. Rolfe. Service member images by section: I. Martin Chin, Maj., USAF (Former); II. Galen Grant, CPT, USA (Former); III. Austin Rooke, CPT, USA (Former); IV. Lee Quillian, CPO, USN (Retired); V. Brian Fricke, Sgt, USMC (Former); VI. Lauren Brown, Amn, USAF (Former); VII. Steve May, 1LT, USAR (Retired); VIII. David A. Hall, SSgt, USAF (Former); IX. Jason Daniel Knight, PO2, USN (Former); X. Frank Kameny, PFC , USA (Former); XI. Denise Liggett, Cpl, USMC (Former), ENS, USNR (Former); XII. Vance Coleman, MG, USA (Retired). Design by Audrey Denson, densondesign.com. # DEDICATION To those who have served and continue to serve faithfully in enforced silence to secure for America the freedom that is denied to them. # Copyright: Prepared by the Servicemembers Legal Defense Network. All rights reserved. For permis - sion to reproduce all or portions of this Survival Guide for other than personal use, please contact Servicemembers Legal Defense Network. Copyright © 2007 Servicemembers Legal Defense Network SERVICEMEMBERS LEGAL DEFENSE NETWORK A VISION. Freedom to Serve A MISSION. SLDN is a national, non-profit legal services, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by Don’t Ask, Don’t Tell and related forms of intolerance. GOALS FOR FREEDOM. Lift the ban preventing gays, lesbians and bisexuals from serving openly and honestly in the military. Provide free legal services to service members harmed by Don’t Ask, Don’t Tell and related, discriminatory policies. Protect service members from harassment based on perceived sexual orientation or gender identity. Advocate for policies and practices that improve the lives of service members. Support service member and veteran pride as lesbian, gay, bisexual or transgender persons. Strengthen organizational capacity to assure the freedom to serve in the most cost-effective, strategic fashion. Please send comments, additions and suggestions about this guide to [email protected] I. ABOUT THE SURVIVAL GUIDE . 1 S T N E T II. SERVICE MEMBERS’ LEGAL RIGHTS . 3 N O C F III. FREE LEGAL HELP . 5 O E L B A IV. AN OVERVIEW OF “DON’T ASK, DON’T TELL” . 7 T A. The History of the Law . 7 B. The “Don’ts” in “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass” . 8 C. The Three Things That Will Get You Discharged . 9 1. Statements . 10 2. Acts . 10 3. Marriage . 11 D. Important Articles of the Uniform Code of Military Justice (UCMJ) . 11 1. Article 31 – The Right to Remain Silent . 11 2. Article 125 – Sodomy . 11 3. Articles 133 and 134 – Conduct Unbecoming, General Article . 12 V. WHO IS AFFECTED BY “DON’T ASK, DON’T TELL” . 13 A. Active Duty . 13 B. Reserve Personnel . 14 C. National Guard Members . 14 D. Individual Ready Reserves (IRR) . 14 E. Civil Air Patrol, United States Coast Guard Auxiliary and State Defense Forces . 14 i F. National Oceanic and Atmospheric Administration (NOAA) and E D I Public Health Service (PHS) . 15 U G G. Merchant Marines . 15 L A V I H. Students . 15 V R U 1. Delayed Entry Program (DEP) . 15 S 2. Service Academies . 15 • K 3. Junior Reserve Officers Training Corps (JROTC) . 15 R O 4. Reserve Officer Training Corps (ROTC) . 16 W T E I. Transgender Individuals . 16 N E 1. Enlistment / Appointment / Commissioning . 16 S N E 2. Currently Serving Members . 16 F E 3. Members of the IRR . 17 D L A J. Military Retirees and Veterans . 17 G E K. Civilian Department of Defense Employees . 18 L S R E B VI. TIPS ON SERVING IN THE CLOSET . 19 M E A. Low Risk Activities and Actions . 19 M E C 1. Association with “Known Homosexuals” . 19 I V R 2. Frequenting Gay Bars, Possessing Gay Publications, Attending E S Pride and Other Gay Events . 19 B. Actions Likely to Result in Discharge . 20 1. Engaging in Homosexual Acts . 20 2. Possessing or Appearing in Pornography . 20 3. Inappropriate or Unapproved use of Computers . 21 4. Internet Usage and Online Profiles . 22 5. Use of Non-confidential Phones, Cellular Phones and Camera Phones . 22 C. Common Situations that Raise Risks for Gay Service Members . 23 1. Inspections of Rooms, Personal Property and Vehicles . 23 2. Daily Conversations and Questions about Private Lives . 23 3. Facing Anti-Gay Harassment and Threats . 23 4. Sexual Harassment of Women . 25 5. Extortion and Blackmail . 25 6. Undergoing a Security Clearance Investigation . 26 7. AWOL (Absence Without Leave) / UA (Unauthorized Absence) . 27 8. Safely Making Complaints . 27 9. Doctors and Psychotherapists . 29 10. HIV/AIDS . 30 11. Military Chaplains . 31 12. Interactions with Civilian Police . 32 D. Family Situations - Parents, Partners and Children . 32 1. Records of Commitment and Marriage . 33 2. Emergency Situations . 33 3. Insurance Beneficiaries . 34 4. Pregnancy and Adoption . 35 5. Breaking Up . 36 VII. “DON’T ASK, DON’T TELL” INVESTIGATIONS AND DISCHARGE PROCESS . 37 A. “Don’t Ask, Don’t Tell” Inquiries and Investigations . ..