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'Don't Ask, Don't Tell' law under review for possible repeal

  • Published
  • By By Aletha Frost
  • Public Affairs
Air Force District of Washington --  During the January 2010 State of the Union Address President Barack Obama proposed an assessment of the February 1994 law, called "Don't Ask, Don't Tell," be conducted with the goal of repealing the law. With that guidance, Secretary of Defense Robert Gates established a working group to review the law and to report findings back to his office December 1, 2010.

The Secretary of the Air Force, Chief of Staff and Chief Master Sergeant of the Air Force message to Airmen supports Secretary Gates' proposed assessment of the law.

On March 25 the working group presented its first findings back to Secretary Gates. These findings resulted in fairer and more appropriate enforcement of the 1994 law.

"A finding of 'credible evidence' remains a prerequisite for initiating an inquiry; however, what constitutes credible evidence has been tightened," said Col. Steven Thompson, Air Force District of Washington Staff Judge Advocate.

Each service has 30 days to conform their regulations to the current law; however the revisions were effective immediately upon the Secretary's approval and issuance on March 25, 2010.

The changes include:
-- Only a general or flag officer may separate an enlisted member believed at the conclusion of an investigation to have engaged in homosexual conduct. Under previous policy, a colonel -- or a captain in the Navy and Coast Guard -- could order separation.
-- A revision in what's needed to begin an inquiry or a separation proceeding. Information provided by a third party now must be given under oath.
-- Certain categories of confidential information -- such as information provided to lawyers, clergy and psychotherapists -- no longer will be used in support of discharges. Information provided to medical personnel in furtherance of treatment, or to a public-health official in the course of seeking professional assistance for domestic or physical abuse is also excluded, as well as information obtained in the process of security-clearance investigations, in accordance with existing Pentagon policies.

Secretary Gates stressed that the policy changes are not an attempt to change the law, but rather to prepared to offer Congress reliable information should the law be repealed.

Procedural changes consistent with the current law will be implemented while the assessment is on-going. Until such time as the law is changed, the Air Force will continue to implement the existing law.

"Air Force Instructions are being rewritten and training will be available be soon," said Colonel Thompson.

For more information on Don't Ask, Don't Tell.