EXTRACT FROM DOD DIRECTIVE 1332.14: JAN. 28. 1982 ENLISTED ADMINISTRATIVE SEPARATIONS Homosexuality (Part 1. Section H) 1. Basis a. Homosexuality is incompatible with military service. The presence in the military environment of persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct, seriously impairs the accomplishment of the military mission. The presence of such members adversely affects the ability of the Military Services to maintain discipline, good order, and morale; to foster mutual trust and confidence among servicemembers; to ensure the integrity of the system of rank and command; to facilitate assignment and worldwide deployment of servicemembers who frequently must live and work under close conditions affording minimal privacy; to recruit and retain members of the Military Services; to maintain the public acceptability of military service; and to prevent breaches of security. b. As used in this action: (1) Homosexual means a person, regardless of sex, who engages in, desires to engage in, or intends to engage in homosexual acts; (2) Bisexual means a person who engages in, desires to engage in, or intends to engage in homosexual and heterosexual acts; (3) A homosexual act means bodily contact, actively undertaken or passively permitted between members of the same sex for the purpose of satisfying sexual desires. c. The basis for separation may include preservice, prior service, or current service conduct or statements. A member shall be separated under this section if one or more of the following approved findings is made: (1) The member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are approved further findings that: (a) Such conduct is a departure from the member's usual and customary behavior; (b) Such conduct under all circumstances is unlikely to recur; (c) Such conduct was not accomplished by the use of force, coercion, or intimidation by the member during a period of military service; (d) Under the particular circumstances of the case, the member's continued presence in the Service is consistent with the interest of the Service in proper discipline, good order, and morale; and (e) The member does not desire to engage in or intend to engage in homosexual acts. (2) The member has stated that he or she is a homosexual or bisexual unless there is a further finding that the member is not a homosexual or bisexual. (3) The member has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the persons involved) unless there are further findings that the member is not a homosexual or bisexual and that the purpose of the marriage or attempt was the avoidance or termination of military service. EXTRACT FROM DOD DIRECTIVE 1332.30: FEB. 12, 1986 SEPARATION OF REGULAR COMMISSIONED OFFICERS FOR CAUSE DEFINITIONS Bisexual. A person who engages in, desires to engage in, or intends to engage in both homosexual and heterosexual acts. Homosexual. A person, regardless of sex, who engages in, desires to engage in, or intends to engage in homosexual acts. Homosexual Act. Bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires. ACTS OF MISCONDUCT OR MORAL OR PROFESSIONAL DERELICTION Homosexuality. The basis for separation may include preservice, prior service, or current service conduct or statements. A commissioned officer shall be separated under this section if one or more of the following approved findings is made: a. The officer has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts, unless there are approved further findings that: (1) Such conduct is a departure from the member's usual and customary behavior; (2) Such conduct under all circumstances is unlikely to recur; (3) Such conduct was not accomplished by the use of force, coercion, or intimidation by the officer during a period of military service; (4) Under the particular circumstances of the case, the officer's continued presence in the Service is consistent with the proper discipline, good order, and morale; and (5) The officer does not desire to engage in or intend to engage in homosexual acts. b. The officer has stated that he or she is a homosexual or bisexual unless there is a further finding that the officer is not a homosexual or bisexual. c. The officer has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the persons involved) unless there are further findings that the officer is not a homosexual or bisexual and that the purpose of the marriage or attempt was the avoidance or termination of military service. CHARACTER OF DISCHARGE A discharge shall be characterized as "Honorable" or "Under Honorable Conditions" when the sole basis for separation is homosexuality unless aggravated acts are included in the findings. A separation "under Other Than Honorable Conditions" may be issued if there is a finding that the Service member attempted, solicited, or committed a homosexual act: (1) By using force, coercion, or intimidation. (2) With a person under 16 years of age. (3) With a subordinate in circumstances that violate the customary military superior-subordinate relationship. (4) Openly in public view. (5) For compensation. (6) Aboard a military vessel or aircraft. (7) In another location subject to military control under aggravating circumstances, noted in the finding, that have an adverse impact on discipline, good order, or morale comparable to the impact of such activity aboard a vessel or aircraft. * * * * Prepared by the Legal/Policy Department of the Campaign for Military Service. 2707 Massachussetts Ave, NW Washington, DC 20009. (202) 265-6666.