THE SECRETARY OF DEFENSE
                 WASHINGTON, THE DISTRICT OF COLUMBIA



                             JULY 19, 1993



MEMORANDUM FOR THE SECRETARY OF THE ARMY
                   SECRETARY OF THE NAVY
                   SECRETARY OF THE AIR FORCE
                   CHAIRMAN, JOINT CHIEFS OF STAFF

SUBJECT:  Policy on Homosexual Conduct in the Armed Forces

    On January 29, 1993, the President directed me to review DoD
policy on homosexuals in the military.  The President further
directed that the DoD policy be "practical, realistic, and
consistent with the high standards of combat effectiveness and
unit cohesion our armed forces must maintain."

      An extensive review was conducted.  I have paid careful
attention to the hearings that have been held by both the House
and Senate Armed Services Committees, conferred with the Joint
Chiefs and acting Secretaries of the Military Departments and
considered recommendations of a working group of senior officers
in the Department of Defense and those of the Rand Corporation.

      The Department of Defense has long held that, as a general
rule, homosexuality is incompatible with military service because
it interferes with the factors critical to combat effectiveness,
including unit morale, unit cohesion and individual privacy. 
Nevertheless, the Department of Defense also recognizes that
individuals with a homosexual orientation have served with
distinction in the armed services of the United States.

      Therefore, it is the policy of the Department of Defense to
judge the suitability of persons to serve in the armed forces on
the basis of their conduct. Homosexual conduct will be grounds
for separation from the military services.  Sexual orientation is
considered a personal and private matter, and homosexual
orientation is not a bar to service entry or continued service
unless manifested by homosexual conduct.

      I direct the following:

      Applicants for military service will not be asked or
required to reveal their sexual orientation.  Applicants will be
informed of accession and separation policy.

      Servicemembers will be separated for homosexual conduct.

      Commanders and investigating agencies will not initiate
inquiries or investigations solely to determine a member's sexual
orientation.  Servicemembers will not be asked or required to
reveal their sexual orientation.  However, commanders will
continue to initiate inquiries or investigations, as appropriate,
when there is credible information that a basis for discharge or
disciplinary action exists.  Authority to initiate inquiries and
investigations involving homosexual conduct shall be limited to
commanders.  Commanders will consider, in allocating scarce
investigative resources, that sexual orientation is a personal
and private matter.  They will investigate allegations of
violations of the Uniform Code of Military Justice in an even-
handed manner without regard to whether the conduct alleged is
heterosexual or homosexual or whether it occurs on-base or off-
base.  Commanders remain responsible for ensuring that
investigations are conducted properly and that any abuse of
authority is addressed.

      The constraints of military service require servicemembers
to keep certain aspects of their personal lives private for the
benefit of the group.  Our personnel policies will be clearly
stated and implemented in accordance with due process of law.

      Commanders remain responsible for maintaining good order and
discipline.  Harassment or violence against other servicemembers
will not be tolerated.

      Homosexual conduct is a homosexual act, a statement by the
servicemember that demonstrates a propensity or intent to engage
in homosexual acts, or a homosexual marriage or attempted
marriage.

      A statement by a servicemember that he or she is homosexual
or bisexual creates a rebuttable presumption that the
servicemember is engaging in homosexual acts or has a propensity
or intent to do so.  The servicemember has the opportunity to
present evidence that he does not engage in homosexual acts and
does not have a propensity or intent to do so.  The evidence will
be assessed by the relevant separation authority.

      A homosexual act includes any bodily contact, actively
undertaken or passively permitted, between members of the same
sex for the purpose of satisfying sexual desires or any bodily
contact which a reasonable person would understand to demonstrate
a propensity or intent to engage in homosexual acts.  Sexual
orientation is a sexual attraction to individuals of a particular
sex.

      The interim policy and administrative separation procedures
that I established on February 3, 1993, will remain in effect
until October 1, 1993.  Secretaries of the Military Departments
and responsible officials within the Office of the Secretary of
Defense shall, by October 1, 1993, take such actions as may be
necessary to carry out the purposes of this directive. 
Secretaries of the Military Departments will ensure that all
members of the armed forces are aware of their specific
responsibilities in carrying out this new policy.  This
memorandum creates no substantive or procedural rights.  Any
changes to existing policies shall be prospective only.

      Policy Guidelines are attached.

                                   Les Aspin

cc: Secretary of Transportation