Homosexual Conduct (Don't Ask, Don't Tell)
The military's 1993 revision of its policy on homosexuality and military service has been subject to varying interpretations by commands, widespread abuses and has been challenged in various courts. If you are being investigated or are planning to come out to the military, contact a counselor at the GI Rights Hotline immediately. If you are questioned by military authorities say nothing and sign nothing until you have received legal help.
A member of the armed forces may be discharged if found to have engaged in or attempted to engage in a homosexual act; stated that she or he is homosexual (unless the servicemember successfully argues that they will not engage in homosexual acts); or married someone of the same sex (unless the marriage occurred in order to avoid or be released from military duty).
If you are gay, lesbian, or bisexual and want an Honorable discharge, get help from a counselor or attorney. The following suggestions will help you get the discharge you seek, while protecting you from prosecution under military law:
- Write a letter saying that you desire to engage in homosexual acts;
- Do not say or acknowledge having engaged in homosexual acts;
- Do not name names; and
- Do not admit to a history of homosexuality.
Applying for a homosexual discharge forces you to come out to family members, friends or co-workers who did not know of your sexual orientation. Because federal law allows certain types of discrimination against gays and lesbians, this type of discharge might affect your ability to get certain jobs or housing.
If your command harasses you, get help from your counselor or attorney and file a complaint under Article 138 of the Uniform Code of Military Justice. Actions taken to punish you could involve a compulsory urinalysis for suspected drug use, investigations of your private life, and more. Even if you don't experience harassment, a lawyer or counselor can help you protect yourself physically and legally and make sure you don't end up with a bad discharge.
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