Almy et al v. United States Department of Defense et al

Filing 50

EXHIBITS re 49 MOTION to Dismiss or, in the Alternative, Motion for Summary Judgment, and Opposition to Plaintiffs' Motion for Partial Summary Judgment filed byDepartment of the Air Force, Department of the Navy, Michael B. Donley, Robert M. Gates, Ray Mabus, United States Department of Defense. (Attachments: # 1 Exhibit)(Related document(s) 49 ) (Parker, Ryan) (Filed on 8/19/2011)

1
2
3
4
5
6
7
8
9

IAN HEATH GERSHENGORN
Deputy Assistant Attorney General
MELINDA L. HAAG
United States Attorney
VINCENT M. GARVEY
Deputy Director
PAUL G. FREEBORNE
Virginia Bar No. 33024
RYAN B. PARKER
Utah Bar No. 11742
U.S. Department of Justice
Civil Division
Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: paul.freeborne@ usdoj.gov

10
Attorneys for Federal Defendants
11
12

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

13
14
15
16
17
18
19
20
21
22
23

)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
UNITED STATES DEPARTMENT OF
)
DEFENSE, ROBERT M. GATES, Secretary of )
Defense; DEPARTMENT OF THE AIR FORCE; )
MICHAEL B. DONLEY, Secretary, Department )
of the Air Force; DEPARTMENT OF THE
)
NAVY; and RAY MABUS, Secretary,
)
Department of the Navy,
)
)
Defendants.
)
)
)
)
MICHAEL D. ALMY, ANTHONY J.
LOVERDE, and JASON D. KNIGHT,

Case No. 3:10-cv-5627 (RS)
EXHIBITS TO DEFENDANTS’
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
DEFENDANTS’ MOTION TO
DISMISS OR, IN THE ALTERNATIVE,
CROSS-MOTION FOR SUMMARY
JUDGMENT AND OPPOSITION TO
PLAINTIFFS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT
Hearing Date: Thursday, October 13,
2011
Time: 1:30 P.M.
Courtroom: San Francisco Courthouse,
Courtroom 3 - 17th Floor 450 Golden
Gate Avenue, San Francisco, CA 94102

24
25
26
27
28
Exhibits to Defendants’ Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss or, in
the Alternative, Cross-Motion for Summary Judgment and Opposition to Plaintiffs’ Motion for Partial Summary
Judgment, Almy v. United States Department of Defense, Case No. 3:10-cv-5627 (RS)

1

EXHIBITS

2
1.

Memorandum for Secretaries of the Military Departments, “Repeal of Don’t Ask, Don’t
Tell” and Future Impact on Policy, dated January 28, 2011

4

2.

Declaration of Patrick A. Count, Department of the Navy, with Enclosures

5

3.

Declaration of Kathy Wardlaw, PhD, Department of the Navy, with Enclosures

6

4.

Declaration of Feroz A. Essa, Department of the Air Force

7

5.

Declaration of Mark Sakowski, Department of the Navy

8

6.

Federal Rule of Civil Procedure 56(d) Declaration of Counsel, Paul G. Freeborne

3

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibits to Defendants’ Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss or, in
the Alternative, Cross-Motion for Summary Judgment and Opposition to Plaintiffs’ Motion for Partial Summary
Judgment, Almy v. United States Department of Defense, Case No. 3:10-cv-5627 (RS)

Memorandum for Secretaries of the Military Departments,
“Repeal of Don’t Ask, Don’t Tell” and Future Impact on Policy,
dated January 28, 2011

UNDER SECRETARY OF DEFENSE
4000 DEFENSE PENTAGON
WASHINGTON, D.C. 20301-4000

JAN L·

I­

,I

PERSONNEL AND
READINESS

MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS
SUBJECT: Repeal of Don't As Don't Tell and Future Impact on Policy
On December 22 od , 2010, the President signed legislation that will lead to the
eventual repeal of 10 U.S.C. § 654 and its implementing regulations (commonly known as
"Don't Ask, Don't Tell"). The legislation provides that repeal will take effect 60 days after
the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff certify
to Congress that the Armed Forces are prepared to implement repeal in a manner that is
consistent with the standards of military readiness, military effectiveness, unit cohesion, and
recruiting and retention of the Armed Forces. Until such time, there are no changes to 10
U.S.c. § 654 nor any existing Department or Service policies.
The purpose of attachment one is twofold: I) to provide the Department's Policy
Guidance that will take effect on the date of repeal (the exact date is not yet known) and 2)
to inform the Military Services about the steps each should take immediately in order to
prepare for the effective date of repeal.
Additionally, the second attachment contains those changes to Department
Instructions and Directives that will be effective on the date of repeal.
It remains the policy of the Department of Defense that sexual orientation is a
personal and private matter, to treat all members with dignity and respect, and to ensure
maintenance of good order and discipline. Leaders will be essential to implementing this
change in policy fairly and consistently. A clear focus on leadership, professionalism, and
respect will enable any change in policy to be executed with minimum disruption to the
force.

CL\\"QLA~
Clifford L. Stanley
Attachments:

As stated

cc:

Chairman of the Joint Chiefs of Staff

Coast Guard, Commandant (CG 1)

General Counsel of the Department of Defense

DADT Repeal Policy Guidance
On the effective date of repeal of Don't Ask, Don't Tell (DADT), which is yet to
be determined, this policy guidance will apply to all military personnel serving in the
Armed Forces of the United States, including those serving in the Reserve components of
the Armed Forces.
In order to prepare to implement the below policy guidance on the effective date
of repeal of DADT, each Service is immediately directed to identify its specific
instructions and regulations related to all policy areas affected by the future repeal of
DADT and prepare draft changes based on the below policy guidance. It is critical to
reemphasize that these policy changes will not be effective until the date of repeal.

Separations
Upon repeal, Services may no longer separate Service members under the
homosexual conduct policy set forth under 10 U.S.C. § 654 and its implementing
regulations. Service members will no longer be subject to administrative separation
based solely on legal homosexual acts, a statement by a Service member that he or she is
a homosexual or bisexual (or words to that effect), or marriage or attempted marriage to a
person known to be of the same biological sex. Members who have an approved
separation date after the effective date of repeal based on proceedings commenced solely
under 10 U.S.C. § 654 and its implementing regulations will have that separation
cancelled and will return to duty.
Additionally, on the date of repeal, Services will cease all pending investigations,
separations, discharges, or administrative proceedings commenced solely under 10
U.S.C. § 654, and its implementing regulations. Services may reprocess if facts afford
another appropriate reason for separation other than IOU .S.C. § 654 and its
implementing regulations. In those cases already begun in which 10 U.S.C. § 654 and its
implementing regulations represent one of multiple reasons for separation, Services will
make a case-by-case determination as to whether to proceed with the separation or to start
the proceedings over again.
DoD discharge codes lB, RA, RB, RC for discharges under 10 U.S.C. § 654 and
its implementing regulations will be discontinued.

Accessions and Recruiting Policy
Upon repeal, statements about sexual orientation or lawful acts of homosexual
conduct will not be considered as a bar to military service or admission to Service
academies, ROTC or any other accession program. Sexual orientation will continue to be
a personal and private matter. Applicants for enlistment or appointment may not be

asked, or be required to reveal, their sexual orientation. All applicants, regardless of any
statements in regard to sexual orientation, will be treated with professionalism and
respect.
The required briefings given to applicants for enlistment and appointment
regarding standards of personal conduct in the armed forces and separations policy will
be amended appropriately to reflect the new policy.

Re-Accessions
Upon repeal, former Service members who were discharged solely under lO
U.S.c. § 654 and its implementing regulations may apply to re-enter the Armed Forces.
They will be evaluated according to the same criteria and Service requirements applicable
to all prior-Service members seeking re-entry into the military at that time. There will be
no preferential treatment for Service members separated solely under 10 U.S.C. § 654
and its implementing regulations. They will be processed as any other re-accession
applicant under Service policies. Services shall continue to consider a Service member's
previous performance and disciplinary record when determining suitability for re-entry.
Services will waive re-entry codes on DD Forms 214 that are based upon
separations under 10 U.S.C. § 654 and its implementing regulations. Applicants will then
be processed on a case-by-case basis in accordance with Service policies.
In considering applications for re-accessions, the Services will not consider to the
detriment of an applicant any separation that was solely for under 10 U.S.c. § 654, and
its implementing regulations. For example, former Service members who were
separated with an honorable discharge (or an uncharacterized discharge for those
occurring during initial training), and who have a separation code in their records
reflecting a separation under 10 U.S.C. § 654 and its implementing regulations, shall be
considered for re-entry according to the most favorable re-entry classification. The
military requirements of the Services will continue to dictate re-accession criteria.

Standards of Conduct
Upon repeal, existing standards of conduct shall continue to apply to all Service
members regardless of sexual orientation. Enforcement of service standards of conduct,
including those related to public displays of affection, dress and appearance, and
fraternization will be sexual orientation neutral. All members are responsible for
upholding and maintaining the high standards of the U.S. military at all times and at all
places. Services retain the authority provided by law, Department and Service
regulations to counsel, discipline, and involuntarily separate those Service members who
fail to obey established standards.

2

Leaders at all levels are entrusted to ensure the impartial administration of these
standards and to hold Service members accountable. In cases where conduct is
prohibited, leaders shall be expected to take such appropriate corrective or disciplinary
action as they determine may be necessary to preserve morale, good order and discipline,
unit cohesion, military readiness, and combat effectiveness.
In order to meet the intent of this policy guidance, each Service is directed to
immediately review its standards of personal and professional conduct policies and
procedures to ensure that they provide adequate guidance in relevant areas, apply
uniformly to all personnel, and promote an environment free from personal, social or
institutional barriers that prevent Service members from rising to their highest potential.
Place special emphasis in such review on the following areas: public displays of affection
(PDA), dress and appearance, nepotism, unprofessional relationships, conflicts of
interest, and zero tolerance for harassment and hazing. Standards of conduct shall clearly
address the responsibility of leaders, supervisors, and subordinate personnel at all levels
to foster unit cohesion, good order and discipline, respect for authority, and mission
accomplishment.

Additional Guidance

Moral and Religious Concerns/Freedom ofSpeech
Policies regarding Service members' individual expression and free exercise of
religion already exist and are adequate. In today's military, people of different moral and
religious values work, live and fight together. This is possible because they treat each
one another with dignity and respect. This will not change. There will be no changes
regarding Service member exercise of religious beliefs, nor are there any changes to
policies concerning the Chaplain Corps of the Military Departments and their duties. The
Chaplain Corps' First Amendment freedoms and their duty to care for all will not change.
When Chaplains are engaged in the performance of religious services, they may not be
required to engage in practices contrary to their religious beliefs. Service members will
continue to respect and serve with others who may hold different views and beliefs.

Equal Opportunity
All Service members, regardless of sexual orientation, are entitled to an
environment free from personal, social, or institutional barriers that prevent Service
members from rising to the highest level of responsibility possible. Harassment or abuse
based on sexual orientation is unacceptable and will be dealt with through command or
inspector general channels.

3

Sexual orientation will not be considered along with race, color, religion, sex, and
national origin as a class under the Military Equal Opportunity (MEO) program and
therefore will not be dealt with through the MEO complaint process.
In order to meet the intent of this policy guidance, DoD, Military Departments,
and Service IV1EO programs will immediately review their current IV1EO Programs as
established in DODD 1350.2 Department ofDefense Military Equal Opportunity (MEO)
Program to ensure consistency with this policy.

Collection and Retention ofSexual Orientation Data
Sexual orientation is a personal and private matter. DoD components, including
the Services are not authorized to request, collect, or maintain information about the
sexual orientation of Service members except when it is an essential part of an otherwise
appropriate investigation or other official action.

Personal Privacy
The creation of separate bathroom facilities or living quarters based on sexual
orientation is prohibited, and Commanders may not establish practices that physically
segregate Service members according to sexual orientation.
Personal privacy is a concern for many Service members. Members of the Armed
Forces accept living and working conditions that are often austere, primitive, and
characterized by forced intimacy with little or no privacy. Consistent with current policy,
Commanders will continue to maintain the discretion to alter berthing or billeting
assignments in accordance with Service policy in the interest of maintaining morale,
good order and discipline, and consistent with performance of the mission.

Benefits
There will be no changes at this time to eligibility standards for military benefits,
including applicable definitions. Service members and their opposite-sex spouses receive
a range of entitlements and benefits depending on eligibility. The Defense of Marriage
Act, I U.S .C. § 7, and the existing definition of "dependent" in some laws, prohibit
extension of many military benefits-such as medical care, travel and housing
allowances, and other benefits-to same-sex couples.
All Service members will continue to have various benefits for which they may
designate beneficiaries in accordance with the rules governing each program. Some
Service members may not have taken full advantage of these designations prior to repeal
ofDADT. The Services will reemphasize the opportunity to designate beneficiaries for
these benefits to all its Service members. Such benefits include the following:
4

1.
2.
3.
4.
5.
6.
7.
8.

Service Member's Group Life Insurance (SGLI) Beneficiary
Post Vietnam-Era Veterans Assistance Program (VEAP) Beneficiary
GJ. Bill Death Beneficiary
Death Gratuity Beneficiary
Final Settlement of Accounts Beneficiary
Wounded Warrior Act Designated Caregiver
Thrift Savings Plan (TSP) Beneficiary
Survivor Benefit Plan Beneficiary

Although there will be no changes to benefits eligibility on the date of repeal, the
Department will continue to study existing benefits to determine those, if any, that should
be revised, based on policy, fiscal, legal, and feasibility considerations, to give the
Service member the discretion to designate a person or persons of their choosing as a
beneficiary.

lvfedical Policy
There will be no changes to existing medical policies. The Surgeons General of
the Military Departments have determined that repeal of DADT does not affect the
military readiness of the force and that changes to medical policies are not necessary.

Duty Assignment
There will be no changes to assignment policies. All Service members will
continue to be eligible for world-wide assignment without consideration of sexual
orientation. Service members assigned to duty, or otherwise serving in countries in
which homosexual conduct is prohibited or restricted, will abide by the guidance
provided to them by their local commanders.

Release from Service Commitments
There will be no new policy to allow for release from service commitments for
Service members opposed to repeal of 10 U.S.c. § 654 or to serving with gay and lesbian
Service members. Service members may request to be voluntarily discharged under the
plenary authority of the Military Department Secretary concerned, or other appropriate
authority based upon the specific facts of each case. Such discretionary discharge may
only be granted when the Military Department Secretary concerned has determined the
early separation would be in the best interest of the Service.

5

Claims for Compensation and Retroactive Full Separation Pay
The Department will not authorize compensation of any type, including retroactive
full separation pay, for those previously separated under lO U.S.C. §654 and its
implementing regulations.

6

Declaration of Patrick A. Count,
Department of the Navy, with Enclosures

1910-148
CH-11, 29 Apr 2005
Page 1 of 7

MILPERSMAN 1910-148
SEPARATION BY REASON OF HOMOSEXUAL CONDUCT
Responsible NAVPERSCOM
Office
(PERS-4832)

References

Phone:

DSN
COM
FAX

882-4432
[phone]
882-2624

(a) CNO WASHINGTON DC 281833Z OCT 99
(NAVADMIN 291/99)
(b) CNO WASHINGTON DC 010300Z MAR 94
(NAVADMIN 033/94)
(c) Uniform Code of Military Justice (UCMJ),
Article 31(b)
(d) Manual for Courts-Martial (MCM) United States
(e) CNO WASHINGTON DC 131430Z APR 00
(NAVADMIN 094/00)
(f) BUPERSINST 1900.8A

1. Policy. Separation processing is mandatory if the
commanding officer (CO) believes, based on credible information,
the servicemember has committed homosexual conduct as defined in
MILPERSMAN 1900-010.
2. Separation Authority. Commander, Navy Personnel Command
(COMNAVPERSCOM) serves as separation authority for all cases
involving homosexual conduct.
3.

Separation Basis
a.

Homosexual conduct exists if a servicemember has
(1) engaged in a homosexual act;

(2) married or attempted to marry a person of the same
biological sex; or
(3) stated that he/she is a homosexual or bisexual, or
made other statements indicating a propensity or intent to
engage in homosexual acts.
b. Sexual orientation (e.g., heterosexual, homosexual, and
bisexual) is considered a personal and private matter, and is

1910-148
CH-11, 29 Apr 2005
Page 2 of 7
not a bar to continued service unless manifested by homosexual
conduct as defined in MILPERSMAN 1900-010.
c. Processing is not required if member committed
homosexual conduct to avoid or terminate military service, and
separation is not in the best interest of Navy.
4.

Fact-Finding Inquiries

a. If the CO questions the credibility of evidence of
homosexual conduct, a fact-finding investigation may be
necessary. An investigation is not mandatory and only a CO can
authorize it. Sole purpose of an investigation is to uncover
further information to assist the CO in determining whether the
alleged homosexual conduct actually occurred.
b. As explained in reference (a), before a CO authorizes an
investigation concerning alleged homosexual conduct, the
command’s judge advocate should consult with the senior judge
advocate assigned to the general court-martial convening
authority or higher authority. COs without assigned judge
advocates should consult directly with a senior judge advocate
in their chain of command, or seek assistance in securing such
advice from Navy Trial Service Offices or Navy Personnel Command
(NAVPERSCOM). Consultation should occur prior to initiation of
any investigation.
c. COs may personally conduct the inquiry or appoint an
investigating officer.
d. As explained in reference (b), members shall not be
asked nor required to reveal their sexual orientation; however,
when credible information indicates homosexual conduct, members
may be asked if they engaged in such conduct. Prior to any
questioning, members suspected of homosexual conduct should be
advised of the Department of Defense (DOD) policy on homosexual
conduct and apprised of their rights per reference (c), if
applicable.
e. If a CO has credible evidence of possible criminal
conduct, the procedures outlined in reference (d) and other
Secretary of the Navy (SECNAV) regulations/directives must be
followed.
f. Where a servicemember has stated that he/she is a
homosexual or bisexual and does not contest separation, little

1910-148
CH-11, 29 Apr 2005
Page 3 of 7
or no investigation should be necessary. A commander who
suspects that a servicemember has made such a statement for
purpose of seeking separation from Naval Service in order to
avoid a service obligation, and who believes the member is not a
person who engages in, attempts to engage in, has a propensity
to engage in, or intends to engage in homosexual acts, may
initiate a more substantial investigation only when authorized
by SECNAV (Assistant Secretary of the Navy, Manpower and Reserve
Affairs (ASN(M&RA)).
g. A request for authorization may be forwarded to
NAVPERSCOM, Enlisted Performance and Separations Section
(PERS-4832) for coordination with SECNAV (ASN(M&RA)). Request
will provide facts surrounding disclosure, an explanation of why
further inquiry is appropriate, and an assessment of any
potential disadvantage of an extended inquiry.
h. The following is a definition of “substantial inquiry”:
As explained in reference (e), a substantial inquiry to
determine whether a statement was made for the purpose of
seeking separation from the military service in order to avoid a
service obligation is an inquiry that extends beyond questioning
the member who made the statement, and/or a third party who
reports that a member made a statement, individuals suggested by
the member for interview, and the member’s immediate supervisory
chain of command.
5. Credible Information. This table provides some examples of
when credible information exists or does not exist to support
initiating fact-finding inquiries:
Credible
information...
does not exist

WHEN...
•

the only information is the opinion of others that a
member is homosexual;

•

information is based on rumor, suspicion, or capricious
claims concerning a member’s sexual orientation; or

•

the only known information is associational activity
such as frequenting homosexual bars, possessing/reading
homosexual publications, associating with known
homosexuals, or marching in a homosexual rights rally in
civilian clothes. (Such activity, in and of itself,
does not provide evidence of homosexual conduct.)

1910-148
CH-11, 29 Apr 2005
Page 4 of 7

Credible
information...

WHEN...
•

member states they are homosexual/bisexual, or married
to a member of the same sex, or have engaged in
homosexual acts;

•

a reliable person has observed or heard a member
engaging in homosexual acts;

•

a reliable person states they heard, observed, or
discovered a member make a spoken/written statement that
a reasonable person would believe was intended to convey
the fact they engage in, attempt to engage in, or have a
propensity to engage in homosexual acts; or

•

does exist

a reliable person states they have observed behavior
that amounts to a non-verbal statement by a member they
are homosexual or bisexual (i.e., behavior that a
reasonable person would believe was intended to convey
the member engages in, attempts to engage in, or has the
propensity to engage in homosexual acts).

6. Processing Procedures. Administrative Board Procedure
(MILPERSMAN 1910-404) must be used. Least favorable
characterization for cases based on homosexual acts and/or
marriage must state Under Other Than Honorable (OTH). For
cases where sole basis for processing is an admission by the
servicemember that he/she is a homosexual or bisexual, least
favorable characterization may be General (Under Honorable
Conditions) (GEN).
7. Verbatim Processing Reasons. Reason for processing cited on
member’s notice of an Administrative Board Procedure must state
the member is being processed for:
“HOMOSEXUAL CONDUCT AS EVIDENCED BY:
in its entirety)

(one or more of the following phrases

a. member’s statement that he/she is a homosexual or bisexual, or words
to that effect, which creates a rebuttable presumption that he/she engages
in, attempts to engage in, has a propensity to engage in, or intends to
engage in homosexual acts; and/or
b. member engaging in, attempting to engage in, or soliciting another to
engage in a homosexual act(s); and/or
c. member’s marriage or attempted marriage to a person known to be of
the same biological sex.”

1910-148
CH-11, 29 Apr 2005
Page 5 of 7
8. Mandatory Separation.
separation is mandatory.
A member
must
be...
separated

retained

WHEN there is
an approved
finding
the...
member made a
statement
that he/she
is a
homosexual or
bisexual, or
words to that
effect
member
committed
homosexual
act(s)

member
married or
attempted to
marry a
person known
to be of the
same
biological
sex
board does
not find
sufficient
evidence that
homosexual
conduct
exists (See
Note 1.)

Use this table to determine when

UNLESS there are further
approved findings that...
the member has demonstrated that
he/she does not engage in, or
have a propensity to engage in,
homosexual act(s). (See Notes 1
and 2.)

THEN the
administrative
board may
recommend...
retention

•

such acts are a departure
from the member’s usual
behavior; and
• such acts are unlikely to
recur; and
• such acts were not
accomplished by use of force,
coercion, or intimidation;
and
• under the particular
circumstances of the case,
the member’s continued
presence in Navy is
consistent with Navy’s
interest in good order and
discipline, and morale; and
• the member does not have a
propensity to engage in
homosexual acts. (See
Note 1)
(See Note 1.)

retention using
the homosexual
conduct board
findings/
recommendations
sheet per
MILPERSMAN
1910-516.

the case involves another basis
for separation (e.g.,
misconduct, etc.) which member
was notified of and a basis for
separation is recommended.

separation for
the other basis

1910-148
CH-11, 29 Apr 2005
Page 6 of 7
NOTES:
1. The member bears the burden of proving by a preponderance of the evidence
that retention is warranted.
2. In determining whether a member has successfully rebutted the homosexual
acts presumption, the following (not all inclusive) may be considered:
a.

Whether the member has engaged in homosexual acts.

b.

Member’s credibility.

c.

Nature and circumstances of member’s statement.

d. Testimony from others regarding member’s past conduct, character and
credibility.

9.

Characterization of Separation
a.

Use this table to determine characterization of service.
WHEN...

during the current term of service, the member
attempted, solicited, or committed a homosexual act
with aggravating circumstances as follows:

THEN separation
type...
can be OTH per
MILPERSMAN
1910-300

•
•
•

by using force, coercion, or intimidation;
with a person under age 16;
with a subordinate in circumstances that violate
customary naval superior-subordinate relationships;
• openly in public view;
• for compensation;
• aboard a naval vessel or aircraft; or
• in another location subject to naval control, under
aggravating circumstances that adversely impact good
order and discipline; or morale-comparable to the
impact created by such activity aboard a vessel or
aircraft
processing by reason of statement (see Note) or
homosexual acts or marriage do not meet criteria for
OTH consideration cited above

may be GEN or
Honorable (HON)
per MILPERSMAN
1910-300
NOTE: Characterization of service is based on service record in cases of
homosexual conduct with no evidence (including admissions) of aggravating
circumstances.

b. If the member has less than 180 days of service, an
Entry Level Separation may be appropriate. See MILPERSMAN
1910-308.

1910-148
CH-11, 29 Apr 2005
Page 7 of 7
c. MILPERSMAN 1910-300 provides additional characterization
guidance.
10. Separation Program Designator (SPD).
the following SPD codes are to be used:

Per reference (f),

SPD CODES

EXPLANATION

GRA-Homosexual Conduct (Acts)
GRB-Homosexual Conduct (Statement)
GRC-Homosexual Conduct (Marriage or
Attempted Marriage)
HRA-Homosexual Conduct (Acts)
HRB-Homosexual Conduct (Statement)
HRC-Homosexual Conduct (Marriage or
Attempted Marriage)

Involuntary discharge, approved
recommendation of a board. (Use when
administrative board was held.)
Involuntary discharge in lieu of
further processing or convening of a
board. (Use when administrative board
was waived.)