Wednesday, July 20, 2011
TEMPORARY SUSPENSION OF HOMOSEXUAL CONDUCT DISCHARGE PROCESSING
R 081819Z JUL 11ALCOAST 325/11COMDTNOTE 1000SUBJ: TEMPORARY SUSPENSION OF HOMOSEXUAL CONDUCT DISCHARGE PROCESSINGA. COMDT COGARD WASHINGTON DC 152224Z OCT 10, ALCOAST 508/10B. COMDT COGARD WASHINGTON DC 221933Z OCT 10, ALCOAST 518/101. ON 6 JULY 2011, A FEDERAL APPELLATE COURT REINSTATED THEINJUNCTION, ORIGINALLY ISSUED ON 12 OCTOBER 2010, ORDERING THEDEPARTMENT OF DEFENSE TO CEASE ENFORCEMENT OF THE DONT ASK DONT TELLSTATUTE (10 U.S.C. SECTION 654) AND IMPLEMENTING REGULATIONS,INCLUDING DEPARTMENT OF DEFENSE INSTRUCTIONS 1332.14, 1332.30, AND1304.26. REF A ANNOUNCED THE 12 OCTOBER 2010 INJUNCTION. REF BANNOUNCED THE 20 OCTOBER 2010 STAY TO THE INJUNCTION. REFS A AND BARE HEREBY CANCELLED AND THE BELOW GUIDANCE APPLIES.2. AS A MILITARY SERVICE THE COAST GUARD FOLLOWS DOD HOMOSEXUALDISCHARGE POLICIES. ACCORDINGLY, CONSISTENT WITH THE JUDGES ORDERAND DOD GUIDANCE, THIS ALCOAST DIRECTS THE TEMPORARY SUSPENSION OFHOMOSEXUAL CONDUCT DISCHARGE PROCESSING. SUSPEND AND DO NOT INITIATEFACT-FINDING INQUIRIES OR SEPARATION PROCEEDINGS, AND DO NOT TAKEFURTHER ACTION ON PENDING CASES UNTIL FURTHER NOTICE.3. THE DEPARTMENT OF JUSTICE APPEAL IS PENDING. IF THERE IS ASUCCESSFUL APPEAL, I WILL ISSUE ADDITIONAL GUIDANCE.4. IN THE MEANTIME, IT REMAINS THE POLICY OF THE COAST GUARD NOT TOASK SERVICE MEMBERS OR APPLICANTS ABOUT THEIR SEXUAL ORIENTATION, TOTREAT ALL MEMBERS WITH DIGNITY AND RESPECT, AND TO ENSURE MAINTENANCEOF GOOD ORDER AND DISCIPLINE. IN LIGHT OF THE PENDING APPEAL, EVENAS PROGRESS TOWARD REPEAL OF DADT CONTINUES, A CERTAIN AMOUNT OFUNCERTAINTY EXISTS. MEMBERS MUST UNDERSTAND THAT ALTERING THEIRPERSONAL CONDUCT IN THIS LEGALLY UNCERTAIN ENVIRONMENT MAY HAVEADVERSE CONSEQUENCES FOR THEMSELVES OR OTHERS SHOULD THIS COURTSDECISION BE REVERSED.5. RELEASED BY RADM RONALD T. HEWITT, ASSISTANT COMMANDANT FOR HUMANRESOURCES.6. INTERNET RELEASE AUTHORIZED.