IMPORTANT: This guide is effective upon repeal of “Don’t Ask, Don’t Tell” on Tuesday, September 20, 2011. Until then, service members are cautioned about coming out publicly. For more information on SLDN’s warning to service members, visit www.sldn.org.
Policy [hereinafter Stanley Policy Memorandum], attachment DADT Repeal Policy Guidance [hereinafter Policy Guidance], 1 (Jan. 28, 2011). 6 Policy Guidance, supra note 5, at 4. 7 Id. 8 Id. 9 Policy Guidance, supra note 5, at 2. 10 DoDD 1344.10, ¶ 4.1.1. 11 32 C.F.R. § 631.11. 12 Policy Guidance, supra note 5, at 5. 13 http://www.militaryonesource.com. 14 Policy Guidance, supra note 5, at 2. 15 Policy Guidance, supra note 5, at 3. 16 Policy Guidance, supra note 5, at 4. 17 10 U.S.C. § 1034(c). 18 Any person subject to the UCMJ may prefer charges against any other member subject to the Code. Manual for Courts-Martial United States, 2008 Edition ("MCM"), part II, ¶ 307(a). However, the common practice is only commanders, through the aid of command legal officers, prefer charges. 19 “Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made.” 10 U.S.C. § 938. 20 See MCM, part A2, § 938. 21 See 10 U.S.C. § 1034. 22 Id. 23 DEP’T OF DEFENSE DIRECTIVE 1304.19, Appointment of Chaplains for the Military Departments (2007). 24 “The privilege of confidential communication with a Chaplain is a right of every individual and an essential component of the Chaplains ministry.” AR 165-1, ¶ 16-2(a). 25 See, e.g., AIR FORCE MANUAL 52-103, Chaplain Service Readiness Manual, Attachment 10. The quoted language is part of the Covenant and Code of Ethics for Chaplains of the Armed Forces as prescribed by the National Conference on Ministry to the Armed Forces. 26 MCM, MIL. R. EVID. 503. 27 “The [chaplain] is willing to function in a pluralistic environment … and is willing to support directly and indirectly the free exercise of religion by all members of the Military Services, their family members, and other persons authorized to be served by the military chaplaincies.” DoDI 1304.28, ¶ 6.1.2. 28 Policy Guidance, supra note 5, at 3. 29 DOD 6025.18-R, C1.2. 30 MCM, part III, ¶ 513. 31 DOD 6025.18-R, C7.11.1.1. 32 DOD 6025.18-R, C7.11.1.3 33 Policy Guidance, supra note 5, at 5. 34 The Air Force requires that service members notify the servicing MTF within three days of seeking civilian medical care. See AFI 41-210, Patient Administration Functions, ¶ 3.9.1. Service members in the Army must obtain approval prior to seeking civilian medical care except in emergency situations. See AR 40-400, ¶ 10-6. Specific reporting requirements for the Navy and Marine Corps are unavailable online but are listed in NAVMED P-117. 35 10 U.S.C. § 892. 36 10 U.S.C. § 907. 37 MCM ¶ 502. 38 MCM ¶ 504. 39 DEP’T OF DEFENSE REG. 4165.63-M, DoD Housing Management [hereinafter DoD 4165.63-M], Encl. 3, table 2 (2010). 40 Policy Guidance, supra note 5, at 4. 41 Id. 42 Id.
FREEDOM TO SERVE: THE DEFINITIVE GUIDE TO LGBT MILITARY SERVICE
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