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122244894
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Gays in the Military Policies
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122244894
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Gays in the Military Policies
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Records of the Office of the Counsel to the President (Clinton Administration)
Cliff Sloan's Files
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122244894
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42-t-7409214-20150017F-006-008-2017
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FOIA Number: 2015-0017-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Cliff Sloan
Subseries:
OA/ID Number:
4660
FolderID:
Folder Title:
Gays in the Military Policies
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Section:
Shelf:
Position:
S
108
2
1
3
grounds for separation from the military services. Homosexual conduct includes homosexual
acts, a statement by a member that demonstrates a propensity or intent to engage in homosexual
acts, or a homosexual marriage or attempted marriage. A statement by a member that
demonstrates a propensity or intent to engage in homosexual actsF- such as a statement by the
member that he or she is a homosexual is grounds for separation not because it reflects the
member's sexual orientation, but because the statement indicates a likelihood that the member
engages or will engage in homosexual acts.
b. A member shall be separated under this section if one or more of the following
approved findings is made:
(1) During a period of military service the member has engaged in, attempted to engage in,
or solicited another to engage in a homosexual act or acts, unless there are approved further
findings that:
(a) Such acts are a departure from the member's usual and customary behavior;
(b) Such acts under all the circumstances are unlikely to recur;
or, the
case of
(c) Such acts were not accomplished by use of force, coercion, or
preservice
intimidation;
acts, are
(d) Under the particular circumstances of the case, the member's continued
remote
presence in the Armed Forces is consistent with the interest of the Armed Forces in proper
time
discipline, good order, and morale; and
(e) The member does not have a propensity or intent to engage in homosexual acts.
(2) Before entering military service, the member engaged in a homosexual act or acts,
and the act or acts demonstrate a current propensity or intent to engage in homosexual acts
he or she is a homosexual or bisexualion words to that effect,
(3) The member has made a statement thatldemonstrates that the member engages-
t
in or has a propensity or intent to engage in hom icts, unless there is a further approved
finding that the member has demonstrated that itc or she is not a person who engages in, attempts
to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
(a) A statement by a Service member that he or she is homosexual or bisexual,
or words to that effect, creates a rebuttable presumption that the Service member is engaging in
homosexual acts or has a propensity or intent to do so. The Service member shall be advised of
this presumption and given the opportunity to rebut the presumption by presenting evidence that
he or she does not engage in homosexual acts and does not have a propensity or intent to do so.
Propensity to engage in homosexual acts means more than an abstract preference or desire to
engage in homosexual acts; it indicates a likelihood that a person engages or will engage in
homosexual acts. In determining whether a member has successfully rebutted the presumption
that he or she engages in or has a propensity or intent to engage in homosexual acts, some or all
of the following may be considered:
1-10
Gogs the -
the military
of
Oremote are intrue
PROPOSED REVISIONS TO ACCESSIONS POLICY
/
Refer to Tab B-1, pages 2-5 and 2-6
current
Section 8.b (1) :
An applicant shall be rejected for entry into the Armed
Forces if, in the course of the accession process, evidence is
received demonstrating that the applicant engaged in, attempted
to engage in, or solicited another to engage in a homosexual act
or acts, unless there is a further determination that (a) such
acts are a departure from the applicant's usual and customary
behavior, (b) such acts, under all the circumstances, are
unlikely to recur, (c) such acts were not accomplished by use of
force, coercion, or intimidation, and (d) the applicant does not
have a propensity or intent to engage in homosexual acts. Such a
determination shall be based solely upon the evidence obtained in
the normal accession process.
Note: This language is derived from the statutory language
(pertaining to separation policy) and from our separation
directives. The last sentence means simply that we are not
setting up a new administrative procedure to handle these cases.
The determination of whether an applicant has demonstrated that
he does not engage in acts, etc., will probably be made by a
regional accession authority (as would be prescribed in Service
regulations).
Section 8.b (2) :
An applicant shall be rejected for entry if he or she makes
a statement that he or she is a homosexual or bisexual, or words
to that effect, unless there is a further determination that the
applicant has demonstrated that he or she is not a person who
engages in, attempts to engage in, has a propensity to engage in,
or intends to engage in homosexual acts. Such a determination
will be based solely upon the evidence obtained through normal
accession processing.
Note: This language is derived from the statutory language.
It does not effect a substantive change from our existing
language, but eliminates the guidance on what factors to consider
in determining whether the applicant has demonstrated that he
does not engage in acts, etc.
Section 8.b (3) :
An applicant shall be rejected for entry if, in the course
of the accession process, evidence is received demonstrating that
36:81 EE, 01 030
an applicant has married or attempted to marry a person known to
be of the same biological sex.
Note: This language is derived from the statute. The
Services (and apparently Congress) feel that a person who engages
in a homosexual marriage or attempted marriage certainly must
have a propensity to engage in acts, and so any exceptions or a
rebuttable presumption are not warranted. Identical changes
would be made to the separation provisions on marriages.
PAGE.003
38:81 86. 01 OBS