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Gays in the Military Policy: Court of Military Appeals: Gays in Military
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Gays in the Military Policy: Court of Military Appeals: Gays in Military
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Records of the Office of the Public Liaison (Clinton Administration)
Elizabeth (Julian) Potter's files
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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:
Public Liaison
Series/Staff Member:
Julian Potter
Subseries:
OA/ID Number:
18042
FolderID:
Folder Title:
Gays in Military Policy: Court of Military Appeals: Gays in Military
Stack:
Row:
Section:
Shelf:
Position:
S
31
4
2
2
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001a. letter
To: John H. Dalton, Secretary of the Navy; From: Servicemembers
03/14/1996
b(6)
Legal Defense Network; Re: RMSN Amy L. Barnes [partial] (1 page)
001b. memo
To: Chief of Naval Personnel; From: Lieutenant James Walsh, JAGC;
01/11/1996
b(6)
Re: Letter of Deficiency RMSA Amy L. Barnes [partial] (4 pages)
001c. letter
To: Eleanor Hill, Inspector General, DOD; From: Servicemebers legal
02/26/1996
b(6)
Defense network; Re: Seaman Amy L. Barnes [partial] (1 page)
002. form
DIS Report of Investigation [10 U.S.C. 424] (15 pages)
07/06/1983
P3/b(3)
003. memo
To: Director Defense Intelligence Agency; From: Chief Special
11/15/1982
P3/b(3)
Security Office; Re: Suspension of Access [10 U.S.C. 424] (2 pages)
004. form
Request for personnnel Security Investigation [10 U.S.C. 424] (1
12/28/1982
P3/b(3)
page)
005. letter
To: Alan Savada; From: Defense Mapping Agency; Re: Investigation
11/19/1982
P3/b(3), b(6)
[partial] [10 U.S.C. 424] (1 page)
006. form
DIS Report of Investigation [10 U.S.C. 424] (5 pages)
03/09/1983
P3/b(3), b(6)
007. form
DIS Report of Investigation [10 U.S.C. 424] (9 pages)
04/29/1983
P3/b(3), b(6)
008. memo
To: Alan Savada; From: Director Security Office; Re: Clearance [10
09/07/1983
P3/b(3), b(6)
U.S.C. 424] (1 page)
009. memo
To: Director Defense Intelligence Agency; From: Director of Special
09/08/1983
P3/b(3), b(6)
Security; Re: Alan Savada [10 U.S.C. 424] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)|
Freedom of Information Act - [5 U.S.C. 552(b))
P1 National Security Classified Information |(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA)
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
010. form
DIS Report of Investigation [10 U.S.C. 424] (10 pages)
12/27/1983
P3/b(3), b(6)
011. report
Response to Letter and Answers to Questions [10 U.S.C. 424] (32
08/20/1984
P3/b(3), b(6)
pages)
012. letter
To: Director, DIA; From: Director Security Office; Re: Savada, Alan
03/20/1985
P3/b(3), b(6)
[10 U.S.C 424] (1 page)
013. form
DIS Report of Investigation [10 U.S.C. 424] (28 pages)
10/15/1986
P3/b(3), b(6)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
GAYS IN N
MILITARY
sent to
secy Dalton THE WHITE HOUSE
/
John - via Messenger 3/19
I hope that you are already
Pumiliar with this case. It's starting to
actract not: analattation. Ou White House
Counsel is malury inquiries well. Any help
This care seems. to be especially
you conjive will be greatly appreciated.
egregious. I will wait to hear from
you before I do more.
Song Longthanks, thanks,
Josh
There or copies of a packet sent to
you office recents.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001a. letter
To: John H. Dalton, Secretary of the Navy; From: Servicemembers
03/14/1996
b(6)
Legal Defense Network; Re: RMSN Amy L. Barnes [partial] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - 144 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
SLDN
TEL 202-328-3244
Mar 15.96 11:35 No. 002 P.02
Servicemembers Legal Defense Network
14 March 1996
*****
The Honorable John H. Dalton
Secretary of the Navy
1000 Navy Pentagon
Washington, DC 20350-1000
Dear Secretary Dalton:
We wish to bring to your attention the case of RMSN Amy L. Barnes, SSN
(b)(6)
RMSN Barnes is currently serving aboard the USS Simon Lake ported in Sardegna, Italy and
was the victim of a witch hunt targeting women in November and December 1995. It is our
understanding that up to 60 women on the USS Simon Lake were targeted in the course of this
investigation. RMSN Barnes was investigated based on rumors which circulated directly
following her report of an incident where she rebuffed the aggressive advances of a senior male
Petty Officer, who then grabbed her, threw her to the ground and injured her. It is our
understanding that RMSN Barnes will be discharged within the coming week unless steps are
taken to delay or overtum this action.
We bring this case to your attention because 1) it represents a leadership issue which goes
to the heart of how the Navy treats women, and 2) your subordinates have failed to respond to a
series of requests to look into this matter, including the letter of deficiency filed by RMSN
Barnes' military defense attorney, a Congressional Inquiry initiated by Representative Lee
Hamilton and numerous inquiries by RMSN Barnes' family members, the office of
Representative Barney Frank and Servicemembers Legal Defense Network.
RMSN Barnes was brought before an administrative discharge board on 9 January 1996.
The board recommended that she be discharged with a general discharge characterization based
solely on information obtained from an investigation which violated the limitations enunciated in
DOD Instruction 5505.8 and Enclosure 4 of DOD Directive 1332.14.
The evidence indicates that the investigation against RMSN Barnes was (1) started after
she reported the sexual harassment of a senior male Petty Officer, (2) initiated without
commander approval, (3) based improperly on numor and innuendo, (4) expanded to include
other women aboard the ship, and (5) exceeded clear limits on the scope of investigations,
soliciting information on sailors' contacts and relationships with other individuals, as well as
information concerning third parties' sexual orientation and activities.
The evidence is also clear that investigators obtained some witness statements through
coercion and infimidation. Investigators from the Master-at-Arms office interrogated at least two
sailors
(b)(6)
0019
for lengthy periods of time without a
break (up to six hours in one case), threatened them with confinement of up to 1 - 15 years and
would not permit them to lcave until they "confessed" to being gay or accused other women as
suspected lesbians. RMSN Barnes was also coerced into making the statement that forms the
basis of her discharge in which she admitted to one pre-service act. An investigator from the
ship's Command Judge Advocate office told RMSN Barnes that making this statement was the
P.O. Box 53013
Washington, D.C. 20009
Voice: 202.328.3244
Facsimile: 202.797.1635
The Honorable John H. Dalton
14 March 1996
Page 2
only way to stop her interrogation and the investigation of other women. RMSN Barnes was
instructed that anything that occurred prior to her Navy enlistment could not be used to discharge
or otherwise hurt her. Under duress, Barnes gave the investigator the statement he urged.
Barnes was not read her rights before being instructed to make the aforementioned
statement and she was not given the opportunity to consult an attorney during the investigation.
In fact, RMSN Barnes did not see an attorney until three days prior to her discharge board.
Similar to the conclusions drawn by Navy Assistant General Counsel Joseph Lynch
regarding the witch hunt conducted on Okinawa, Japan in 1994 by the Marine Corps CID, this is
precisely the type of investigation which the limits contained in the new policy were intended to
prevent. The fruits of the policy's violation are now about to be used to discharge RMSN
Barnes. Her discharge would cause her irreparable harm and warrants immediate intervention by
your office.
It is essential that Navy leaders establish the proper command climate to enforce the
limits on investigations under "Don't Ask, Don't Tell, Don't Pursue" and ensure that women
who resist sexual harassment and assault are not retaliated against through witch hunts. When
Navy personnel engage in illegal witch hunts, they should be held accountable; their victims
should not be punished.
We ask, at the very least, that you open an investigation into this witch hunt and place
RMSN Barnes' discharge on hold pending its outcome. Wc remain convinced that RMSN
Barnes should not be discharged from the Navy as a result of this investigation.
You will find with this letter a copy of the Letter of Deficiency filed by Lt. Walsh and a
letter we have sent to the DoD Inspector General. We appreciate your consideration of this
matter.
Sincerely,
C. Dear ORbun
Michelle M. Benecke, Esq.
C. Dixon Osburn, Esq.
Co-Executive Director
Co-Executive Director
cc:
The Honorable Barney Frank, United States Representative
The Honorable Lee Hamilton, United States Representative
The Honorable William J. Perry, Secretary of Defense
Encl.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001b. memo
To: Chief of Naval Personnel; From: Lieutenant James Walsh, JAGC;
01/11/1996
b(6)
Re: Letter of Deficiency RMSA Amy L. Barnes [partial] (4 pages)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA)
and his advisors, or between such advisors {a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
SLDN
TEL:202-328-3244
Mar 15.96
11:37 No. 002 P.04
Jan 31' 96 16:21 No.005 P.04
11 Jan 96
From: Lieutenant James M. Walsh, JAGC, USNR
Personal Representation Attorney
To:
Chief of Naval Personnel (Pers-83)
Via: Commanding Officer, USS SIMON LAKE (AB-33)
Bubj, LETTER OF DEFICIENCY ICO RMBA AMY L. BARNES, USN,
(b)(6) 001b
Ref: (a) MILPERSMAN 3640350
(b) MILPERSMAN 3630400
(c) MILPERSMAN 3630600
(d) MILPERSNAN 3640370
Encl: (1) Chronology of Investigation
(2) Memorandum of Division Officer
(3) Memorandum of Leading Chief Petty Officer
1. This letter of deficiency is forwarded for submission with the
report of the administrative board as permitted by reference (a).
2. Pursuant to references (b) and (c), on 9 January 1996 an
administrative board ICO RNSA Amy L. Barnes, USN was held on board
USS SIMON LAKE (AB-33) at La Maddalena, Sardegna to examine
allegations of misconduct due to commission of a serious offense
and homosexual conduct.
3. Despite a specific finding of no misconduct due to commission
of a serious offense, the administrative board unanimously
recommended separation of RMSA Barnes based upon a finding of
homosexual conduct.' The board unanimously recommended a
characterization of service as General (under honorable
conditions).
4. This letter of deficiency is forwarded for your careful
consideration and review in light of the unlawful manner in which
RMSA Barnes' personal and private life was unilaterally
investigated by personnel attached to USS SIMON LAKE (AS-33) in
direct violation of reference (b).'
1. 10 U.S.C. 1 521 (2993) compelled this result.
2. Military Directives clearly state that "[a] person's
sexual orientation is considered a personal and private matter,
and is not a bar to service entry or continued service.
Moreover, reference (b) prohibits intrusive inquirios into
servicemembers personal and private lives. NAVADMIN 033/94, See
also, Memorandum, Secretary of Defense, July 19, 1993.
SLDN
TEL 202-328-3244
Mar 15.96
11:37 No. 002 P.05
Jan
31.
yo
16:22 NO.UUS P.US
Subj. LETTER OF DEFICIENCY ICO RM8A AMY L. BARNES, USN,
(b)(6) 001 b (cont)
5. Despite a clear mandate that investigative personnel shall not
initiate inquiries or investigations solaly to determine a
servicemember's sexual orientation, on 27 November 1995, the
Master-at-Arms Office embarked on such a proscribed course of
conduot.
6. Reference (b) prohibits inquiries based upon suspicion, rumor,
and capricious claims concerning a serviosmember's personal and
private orientation and provides in relevant part:
(1) Only the member's commander
is authorized to
initiate fact-finding inquiries involving homosexual
conduct. A commander may initiate a fact-finding inquiry
only when he or she has received credible information
that their is basis for discharge.
(Emphasis Added)
7. Reference (b) specifically states that credible information
does not exist, for example, when:
(a) the individual is suspected of ongaging in
homosexual conduct, but there is no credible information,
as described, to support the suspicion, or
(b) the only information is the opinion of others that
a member is homosexual, or
(c) the inquiry would be based upon rumor, suspicion, or
capricious claims concerning a member's sexual
orientation,
8. Upon close examination of the first two statements referenced
in enclosure (1), it becomes apparent that the information provided
to the Master-st-Arms is precisely the type of speculation and
conjecture which cannot form the basis for conducting an inquiry.
9. The proscribed manner in which the investigation was conducted
carried over to the office of the Command Judge Advocate when the
Legalman attached to that office conducted an interrogation of the
Respondent in violation of Article 31(b).
20. Article 31 (b) provides in pertinent part:
2
SLDN
TEL 202-328-3244
Mar 15.96 11:38 No.002 P.06
TF! :
Jan 30 96 16:22 No. .005 P.06
Subj: LETTER OF DEFICIENCY ICO RMSA ANY L. BARNES, USN, 1
(b)(6) (cont)
No person subject to this chapter may
interrogate, or request any statement from an
accused or a person suspected of an offense
without first informing him of the nature of
the accusation and advising him that he does
not have to make any statement regarding the
offense of which he is accused or suspected
and that any statement made by him may be used
as evidence against him in a trial by court-
martial.'
"
In a telephone interview on 8 January 1995,
(b)(6) 0016
(b)(6) stated in no uncertain terms that she was subjected to lengthy
interrogations, and was not permitted to leave the Master-at-Arms
Office until she provided a detailed, written statement concerning
the personal and private life of the Respondent.
12. Based upon the foregoing, it is respectfully requested that
CHANAVPERS take one of the following corrective measures in
accordance with reference (d):
(a) disapprove the board's recommendation and retain the
Respondent in the naval service;
(b) afford the Respondent a new administrative Board and deny
the Recorder an opportunity to present evidence obtained in direct
violation of reference (b),
(a) as warranted by enclosures (2) and (3) and their
respective statements in the administrative hearing, change the
recommended characterization of service to a more favorable
characterization of service, or
3. See also, United States V. Dugs. 10 M.J. 206 (CMA
1981); LT Brant G. Filbert, Pailing the Article 31(b) U.C.M.J.
Test; the Role of the Navy Inspector General in the Investigation
of the Naval Academy Cheating Scandal, 42 NAV. L. REV. 1 (1995).
4.
(b)(6)
1a currently assigned TAD to U.S. Naval
Hospital, Rota, spain. Apparentiv. the manner in which this
investigation was undertaken left (b)(6) badly shaken. She
had threatened suicide, and was referred to the Medical
Department for observation. While I attempted to verify her
allegations with the treating physician, p- naffu
was
unavailable. A subsequent interview with
(b)(6) 1001
USN, however, corroborated
(b)(6)
00
liegations.
3
SLDN
TEL : 202-328-3244
Mar 15.96 11:39 No. 002 P.07
IPS
Jan 30 96 16:23 No.005 P.07
Subji LETTER OF DEFICIENCY ICO RMSA AMY L. BARNES, USN,
(b)(6) 00
(cont)
(d) such further relief as is just and equitable and the
nature of this case may require.
Very respectfully,
JAMBS Walor
Copy to:
(1) RMSA Amy L. Barnes, USN
(2) SLDN
4
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001c. letter
To: Eleanor Hill, Inspector General, DOD; From: Servicemebers legal
02/26/1996
b(6)
Defense network; Re: Seaman Amy L. Barnes [partial] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
SLDN
TEL 202-328-3244
Mar 15,96 11:39 No. 002 P.08
Servicemembers Legal Defense Network
*****
26 February 1996
The Honorable Eleanor Hill
Inspector General
Department of Defense
400 Army Navy Drive
Arlington, VA 22202-2884
Dear Ms. Hill:
On behalf of Seaman Amy L. Barnes (SSN
(b)(6)00 I request that you conduct an
investigation into the witch hunt against women which occurred on the USS Simon Lake ported
in Sardegna, Italy, in November and December of 1995. According to Seaman Barnes' military
defense attorney, Lt. James M. Walsh, this investigation was instigated on the sole basis of rumor
and innuendo, specifically to uncover the sexual orientation of Seaman Barnes and other women.
Seaman Barnes' family contacted Department of Defense and Navy officials about this witch
hunt in December 1995. To date, no one has conducted an investigation into the witch hunt or
disciplined any of the personnel involved.
Current regulations contain a number of limits that were designed to stop witch hunts. For
example, sailors may not be questioned about their sexual orientation under any circumstances.
Only commanders can initiate investigations of "homosexual conduct," and then only when he or
she has credible information that a sailor has violated regulations. Rumors and speculation about
a sailor's sexual orientation or activities do not constitute credible information. Even if credible
information exists with regard to one allegation. officials may not use that as an excuse to fish for
additional information about a sailors' private life, or to identify other suspected gay sailors.
The record of this case shows that all of these requirements were blatantly disregarded by
personnel from the Master-at-Arms and Command Judge Advocate offices on the USS Simon
Lake. The following are just a few examples:
(b)(6)00) was interrogated for over 6 hours, was threatened with imprisonment and was
not permitted to leave the Master-at-Arms Office until she gave a statement accusing
Barnes and other women as lesbians (b)(6) was directly asked by (b)(6)001< 'Have
you
ever scen Barnes or [another sailor] with anyone else?" "Did she tell you what they did?"
"What actions have you seen that displays their sexual preference? [sic]
(b)(6)
001c
"What is your relationship with Barnes?" "What is
your relationship with [another sailorj?" "You also stated they asked you if you were gay.
What did you tell them?"
(b)(6)
001C
Have you heard complaints about [another sailor]
and Barnes? 11 so, what have you heard?
(b)(6)
001C
whether she had heard any rumors about Barnes
and her friendships with other women.
P.O. Box 53013
Washington, D.C. 20009
Voice: 202.328.3244
Facsimile: 202.797.1635
TEE:202-328-3244
Mar 15.96 11:40 No.002 P.09
One sailor was asked. "Did [another sailor] ever do anything or say anything to you that
made you question her sexual preference?"
These questions are plainly illegal. Further, there is no indication that any commander ever
authorized this inquiry, much less what credible evidence existed to justify it.
I am also concerned that Seaman Barnes' legal rights under Article 31 were violated in this
investigation. First, investigators interrogated Seaman Barnes without informing her of any
accusation against her or advising her of her rights (including the right not to make a statement).
Second, Seaman Barnes was denied the opportunity to consult with legal counsel during the
investigation. Indeed, Scaman Barnes was not permitted to see an attorney until only three days
before her discharge board. Whether other sailors' rights were violated also bears investigation.
There are at least two additional elements of this case which merit thorough investigation by
your office. First, J am concerned that the Navy has done nothing to address the sexual
harassment underlying this witch hunt. In mid-November 1995, Seaman Barnes was assaulted
off the ship by a senior male petty officer. When she rebuffed his aggressive advances, he hit
her, knocking her to the ground and injuring her.
Seaman Barnes reported this incident to shore patrol. Instead of correctly handling the incident
as one of a male on female assault, the shore patrol treated Scaman Barnes and the male petty
officer as equal, willing participants in a common brawl. In this same lack of concern for the
assault, Seaman Barnes' command confined her to ship and eventually punished her at Captain's
Mast for "mouthing off" to shore patrol. While Seaman Barnes could perhaps have exercised
better judgment in her comments to shore patrol, she was understandably agitated: she was being
hauled in for fighting when, in fact, she had been attacked. A discharge board later determined
that Seaman Barnes had engaged in no misconduct.
It was after this incident, but before the Captain's Mast, that rumors were circulated around the
ship labeling Seaman Barnes as a lesbian and the fishing expedition into her private life was
begun by the USS Simon Lake's legal personnel. These events fit a well documented pattern
concerning the use of the homosexual policy to perpetuate sexual harassment against women.
Time and again, women like Seaman Barnes who resist sexual harassment or assault have found
themselves the subject of retaliatory rumors leading to investigation as suspected lesbians.
At Mast, on 15 December 1995, Captain Eugene Wilson demoted Barnes a pay grade and docked
her pay based on Seaman Barnes' comments to shore patrol. Captain Wilson punished Seaman
Barnes despite convincing evidence, as found by the discharge board, that she had engaged in no
misconduct. There is every indication that the rumors and the witch hunt against Seaman
Barnes, if not personal animus, directly influenced Captain Wilson's decision at Mast.
Although the petty officer who attacked Barnes was supposedly punished at Mast by demotion in
rank, he has been observed lately still wearing his senior petty officer insignia, indicating that his
supposed punishment has not been carried out.
SLDN
TEL:202-328-3244
Mar 15.96 11:41
It is puzzling, to say the least, why the Navy has punished a woman for defending herself against
unwanted advances and venting her frustration about not having them taken seriously, while her
aggressor goes unpunished.
The second additional issue which should be investigated by the Inspector General is the
discharge characterization recommended by Seaman Barnes' discharge board on 9 January 1996
and endorsed by her command. Despite a specific finding of no misconduct due to commission
of a serious offense, the administrative board unanimously recommended separation of Seaman
Barnes based upon a finding of homosexual conduct. The board recommended a general
discharge characterization. Setting aside for a moment the illegal investigation and the fact that
the board should never have occurred in the first place, this discharge characterization is wrong.
Following Navy regulations requiring that discharge characterizations be based on a sailors'
overall performance, Seaman Barnes should have been recommended for an honorable discharge.
I include with this request a copy of the letter of deficiency which Lt. Walsh filed following
Seaman Barnes' discharge board and statements taken by investigators on board the USS Simon
Lake showing that a witch hunt occurred.
Thank you in advance for investigating the issues raised in this letter. Please do not hesitate to
call me with any questions you may have.
Sincerely,
ORIGINAL SIGNED
Michelle M. Benecke, Esq.
Co-Executive Director
Encl.
Clinton Presidential Records
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CONDUCT UNBECOMING:
THE SECOND ANNUAL REPORT ON
"DON'T ASK, DON'T TELL, DON'T PURSUE"
VIOLATIONS
LEGAL SERVICEMEMBERS DEFENSE NETWORK *
March 1, 1995 - February 27, 1996
Embargoed For Release:
11:00 AM, February 27, 1996
By:
C. Dixon Osburn, Esq.
Michelle M. Benecke, Esq.
Co-Executive Directors,
Servicemembers Legal Defense Network
© Copyright 1996 Servicemembers Legal Defense Network
DICKSTEIN
SHAPIRO
Writer's Direct Dial
202-828-2253
MORIN
[email protected]
L.L.P.
March 19, 1996
Marsha Scott
Gay
Deputy Assistant to the President for Political Affairs
military
Office of Political Affairs
Room 115
Issue
Old Executive Building
Washington, DC 20502
Re: Alan Jay Savada
Dear Deputy Assistant Scott:
We are writing to you on behalf of Alan Jay Savada, a former civilian employee of the
Department of Defense ("DOD") who was forced to leave his job because he is Gay.
After learning that Mr. Savada is homosexual, DOD suspended the security clearances
which were essential to Mr. Savada's employment, reassigned him to a "make-work"
position, and subjected him to five years of investigation calculated to embarrass and
harass him. During those five years, the Defense Intelligence Agency procrastinated,
twice asking for further investigations, each of which became progressively more
personally invasive. Unable to raise any legitimate issue, DOD's final interview of
Mr. Savada consisted of 95 questions, most of which sought extremely private
information, such as details regarding specific sexual acts, and whether he engaged in
sexual acts in public, or with more than one person at a time.
Shortly after that last degrading interview, DOD advised Mr. Savada that his clearance
was denied. Despite repeated inquiries by Mr. Savada, DOD has never provided a
statement of reasons for that denial. Recognizing that any appeal would be futile, and
unwilling to face further invasive and degrading investigation, Mr. Savada finally was
forced to leave his position.
Recent policy changes, including the March 1995, Government Accounting Office Report,
Security Clearances: Consideration of Sexual Orientation in the Clearance Process
("GAO Report"); Executive Order 12968, issued by President Clinton on August 2, 1995;
and the November, 1995 changes to DOD adjudication guidelines, highlight the gross
2101 [ Street NW Washington, DC 20037-1526 Tel 202-785-9700 Fax 202-887-0689
598 Madison Avenue New York, New York 10022-1614 Tel 212-832-1900 Fax 212-832-0341
512718 @ZM601!.SAM
http://www.dsmillp.com
Marsha Scott
March 19, 1996
Page 2
injustice of DOD's treatment of Mr. Savada. Had current policy been in effect in the
1980's, Mr. Savada would not have been subjected to needless and harassing
investigation, and would have received all appropriate clearances. As a result,
Mr. Savada is seeking simple justice -- reinstatement, with back pay, to the position at
DMA which he was forced to relinquish. Mr. Savada's treatment by DOD typifies the ills
of the inequitable, needless and costly investigations which Executive Order 12968 seeks
to cure. Reinstating Mr. Savada to his former position would help to correct the injustice
which Mr. Savada suffered. Reinstatement would also reaffirm the Administration's
commitment to the basic human rights of homosexuals, and the right, in the President's
words, to "fair and equal treatment [of] those Americans upon whom we rely to guard
our national security." Exec. Order No. 12968, 60 Fed. Reg. 40245 (1995).
Factual Background
From April 1979 until April 1987, Alan Jay Savada was employed as a cartographer by the
Defense Mapping Agency ("DMA"), an activity within the Department of Defense
("DOD"). Soon after starting that position, Mr. Savada was granted Top Secret security
clearance, and also clearance for access to Sensitive Compartmental Information ("SCI
clearance").
Mr. Savada performed his job well, and was considered by his supervisor to be "a
hard-working individual that [was] an asset to the Geodetic Positioning Division," and to
be "very security conscious." Attachment A, DIS Report of Investigation dated July 6,
1983, at 6-7. Nonetheless, on November 4, 1982, Mr. Savada was interviewed by
Major J. Ford Johnston, Chief of Special Security Office within DMA with respect to
"rumors" that Mr. Savada was homosexual. Attachment B, Memorandum dated
November 15, 1982, from Major Johnston to Director, DIA. Mr. Savada openly stated that
he is homosexual, and that he believed all of his coworkers knew that he was
homosexual. Id. Mr. Savada also stated that his "family, friends and acquaintances"
knew he was Gay, and that he had "not tried to conceal his homosexuality from
anybody." Id.
Solely because of Mr. Savada's sexual orientation, DMA suspended his Top Secret and
SCI clearances on November 15, 1982, and reassigned him to a position within DOD
which did not require those clearances. The new assignment, although at the same grade
and pay level as his former position, was not suitable or appropriate to Mr. Savada's
classification and skills. In fact, Mr. Savada was assigned virtually no work in that
position, but was instead left basically to "vegetate" at taxpayer expense.
On December 28, 1982, DMA requested that a "limited inquiry" be performed by the
Defense Investigative Service ("DIS"), to determine Mr. Savada's suitability for Top
Secret clearance. Specifically, DMA requested "appropriate investigation re: sex
DICKSTEIN SHAPIRO & MORIN L.I.P
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Marsha Scott
March 19, 1996
Page 3
perversion. SUBJECT is an admitted homosexual." Attachment C, Request for
Personnel Security Investigation dated December 28, 1982. Mr. Savada was advised that
the investigation was required in "any potential case where stability, blackmail, coercion
or threat of exposure could be used by a hostile intelligence organization against an
individual." Attachment D, Letter dated November 18, 1982, from Major J. Ford
Johnston, Jr., Chief Special Security Office, DMA, to Alan Savada.
Soon after opening its investigation, DIS contacted Mr. Savada's immediate supervisor
who stated "Mr. Savada is very open about his alleged homosexuality and has admitted
such information. In view of this openness I do not consider Mr. Savada a security risk."
Attachment A at 7. DIS contacted several of Mr. Savada's friends, all of whom stated that
they knew Mr. Savada was homosexual, and knew or believed that he had discussed his
homosexuality with his family. Id. at 2; Attachment E, DIS Report of Investigation dated
March 9, 1983, at 2, 4. DIS also contacted several of Mr. Savada's fellow worshippers; all
confirmed that he was open about his sexual orientation. Attachment F, DIS Report of
Investigation dated April 29, 1983.
DIS interviewed Mr. Savada on June 28, 1983. At that time he was advised that the
nature of the matter under investigation was to clarify information regarding, among
other things, "aberrant sexual behavior, specifically; homosexuality." Attachment A at 3.
The interview consisted of 28 questions. Mr. Savada unequivocally stated that he is an
"open and avowed" homosexual, and that his family, friends and coworkers were aware
of his homosexuality. Attachment A at 12. DIS asked Mr. Savada when he became
homosexual, and when he experienced a "life style change," to which Mr. Savada
responded that he was born homosexual. Id. When asked if there was any person he
would not want to know about his homosexuality, Mr. Savada responded, "Absolutely
none at all." Id.
On September 7, 1983, Mr. Savada was approved for Top Secret clearance.
Attachment G, Memorandum dated September 7, 1983, from Louise R. Custer, Director,
DMA Security Office to Alan J. Savada. DMA referred the case to the Defense
Intelligence Agency ("DIA") for a determination of Mr. Savada's suitability for SCI
clearance. In the transmittal memorandum from DMA to DIA, Frederick Bowen,
Director of Special Security stated, "[t]his is indeed a well orchestrated "test case" which
demands close attention by your adjudication experts." Attachment H, Memorandum
dated September 8, 1983, from Director of Special Security, DMA to Director, DIA.
Apparently Mr. Bowen's warning was heeded: rather than creating a "test case," DIA
procrastinated. On December 21, 1983, Mr. Savada was interviewed again. This
interview consisted of 21 questions. DIS requested detailed information regarding
identities of persons with whom Mr. Savada had sexual relationships, and the identities
of other homosexuals within DMA. Attachment I, DIS Report of Investigation dated
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DICKSTEIN SHAPIRO & MORIN 1.1.P
Marsha Scott
March 19, 1996
Page 4
December 27, 1983, at 4-6. Mr. Savada denied ever having engaged in sexual acts with
minors or with anyone outside of the United States. Id. at 4, 5. Mr. Savada stated that he
had engaged in one sexual act with a Brazilian student in 1982. Id. at 4. He stated that
his first homosexual sexual encounter occurred in 1981 and that prior to that time he had
never been asked and never denied that he is homosexual. Id. at 5. He stated that there
were no homosexual sexual activities before that time which might subject him to
coercion. Id. Mr. Savada stated that he would not be open to coercion if a sexual
partner was not a declared homosexual and indeed that he would not have any close
social relationship with anyone "not out of the closet." Id. As he had during the June 28,
1983 interview, Mr. Savada again denied having ever received psychological counseling.
Id. at 6; see also Attachment A at 13.
Six months later, in May 1984, DIA asked Mr. Savada to respond to several written
interrogatories related to issues he had already discussed. He was asked about an
incident (voluntarily disclosed by him in prior interviews) during which, without his
permission or knowledge, drugs were used in his home during a party. Mr. Savada
responded that he was unaware of the single incident until he was told about it several
days later. Attachment J, Response to Letter and Answers to Questions by Franklin E.
Kameny on behalf of Alan Jay Savada, at 17-18. He was also asked about an admitted
sexual act with a student in 1982. Mr. Savada responded that the student was a Brazilian,
or possibly an Argentinean, named Ricardo, and briefly described how they were
introduced by a mutual friend. Mr. Savada stated that he did not know the student's last
name, or his current location. Id. at 23. He was again asked whether he was willing to
identify other homosexual employees within the DMA. He responded that he had never
stated or implied that he knew of other homosexual employees within the DMA, but for
the record, he declined to identify any such employee. Id. at 24, 27.
On March 20, 1985, Mr. Savada was again approved for Top Secret clearance, and his
case was forwarded to DIA for SCI adjudication. Attachment K, Memorandum dated
March 20, 1985, from Louise R. Custer, Director, DMA Security Office to Director, DIA.
DIA apparently still had no basis on which to deny Mr. Savada's SCI clearance, but
remained unwilling to grant it. After sitting on the file for a year, in March, 1986, DIA
returned the file to DIS for further investigation. Despite inquiries by Mr. Savada, DIA
did not disclose why further investigation was required.¹
¹The DIS Report of Investigation states that Mr. Savada was interviewed again "for the
purpose of developing adequate factual basis on which to form a judgment regarding his
character and discretion and whether he might be subject to undue influence or duress
through exploitable personal conduct." Attachment L, DIS Report of Investigation dated
October 15, 1986, at 1. However, Mr. Savada's consistent and unrefuted statements that
he could not be subject to coercion belie any such purpose.
DICKSTEIN SHAPIRO & MORIN
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Mr. Savada was interviewed again on September 16, 1986, this time with a zeal beyond
anything he had yet been subjected to. During the September, 1986 interview,
Mr. Savada was asked 95 questions, most of which sought extremely private information
regarding Mr. Savada's sexual relationships and "lifestyle." For example, Mr. Savada was
asked four questions related to whether (and why or why not) his sexual acts included
oral and anal penetration (attachment L at 12); he was asked whether he engaged in
sexual acts without the consent of the other person (id. at 11), or with more than one
person at a time (id. at 8); or with a minor (id. at 11). He was asked whether he is
bisexual or engages in bisexual sexual acts. Id. at 8. He was repeatedly asked whether
he engaged in sexual acts in public. Id. at 11, 14. He was asked six questions related to
how he meets sexual partners. Id. at 13-14. He was also asked whether he dressed in a
manner calculated to identify his homosexual orientation. Id. at 15. He was repeatedly
asked whether he engaged in transient sexual relationships or sexual relationships with
persons whose names he did not know, which he repeatedly denied. Id. at 13, 14, 15, 20.
The remaining questions rehashed other issues which had long since been resolved. For
example, despite the fact that Mr. Savada had stated since the first investigative
interview that he did not "become" homosexual but rather was born homosexual, DOD
asked 15 questions related to Mr. Savada's alleged "lifestyle change" in 1981. Attachment
L at 6, 13-17. Despite his prior denials, Mr. Savada was again asked whether he had been
involved with persons who concealed their homosexuality. Id. at 10. Although he had
consistently denied ever having received psychological treatment, Mr. Savada was asked
eight questions relating to psychological or emotional stress or counseling. Id. at 5-6, 17.
He was again asked whether he used illegal drugs or knowingly permitted drugs to be
used in his home, which he denied. Id. at 23-24.
This last interview, following as it did, almost five years of investigation, including
interviews with literally dozens of Mr. Savada's friends, coworkers and acquaintances,
makes absolutely clear that DOD had no basis upon which to deny Mr. Savada's Top
Secret or SCI clearance. The fact that DOD investigators persisted with questions about
psychological counseling and susceptibility to blackmail despite Mr. Savada's clear
statements from the start that he was completely open about his sexual orientation, and
had never needed or sought psychological counseling, reveals that DOD investigators
were at best, blinded by what can only be called bigotry, or at worst, determined to find
any excuse to get rid of Mr. Savada. The latter interpretation is strengthened when one
considers that the investigators raised no new issue with respect to his suitability for
security clearance, but instead asked question after question which seemed calculated to
annoy, embarrass or harass Mr. Savada.
Having found no reason to deny Mr. Savada's clearance, and yet unwilling to grant it,
DOD may very well have hoped that Mr. Savada would just go away. Indeed, after
waiting several years for DOD to treat him fairly, Mr. Savada was beginning to fear that
512718 @ZM601!.SAM
DICKSTEIN SHAPIRO & MORIN L.L.P.
Marsha Scott
March 19, 1996
Page 6
DOD was simply unwilling to grant security clearance to a homosexual. Mr. Savada was
unwilling to resign however, because he knew there was no reason to doubt his
suitability for security clearance. Moreover, despite his increasing suspicion, he always
maintained some hope that DOD would treat him fairly.
Unfortunately, Mr. Savada's worst fears were realized when on March 4, 1987, despite
the fact that DOD had uncovered nothing in its five years of investigation that might
disqualify him for clearance, Mr. Savada was advised that his access to SCI material was
denied. Knowing that the sole reason for the suspension and ultimate denial of his
security clearance was his sexual orientation,² and unwilling to face even further
invasive and degrading investigation, Mr. Savada was forced to leave his position
effective April 10, 1987, by what amounts to a constructive discharge by DOD.
Under Current Government Policy, Sexual Orientation
May Not Be A Factor In Security Clearance Adjudication
In March, 1995, the Government Accounting Office, National Security and International
Affairs Division ("GAO") prepared a report regarding how various federal agencies treat
sexual orientation in the security clearance process for federal civilian and contractor
employees. See Security Clearances: Consideration of Sexual Orientation in the
Clearance Process, GAO/NSIAD-95-21, March 24, 1995 ("GAO Report"). The GAO
reviewed policies and procedures at eight agencies (including DOD), made outreach
inquiries to the homosexual community, and selectively reviewed 129 cases in which
security clearances had been denied, revoked or suspended. GAO found that there is
little evidence to suggest that homosexuals are security risks, and that "sexual
orientation seems to have little bearing on the motives behind acts of espionage." GAO
Report at 15.³ See also "Homosexuality and Personnel Security," Theodore R. Sabin
(Sept. 1991, PERS-TR-91-008) ("PERSEREC Report"), at 28.4
²Although Mr. Savada requested a "Statement of Reasons" for this denial on March 6,
1987, and several times thereafter, none was ever been provided. It is manifest
nonetheless, that the denial was based on Mr. Savada's sexual orientation.
³GAO did not review procedures for adjudication of SCI clearance decisions, however its
conclusion that there is "no clear linkage between sexual orientation and espionage" is
obviously equally applicable in SCI decisions. See GAO Report at 15.
The PERSEREC Report found that of the 117 recorded espionage cases between 1945
and 1991, only 6 cases involved homosexuals and those homosexuals were not motivated
by fear of having their sexual orientation exposed, but rather had the same motives as
heterosexuals: "primarily money, secondarily resentment." PERSEREC Report at 30.
DICKSTEIN SHAPIRO & MORIN LLP.
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Marsha Scott
March 19, 1996
Page 7
Not surprisingly, given DOD's egregious treatment of Mr. Savada, the GAO report was
critical of DOD policy which, among other things, required investigators to follow up on
allegations of homosexuality by interviewing an applicant's family and friends. GAO
specifically recommended that DOD "modify [its] investigative and adjudicative
procedures to be consistent with stated agency policies [i.e., that sexual orientation is
not a criterion in granting security clearances] and to ensure that adjudication guidelines
and investigative procedures are consistent by focusing only on conduct-related issues,
rather than on sexual orientation." GAO Report at 15.
Shortly after the GAO report was published, President Clinton issued Executive
Order 12968, which provides that the "United States Government does not discriminate
on the basis of
sexual orientation in granting access to classified information." Exec.
Order No. 12968, 60 Fed. Reg. 40245 (1995). Rather, "[i]n determining eligibility for
access under this order
[n]o inference
may be raised solely on the basis of the
sexual orientation of the employee. Id.
Only after Executive Order 12968 was issued, did the DOD, in November, 1995, revise its
adjudication guidelines to state:
Sexual behavior is a security concern if it involves a criminal
offense, indicates a personality or emotional disorder, subjects the
individual to undue influence or coercion, or reflects lack of
judgment or discretion. (Sexual orientation or preference may not
be used as a basis for or a disqualifying factor in determining a
person's eligibility for a security clearance)
*
The adjudicator should also consider guidelines pertaining
to criminal conduct (criterion J); or emotional, mental, and
personality disorders (criterion I), in determining how to resolve the
security concerns raised by sexual behavior.
Attachment M, Change 3 to DOD 5200.2-R, Appendix I (emphasis added). 5
These changes make clear that DOD will not, and indeed cannot consistent with
Executive Order 12968, base security clearance decisions solely on sexual orientation.
⁵Although this change has been circulated throughout DOD, it has not yet been published
in the Code of Federal Regulations.
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Marsha Scott
March 19, 1996
Page 8
Neither will DOD make inferences with respect to the standards for determining
suitability for clearance based on sexual orientation. Under the current guidelines
therefore, neither the lengthy and invasive investigation to which DOD subjected
Mr. Savada, nor its unjust conclusion would be permissible.
Justice Demands That
Mr. Savada Now Be Treated Fairly
The foregoing demonstrates that the treatment accorded to Mr. Savada (1) was contrary
to any accepted standard of due process and fair play, and (2) would violate current
Government policy as embodied in Executive Order 12968. While it is commendable that
the current Administration has taken steps to prevent similar inhumane treatment of
other loyal and dedicated civil servants in the future, the simple fact is that Mr. Savada's
career was destroyed, and his life made virtually unbearable because of the prejudice of
DIS investigators. If that wrong is unremedied, the much-celebrated changes in
Government policy will ring hollow.
There is, however, a simple solution. All the Government need do is to reinstate
Mr. Savada to his former position with back pay, less interim earnings from other
employment. Simple equity demands no less.
If it would be helpful, we are willing to meet with you or others at your convenience. A
prompt response will be appreciated.
Sincerely yours,
Joseph E. Kolick, Jr.
JEK/BOC/rmy
Attachments
cc: Alan Jay Savada
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DICKSTEIN SHAPIRO & MORIN
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an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
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DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
004. form
Request for personnel Security Investigation [10 U.S.C. 424] (1
12/28/1982
P3/b(3)
page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - 144 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)|
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
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DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
005. letter
To: Alan Savada; From: Defense Mapping Agency; Re: Investigation
11/19/1982
P3/b(3), b(6)
[partial] [10 U.S.C. 424] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIAJ
financial information [(a)(4) of the PRA
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
DEFI NSE MAPPING AGENCY
HYDROGRATHIC/TOPOGRAPHIC CENTER
WASHINGTON, D.C. 20315
UNITED
AMERICA
5
REPLY TO
ATTENTION OF:
19 NOV 1982
Alan J. Savada
(b)(6)
005
Dear Mr. Savada:
In response to your letter of 18 November 1982, I understand your position
regarding the acceptance of oral communications from the Defense Mapping
Agency.
I would like to explain my position as the Special Security Officer, DMAHTC.
Department of Defense and Director, Central Intelligence directives require
that any potential case where stability, blackmail, coercion, or threat of
exposure could be used by a hostile intelligence organization against an
individual must be resolved. To accomplish this action, Limited Investigations
are conducted to determine the facts of each case. The completed investigation
is then adjudicated by the Defense Intelligence Agency to determine if access
to Sensitive Compartmented Information can be granted or reinstated if the
access has been suspended.
In order to conduct a Limited Investigation, your approval to investigate
certain areas is required. These areas are financial, educational, medical,
personal history, job performance and arrests and convictions. These are the
releases you were asked to sign.
If you elect not to sign the release forms, and this is your option, your case
will be forwarded for adjudication without the Limited Investigation having
been conducted.
Sincerely,
(b)(3)
005
Decade of Progress - Decade of Challenge
Clinton Presidential Records
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Divider Title:
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DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
006. form
DIS Report of Investigation [10 U.S.C. 424] (5 pages)
03/09/1983
P3/b(3), b(6)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
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marker by the William J. Clinton Presidential Library Staff.
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Divider Title:
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Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
007. form
DIS Report of Investigation [10 U.S.C. 424] (9 pages)
04/29/1983
P3/b(3), b(6)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - 144 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA
an agency [(b)(2) of the FOIA|
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
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G
Divider Title:
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
008. memo
To: Alan Savada; From: Director Security Office; Re: Clearance [10
09/07/1983
P3/b(3), b(6)
U.S.C. 424] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
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Divider Title:
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
009. memo
To: Director Defense Intelligence Agency; From: Director of Special
09/08/1983
P3/b(3), b(6)
Security; Re: Alan Savada [10 U.S.C. 424] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)|
Freedom of Information Act - 15 U.S.C. 552(b)|
P1 National Security Classified Information |(a)(1) of the PRAJ
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
Digital Records Marker
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marker by the William J. Clinton Presidential Library Staff.
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Divider Title:
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Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
010. form
DIS Report of Investigation [10 U.S.C. 424] (10 pages)
12/27/1983
P3/b(3), b(6)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA)
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency ((b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA|
personal privacy [(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions ((b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
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marker by the William J. Clinton Presidential Library Staff.
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Divider Title:
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
011. report
Response to Letter and Answers to Questions [10 U.S.C. 424] (32
08/20/1984
P3/b(3), b(6)
pages)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)|
Freedom of Information Act - [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA|
P2 Relating to the appointment to Federal office ((a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA)
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
Digital Records Marker
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marker by the William J. Clinton Presidential Library Staff.
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K
Divider Title:
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Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
012. letter
To: Director, DIA; From: Director Security Office; Re: Savada, Alan
03/20/1985
P3/b(3), b(6)
[10 U.S.C 424] (1 page)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - (5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA|
RR. Document will be reviewed upon request.
Clinton Presidential Records
Digital Records Marker
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marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a tabbed divider. Given our
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Divider Title:
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Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
013. form
DIS Report of Investigation [10 U.S.C. 424] (28 pages)
10/15/1986
P3/b(3), b(6)
COLLECTION:
Clinton Presidential Records
Public Liaison
Potter, Julian
OA/Box Number: 18042
FOLDER TITLE:
Gays in Military Policy: Court of Military Appeals: Gays in Military
2015-0017-F
sb1250
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRAJ
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA)
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute ((b)(3) of the FOIA]
financial information |(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information ((b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Clinton Presidential Records
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M
Divider Title:
DoD 5200.2-R
SEXUAL BEHAVIOR
Sexual behavior is a security concern If It involves a criminal offense, indicates a personality or
emotional disorder. subjects the individual to undue influence or coercion. or reflects lack of
judgment or discretion.¹ (Sexual orientation or preference may not be used as a basis for or a
disqualifying factor in determining a person's eligibility for a security clearance)
Conditions that could raise a security concern and may be disqualifying include:
(1)
sexual behavior of a criminal nature, whether or not the individual
has been prosecuted;
(2)
compulsive or addictive sexual behavior when the person is unable to stop a pattern of
self-destructive or high-risk behavior or that which is symptomatic of a personality
disorder.
(3)
sexual behavior that causes an individual to be vulnerable to undue influence or
coercion:
(4)
sexual behavior of a public nature and/or that which reflects lack of discretion or
judgment.
Conditions that could mitigate security concerns include:
(1)
the behavior occurred during or prior to adolescence and there is no evidence of
subsequent conduct of a similar nature:
(2)
the behavior was not recent and there Is no evidence of subsequent conduct of a similar
nature:
(3)
there is no other evidence of questionable Judgment. irresponsibility. or emotional
instability:
(4)
the behavior no longer serves as a basis for undue influence or coercion.
I
The adjudicator should also consider guidelines pertaining to criminal conduct (criterion J): or emotional. mental,
and personality disorders (criterion I). in determining how to resolve the security concerns raised by sexual behavior.
I-7