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where the consent was obtained through force, fraud or actual intimidation
thereby constituting the invasion of the rights of another, or any
'NATIONAL
homosexual action with a child under the age of consent whether the
ARCHIVES AND
child cooperates or not.
CORDS
TERRIER
SERVICE
GOVERN WEAK
(1) Disposition: Trial by general court-martial
is mandatory. Papers recommending trial shall be prepared and submitted
to the appropriate convening authority in accordance with existing
instructions.
(b) CLASS II is defined as those cases wherein
personnel have engaged in one or more homosexual acts or where evidence
supports proposal or attempt to perform an act of homosexuality, and
which do not fall in the category of CLASS I above.
(1) Disposition: Disposition will be accomplished
by administrative separation under conditions other than honorable,
unless the individual resists separation from the Service under such
conditions in which case he will be recommended for trial by court-
martial. However, nothing in this policy will preclude the bringing
of any homosexual to trial before a court-martial if superior authority
considers the circumstances to render such action essential in the
interest of the military establishment.
(2) It is emphasized that no distinction is made
in the administrative handling of cases of alleged participation in
homosexual acts while a member of the United States Armed Forces, based
upon whether or not the role of a person in any particular action was
active or passive.
(c) CLASS III is defined as those rare cases wherein
personnel only exhibit, profess or admit homosexual tendencies and
wherein there are no specific provable acts or offenses, or court-
martial jurisdiction does not exist.
(1) Disposition: Administrative separation will
be accomplished, and type of discharge to be given will take into con-
sideration all attendant facts and circumstances.
(2) All persons who confess homosexual tendencies
shall not necessarily be discharged merely on the basis of confession
of homosexuality. It is essential to distinguish between those who
have uncontrollable perverse tendencies in fact and those who claim
such for the purpose of avoiding military service. Evidence of an
existing psychological or other maladjustment resulting from such
tendencies, or other circumstances, which render the individual in-
adaptable for military service, will be carefully evaluated by each
Board concerned in making a decision.
C
0
P
-2-
Y
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Document data
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- 54538181
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DTO data
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Context sent to Scholar
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Page context
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"ocrText": "where the consent was obtained through force, fraud or actual intimidation\nthereby constituting the invasion of the rights of another, or any\n'NATIONAL\nhomosexual action with a child under the age of consent whether the\nARCHIVES AND\nchild cooperates or not.\nCORDS\nTERRIER\nSERVICE\nGOVERN WEAK\n(1) Disposition: Trial by general court-martial\nis mandatory. Papers recommending trial shall be prepared and submitted\nto the appropriate convening authority in accordance with existing\ninstructions.\n(b) CLASS II is defined as those cases wherein\npersonnel have engaged in one or more homosexual acts or where evidence\nsupports proposal or attempt to perform an act of homosexuality, and\nwhich do not fall in the category of CLASS I above.\n(1) Disposition: Disposition will be accomplished\nby administrative separation under conditions other than honorable,\nunless the individual resists separation from the Service under such\nconditions in which case he will be recommended for trial by court-\nmartial. However, nothing in this policy will preclude the bringing\nof any homosexual to trial before a court-martial if superior authority\nconsiders the circumstances to render such action essential in the\ninterest of the military establishment.\n(2) It is emphasized that no distinction is made\nin the administrative handling of cases of alleged participation in\nhomosexual acts while a member of the United States Armed Forces, based\nupon whether or not the role of a person in any particular action was\nactive or passive.\n(c) CLASS III is defined as those rare cases wherein\npersonnel only exhibit, profess or admit homosexual tendencies and\nwherein there are no specific provable acts or offenses, or court-\nmartial jurisdiction does not exist.\n(1) Disposition: Administrative separation will\nbe accomplished, and type of discharge to be given will take into con-\nsideration all attendant facts and circumstances.\n(2) All persons who confess homosexual tendencies\nshall not necessarily be discharged merely on the basis of confession\nof homosexuality. It is essential to distinguish between those who\nhave uncontrollable perverse tendencies in fact and those who claim\nsuch for the purpose of avoiding military service. Evidence of an\nexisting psychological or other maladjustment resulting from such\ntendencies, or other circumstances, which render the individual in-\nadaptable for military service, will be carefully evaluated by each\nBoard concerned in making a decision.\nC\n0\nP\n-2-\nY"
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