The Defense Department's "don't ask, don't tell, don't pursue" policy on homosexual conduct in the military needs to be "clarified and enhanced," according to a report released this week by the Office of the Under Secretary of Defense for Personnel and Readiness.
To avoid improper investigations into homosexual conduct, the Defense Department will curtail the use of plea-bargains used to obtain evidence of consensual homosexual conduct. Also, DoD will set a new policy that requires authorization for any substantial investigation of "coming out" cases.
All investigations into alleged homosexual conduct must now be proceeded by a consultation with "higher headquarters legal authorities," according to the report. DoD will also increase the amount of training required for a service person to enforce the department's homosexual conduct policy. Finally, the report recommends that the DoD reissue guidelines for investigating threats against service members based on homosexuality.
"I have tried to make it very clear that we want this policy fully and fairly implemented," Defense Secretary William Cohen said in a National Public Radio interview Tuesday. "That means there's to be no pursuit, there's to be no harassment and, if it's taking place, it's something I'm very concerned about."
The "don't ask, don't tell policy" was initiated in 1994 to strike a balance between prohibited homosexual conduct in the military and attempts to maintain the privacy of those not declaring their sexual orientation. Under the policy, commanders may initiate investigations of suspected homosexual conduct only after receiving "specific, credible information" about a service member's conduct.
Cohen last year requested a review of the policy after the Servicemember's Legal Defense Network alleged that the regulations were being implemented improperly and unfairly. DoD then set up a working group consisting of legal and personnel representatives from each branch of the military and from the Office of the Secretary of Defense.
The group concluded that the DoD's policy on homosexual conduct is "generally being implemented properly," but can use some changes.
"There are very few policies in the U.S. government, or in the world as a whole, that can't be improved," DoD spokesman Kenneth Bacon said at a press conference to discuss the report.
A panel review revealed that the number of service members discharged for homosexual conduct has risen since the policy's enactment. In 1997, 997 people were discharged for homosexual conduct, up from 617 in 1994. The number of discharges for homosexual conduct, however, remains a small percentage of overall discharges.
The report attributes the increase to a rise in service members who voluntarily elect to disclose their homosexual orientation to their peers, supervisors or commanders.
The study also concluded that the majority of investigations have been properly initiated and that allegations of widespread abusive investigatory practices are not substantiated. The panel found that three investigations did not fully comply with policy.
In two documented cases, investigators asked service members questions concerning sexual orientation without credible information. In one case, there was a failure to properly advise service members of their rights prior to questioning.
In January, a federal judge ruled the Navy violated a sailor's privacy rights and the military's homosexuality policy by obtaining information from an online service that led to the sailor's dismissal on allegations of homosexual conduct.