Gates Announces New DADT Regulations

Secretary of Defense Robert Gates announced new enforcement regulations Thursday for the military’s “don’t ask, don’t tell” policy, part of an interim plan while the Pentagon completes a full review.

The new guidelines are intended to enforce the existing policy in a fairer way. Changes announced by Secretary Gates will raise the rank of a person who can initiate a DADT inquiry to a general or admiral, and elevate standards for evidence to be presented in discharge cases, according to reports in The New York Times and Reuters. The changes also aim to lessen the number of expulsions based on “third party” outings.

“Officials said the new steps would include a requirement that only a general or admiral could initiate action in cases where service members were suspected of violating the prohibition against openly gay service in the armed forces,” reported the Times.

A complete Pentagon review of how the military might implement a repeal of "don't ask, don't tell" is expected to be completed by December 1.

In a letter to Gates last July, Servicemembers Legal Defense Network executive director Aubrey Sarvis laid out a set of recommendations for what would/wouldn’t meet the standard for triggering an investigation into someone’s sexuality.

They included that the third party must be another service member, not a civilian, and not anonymous. They also suggested that evidence must be based on firsthand knowledge rather than hearsay, that any sexual misconduct occurring prior to a soldier’s service not be deemed admissible, and that statements made to chaplains, doctors, psychologists, and other health professionals be kept off limits.

The letter also recommends that the Pentagon adopt as policy the ruling of the ninth circuit court of appeals in Maj. Margaret Witt’s case (Witt v. Department of Air Force), which stipulated that the government must prove that a service member’s presence disrupts unit cohesion and good order rather than the service member having to prove that his or her presence is not disruptive.