 | Name: Air Force Academy Location: Colorado Springs, Colorado |
Concerning GLBT Equality:
The Air Force’s Homosexual Policy.
1.18. Policy on Homosexual Conduct:
1.18.1. Congress has determined that the policy on homosexual conduct in the Armed Forces is based upon the following findings, which are codified at Section 654(a) of Title 10, U.S.C.
1.18.1.1. Section 8 of Article I of the Constitution of the United States commits exclusively to the Congress the powers to raise and support Armies, provide and maintain a Navy, and make rules for the government and regulation of the Land and Naval Forces.
1.18.1.2. There is no constitutional right to serve in the Armed Forces.
1.18.1.3. Pursuant to the powers conferred by Section 8 of Article I of the Constitution of the United States, it lies within the discretion of the Congress to establish qualifications for and conditions of service in the Armed Forces.
1.18.1.4. The primary purpose of the Armed Forces is to prepare for and to prevail in combat should the need arise.
1.18.1.5. The conduct of military operations requires members of the Armed Forces to make extraordinary sacrifices, including the ultimate sacrifice, in order to provide for the common defense.
1.18.1.6. Success in combat requires military units that are characterized by high morale, good order and discipline, and unit cohesion.
1.18.1.7. One of the most critical elements in combat capability is unit cohesion, that is, the bonds of trust among individual service members that make the combat effectiveness of a military unit greater than the sum of the combat effectiveness of the individual unit members.
1.18.1.8. Military life is fundamentally different from civilian life in that:
1.18.1.8.1. The extraordinary responsibilities of the Armed Forces, the unique conditions of military service, and the critical role of unit cohesion, require that the military community, while subject to civilian control, exist as a specialized society.
1.18.1.8.2. The military society is characterized by its own laws, rules, customs, and traditions, including numerous restrictions on personal behavior, that would be acceptable in civilian society.
1.18.1.9. The standards of conduct for members of the Armed Forces regulate a member’s life for 24 hours each day beginning at the moment the member enters military status and not ending until that person is discharged or otherwise separated from the Armed Forces.
1.18.1.10. Those standards of conduct, including the Uniform Code of Military Justice, apply to a member of the Armed Forces at all times that the member has a military status, whether the member is on base or off base, and whether the member is on duty or off duty.
1.18.1.11. The pervasive application of the standards of conduct is necessary because members of the Armed Forces must be ready at all times for worldwide deployment to a combat environment.
1.18.1.12. The worldwide deployment of United States Military Forces, the international responsibilities of the United States, and the potential for involvement of the Armed Forces in actual combat routinely make it necessary for members of the Armed Forces to involuntarily accept living conditions and working conditions that are often spartan, primitive, and characterized by forced intimacy with little or no privacy.
1.18.1.13. The prohibition against homosexual conduct is a long-standing element of military law that continues to be necessary in the unique circumstances of military service.
1.18.1.14. The Armed Forces must maintain personnel policies that exclude persons whose presence in the Armed Forces would create an unacceptable risk to the Armed Forces’ high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.
1.18.1.15. The presence in the Armed Forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.
1.18.2. A person’s sexual orientation is considered a personal and private matter, and is not a bar to service entry or continued service unless manifested by homosexual conduct in the manner described in paragraph 1.18.3. Applicants for enlistment, appointment, or induction shall not be asked or required to reveal whether they are heterosexual, homosexual, or bisexual. Applicants also will not be asked or required to reveal whether they have engaged in homosexual conduct, unless independent evidence is received indicating that an applicant engaged in such conduct or unless the applicant volunteers a statement that he or she is a homosexual or bisexual, or words to that effect.
1.18.3. Homosexual conduct is grounds for barring entry into the Air Force, except as otherwise provided in this paragraph. Homosexual conduct is a homosexual act, a statement by an applicant that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage. 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 in or will engage in homosexual acts.
1.18.3.1. An applicant will be rejected for entry into the Air Force if, in the course of the accession process, evidence is received (see paragraphs 1.18.3.1.5. – 1.18.3.1.8.) 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:
1.18.3.1.1. Such acts are a departure from the applicant’s usual and customary behavior;
1.18.3.1.2. Such acts, under all the circumstances, are unlikely to recur;
1.18.3.1.3. Such acts were not accompanied by use of force, coercion, or intimidation; and,
1.18.3.1.4. The applicant does not have a propensity or intent to engage in homosexual acts.
1.18.3.1.5. If the applicant is the source of the evidence received, the applicant will be notified (by the recruiter or other procurement source personnel) that he or she is disqualified for military service under current policy and will be given 10 calendar days to present written evidence (such as statements) to demonstrate why he or she should not be disqualified.
1.18.3.1.6. If the evidence is received from a source other than the applicant, the decision making authority must determine the credibility of evidence. If the evidence (from another source) is determined to be credible, the decision making authority will notify the applicant in writing that he or she is disqualified for military service and the reason for the disqualification (e.g., evidence of homosexual acts). The applicant will be given 10 calendar days to present written evidence (such as statements) to counter the credibility of the evidence received or to demonstrate why he or she should not be disqualified.
1.18.3.1.7. If the applicant presents written evidence, it will be forwarded through normal channels to the decision making authority. The decision making authority will review the written evidence, determine the applicant’s eligibility for military service, and notify the applicant in writing of the final decision made.
1.18.3.1.8. The applicant does not have the right to any other recourse or rights of appeal than those described in this paragraph.
1.18.3.2. An applicant will be rejected for entry into the Air Force 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 (see paragraphs 1.18.3.2.1. – 1.18.3.2.3. below) 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.
1.18.3.2.1. The applicant has 10 calendar days to present written evidence (such as statements) to rebut the presumption (from a statement that he or she is a homosexual or bisexual, or words to that effect) that the applicant engages in, attempts to engage in, intends to engage in, or has a propensity to engage in homosexual acts.
1.18.3.2.2. If the applicant presents written evidence, it will be forwarded through normal channels to the decision making authority. The decision making authority will review the written evidence, determine the applicant’s eligibility for military service, and notify the applicant in writing of the final decision made.
1.18.3.2.3. The applicant does not have the right to any other recourse or rights of appeal than those described in this paragraph.
1.18.3.3. An applicant shall be rejected for entry into the Air Force if, in the course of the accession process, evidence is received (see paragraphs 1.18.3.3.1. – 1.18.3.3.4. below) demonstrating that an applicant has married or attempted to marry a person known to be of the same biological sex (as evidenced by the external anatomy of the persons involved).
1.18.3.3.1. If the applicant is the source of the evidence received, the applicant will be notified (by the recruiter or other procurement source personnel) that he or she is disqualified for military service under current policy.
1.18.3.3.2. If the evidence is received from a source other than the applicant, the decision making authority must determine the credibility of evidence. If the evidence (from another source) is determined to be credible, the decision making authority will notify the applicant in writing that he or she is disqualified for military service and the reason for the disqualification (e.g., evidence of homosexual conduct or homosexual marriage). The applicant will be given 10 calendar days to present written evidence (such as statements) to counter the credibility of the evidence received.
1.18.3.3.3. If the applicant presents written evidence, it will be forwarded through normal channels to the decision making authority. The decision making authority will review the written evidence, determine the applicant’s eligibility for military service, and notify the applicant in writing of the final decision made.
1.18.3.3.4. The applicant does not have the right to any other recourse or rights of appeal than those described in this paragraph.
1.18.4. Prior to oath of enlistment or appointment, applicants will be informed of separation policy (Title 10, U.S.C., Section 654(b), see Attachment 4). Failure to receive such information shall not constitute a defense in any administrative or disciplinary proceeding.
1.18.5. Nothing in these procedures requires rejection for entry into the Air Force when the decision-making authority (see Attachment 1) determines:
1.18.5.1. That an applicant or inductee made a statement, engaged in acts, or married or attempted to marry a person of the same sex for the purpose of avoiding military service, and,
1.18.5.2. Rejection of the applicant or inductee would not be in the best interest of the Air Force.
The Air Force document containing their Homosexual Conduct Policy can be downloaded as a PDF here.
In addition to banning out and proud GLBT students, gay cadets who come out of the closet while at the Air Force Academy are penalized with recoupment costs.
Section D – Disenrolling Cadets for Personal Conduct
23. Disposing of Cases Inappropriate for Processing Under the UCMJ. The Superintendent may appoint either a board of officers or a hearing officer to evaluate cases in which:
- An investigation shows that a cadet is not qualified to continue in cadet status.
- The Superintendent decides the case shouldn’t be prosecuted under the UCMJ.
23.1. The Superintendent may pursue these actions regardless of other administrative procedures that apply to the case.
23.2. Homosexual conduct is a basis for disenrollment under this section. Process homosexual conduct cases using the Board of Officers procedure. Use AFI 36-3206 Administrative Discharge Procedures for Commissioned Officers and AFI 36-3207, Separating Commissioned Officers, as a guide for deciding homosexual conduct cases and procedures regarding recoupment of educational costs if a cadet is disenrolled for homosexual conduct. The report of the board proceedings will be forwarded using the procedures described in paragraphs 25.8 through 25.18 of this instruction.
The Air Force document containing their policy on Disenrolling Cadets for Personal Conduct can be downloaded as a PDF here.