Latest Changes to “Don’t Ask, Don’t Tell”

In 2010, the Department of Defense (DoD) issued changes to "Don't Ask, Don't TEll" (DADT).

What do these changes mean? 

• "Don't Ask, Don't Tell" DADT is still the law: Gay and lesbian service who attempt to serve openly and honestly are still subject to discharge; being out to anyone at anytime presents a risk to further military service.
  
• Gay and lesbian service members can still be "outed" by third parties: Based on SLDN’s preliminary analysis, service members remain vulnerable to being "outed" by third-parties. 

What are some of the most important changes? 

• Information provided in the following contexts will not be used for purposes of "Don't Ask, Don't Tell" discharges:

  •  Information provided to lawyers, psychotherapists and clergy, in their professional capacities. Specifically, statements made to clergy must be a "formal act of religion or made as a matter of conscience;"

  •  Information provided to a medical professional in furtherance of medical treatment or a public health official in the course of a public health inquiry;

  •  Information provided in the course of seeking professional assistance for domestic or physical abuse.

You can read the Department of Defense’s Summary of Changes here and the revised instructions here: 

DoD Instruction 1332.14 (“Enlisted Administrative Separations”)

DoD Instruction 1332.30 (“Separation of Regular and Reserve Commissioned Officers”)

If you have questions about how the new instructions may impact you, or about "Don't Ask, Don't Tell" in general, call 202-328-3244 x100 or email .(JavaScript must be enabled to view this email address) to schedule an appointment with an SLDN attorney.