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Homosexual Conduct

A person’s sexual orientation is considered a personal and private matter and is not a bar to entry or continued service unless manifested by homosexual conduct. Homosexual conduct is grounds for separation from the Army. “Homosexual conduct” is a homosexual act, a statement by a soldier that demonstrates a propensity or intent to engage in homosexual acts, the solicitation of another to engage in homosexual act or acts, or a homosexual marriage or attempted marriage.

Only a soldier’s commander is authorized to initiate fact-finding inquiries involving homosexual conduct. A commander may initiate a factfinding inquiry only when he has received credible information that there is a basis for discharge. Commanders are accountable for ensuring that inquiries are conducted properly and that no abuse of authority occurs. It is the commander’s responsibility alone to investigate and take action in cases of alleged homosexual conduct. Other soldiers must not engage in behavior that may injure unit cohesion and team integrity, such as repeating rumors or harassing a soldier they believe has a different sexual orientation.

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