Defense Secretary Gates announces “reforms” in “Don’t Ask, Don’t Tell” discharge process

Though Congress remains gridlocked in debate over “Don’t Ask, Don’t Tell,” the Pentagon moved forward with the announcement of new regulation standards that will make it more difficult for Soldiers to be discharged under the policy.

According to NPR, Defense Secretary Robert Gates is mandating that information from third-parties must now be made under oath, and in addition must be perceived as credible before an investigation can be launched.

“I believe these changes represent an important improvement in the way the current law is put into practice, above all by providing a greater measure of common sense and common decency, to a process for handling what are difficult and complex issues for all involved,” he said at a news conference.

All branches have 30 days to implement the new changes into their policies, however the rules go into effect immediately.

In addition to these changes, Secretary Gates has also mandated the following:

• Raising the rank of officers authorized to conduct fact-finding inquiries.
• Raising the rank of officers authorized to begin investigations and conduct discharge proceedings.
• Excluding the use of confidential information in discharges, including statements made to lawyers, clergy members, mental health professionals and others.

The latter change is probably the one that will have the most direct affect on LGBT servicemembers, as it now frees them to speak with legal and chaplain staff regarding problems or concerns they may be having with in their homes that involve their partners. This can be anything from pre-deployment questions about power of attorney and wills to post-deployment stress on relationships and loved ones.

Research experts had the following to say on these latest announcements:

Nathaniel Frank, senior research fellow at the Palm Center think tank at the University of California, Santa Barbara, said narrowing the rules so that only a one-star general or flag officer can initiate an investigation may lead to a drop in the number of gay and lesbian service members discharged.

Frank said the changes may also have a positive impact on service members who are currently fighting discharge. “If they re-initiate a case, this is a signal from the military that gays can serve openly in the military without disrupting,” he said.

Denny Meyer, spokesperson for American Veterans for Equal Rights, said the changes announced by Gates call into question the reason for excluding gays and lesbians from the military in the first place.

“The whole reason for [excluding gays] is that it’s bad for unit cohesion and it’s immoral. If those reasons were valid, there would be no reason to make it easier for them to stay in,” Meyer said.

Michigan’s own, Sen. Carl Levin, chairman of the Senate Armed Services Committee, and other Democrats have said it’s time to repeal the ban and have called for a moratorium on dismissals.