THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

New era means new code of military conduct

Ban still in effect as Pentagon writes open service rules

AIR FORCE CHIEF OF STAFF URGES PATIENCE “The implementation . . . process will not happen immediately; it will take time,” said General Norton Schwartz. AIR FORCE CHIEF OF STAFF URGES PATIENCE
“The implementation . . . process will not happen immediately; it will take time,” said General Norton Schwartz.
By Lolita C. Baldor
Associated Press / December 21, 2010

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WASHINGTON — No public displays of affection. No separate bathrooms. No harassment and no special treatment.

As the US military begins to map out how it will implement the new edict allowing gays to serve openly, the first order of business is drafting the regulations. The rule changes under discussion won’t dictate how troops feel about the change but will strictly enforce how they act after it.

From small wording tweaks and training programs to more complex questions about benefits and religion, the proposed guidelines demand that gays and lesbians be treated like any other soldier, sailor, airman, or Marine. But they also leave the door open for some flexibility in room assignments or other instances when commanders believe it is needed to maintain order and discipline in their units.

The Senate voted Saturday to repeal the ban on openly gay service, following earlier action by the House, and President Obama plans to sign the bill into law tomorrow. But in letters to the troops over the weekend, the four military service chiefs warned that the ban is still in place and will be for some time to come.

“The implementation and certification process will not happen immediately; it will take time,’’ Air Force Chief of Staff General Norton Schwartz said in an e-mail to the ranks. “Meanwhile, the current law remains in effect. All Air Force members should conduct themselves accordingly.’’

Recommendations to implement the repeal were outlined in a 67-page report last month, and now must be formed into regulations. Defense officials said yesterday they still don’t know how long it will take before the Pentagon certifies the change will not damage combat readiness. Once certified, the implementation would begin 60 days later.

The report, however, provides a fairly detailed preview of what troops and the American public can expect, once the new rules are in place.

And it puts the heaviest burden on commanders who will have to walk a fine line between enforcing the updated code of military conduct and recognizing when they may need to make some concessions.

The plans call for strict and immediate action when the new rules are violated. But there is also an emphasis on educating troops who are having problems. For example, in a series of vignettes listed in the report, the first course of action is often counseling.

What if a recruiter refuses to process applicants who say they are gay? What about a sailor who requests a new sleeping area to get away from a gay roommate? Can a service member file a complaint against a chaplain who preaches against homosexuality? And can a gay or lesbian service member get leave to travel home when their partner is ill?

In each case the recommended process is careful and deliberate. The recruiter and the sailor should be counseled about the new rules — but in both cases commanders have the authority to approve a move if they believe it is necessary in order to maintain unit stability. And chaplains can still preach what they believe. The health and social benefits, however, are a murky area that Pentagon officials say they are trying to work through.

In some cases, service members may be able to designate a same-sex partner for benefits. In most cases, however, they are treated much like unmarried heterosexual couples. So, same-sex partners will probably not be able to share on-base housing, and commanders don’t have to make allowances for same-sex couples when making duty assignments around the globe.

Marine Colonel Dave Lapan, a Pentagon spokesman, was peppered with questions yesterday about the the implementation plan. He said he had no answers yet, as officials are just beginning to pull the plan together.

But he also stressed that the ban on open service is still in effect, and any service member who declared he or she was gay would risk enforcement of the current law, which calls for removal from service. Under a new process put in place by Defense Secretary Robert Gates, any discharges under ‘don’t ask, don’t tell’ have to be approved by the service secretaries.