Chapter 15: Discharge for Homosexual Conduct

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Before initiating any action regarding homosexual conduct, CONTACT YOUR TRIAL COUNSEL!!!! A soldier may be separated under this chapter if the soldier has engaged in, attempted to engage in, or solicited another person to engage in a homosexual act or acts, or has the propensity to engage in any of the aforementioned acts.  

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1-16 Counseling Required:	No (1-16a)
Medical Required:	Yes (1-32a)
Mental Required:	Yes (1-32b)
Approval Authority:	Bde Cdr, (1-19c(2)(a)), unless UOTH is warranted – CG approves UOTH
Type of discharge authorized:	Honorable or General, Under Honorable Conditions. A discharge Under Other Than Honorable (UOTH) Conditions is authorized but see note below.

UP AR 635-200, paragraph 15-4a, when the sole basis for separation is homosexual conduct, a discharge Under Other Than Honorable (UOTH) Conditions may be issued only if there is a finding during the current term of service that the soldier attempted, solicited, or committed a homosexual act:

• By using force, coercion or intimidation
• With a person under 16 years of age
• With a subordinate in circumstances that violate customary military superior-subordinate relationships
• Openly in public view
• For compensation
• Aboard a military vessel or aircraft
• In another location subject to military control under aggravating conditions noted in the finding that have an adverse impact on discipline, good order, or morale comparable to the impact of such activity aboard a vessel or aircraft

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Documents Required for Chapter:

• A statement by the soldier that demonstrates a propensity or intent to engage in homosexual acts. Soldiers are entitled to visit the Legal Assistance Office of the OSJA for guidance and assistance before writing their statement.

OR

• Request for separation
• Documentation showing that the soldier has engaged in homosexual acts. If a discharge under UOTH Conditions is contemplated, include supporting documents.
• Medical examination
• Mental examination
• Debt avoidance counseling
• DA Form 2A
• DA Form 2-1 or ERB
• FLAG for elimination

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