[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 953 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 953
To provide a right for a member of the Armed Services to be voluntarily
separated from military service if the existing policy concerning
military service by homosexuals is changed so that homosexuality is no
longer incompatible with military service and if such member has
religious, moral, or personal morale objections to such a change in
policy, to provide separation benefits for certain such members, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13 (legislative day, April 19), 1993
Mr. Warner introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To provide a right for a member of the Armed Services to be voluntarily
separated from military service if the existing policy concerning
military service by homosexuals is changed so that homosexuality is no
longer incompatible with military service and if such member has
religious, moral, or personal morale objections to such a change in
policy, to provide separation benefits for certain such members, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 59 of
title 10, United States Code, is amended by adding at the end thereof
the following new section:
``SEC. XX. VOLUNTARY SEPARATION FOR REASON OF OBJECTION TO MILITARY
POLICY ON HOMOSEXUALS.
``(a) Generally.--A member of the armed forces may request
separation from the armed forces under this section and, if found
eligible for separation under this section by the Secretary of the
military department concerned, such member shall be separated from
military service as provided for in this section.
``(b) Eligibility.--A member is eligible for separation under this
section if such member--
``(1) became a member of the armed forces on or before the
date on which the policy of the Department of Defense that was
in effect on May 11, 1993, that homosexuality is incompatible
with military service, was changed to a policy under which
homosexuality is not incompatible with military service;
``(2) has not incurred or accepted any new or additional
military service obligation on or after the date of such change
in such policy;
``(3) is not eligible to retire from the armed forces;
``(4) has not previously been approved for separation from
the armed forces under any other section of law; and
``(5) has religious, moral, or personal morale objections
to such change in such policy, and has filed within one year
after the date of such change in such policy a written request
to the Secretary concerned with voluntary separation under this
section because of such religious, moral, or personal morale
objections to such change in such policy.
``(c) Administration.--The Secretary concerned shall determine,
under such regulations as are deemed appropriate by such Secretary, if
a member who requests separation under this section is eligible for
separation under this section. In determining if such a member has met
the requirements of subsection (b)(5), a written request for voluntary
separation by such member that asserts the request is made because the
member has religious, moral, or personal morale objections to such
change in such policy will generally be sufficient to establish that
such member has met the requirements of that subsection. However, the
Secretary may consider such other information as he deems appropriate
in determining if such member's request for separation is because of
such objections, including any information that such member previously
has sought separation or relief from any military service obligation
for any other reason, information concerning whether such member has
previously expressed any opinion about such member's religious, moral,
or personal morale objections to such change in such policy, or any
information that such member has expressed a desire or intent to be
separated or relieved from any military service obligation for any
other reason.
``(d)(1) Active Duty Benefits.--A member who is separated under
this section and who--
``(A) has served on active duty for more than six years on
the date of the policy change described in subsection (b)(1);
``(B) has served on active duty for not more than twenty
years on the date of such separation;
``(C) has served at least five years of continuous active
duty immediately preceding the date of such separation; and
``(D) if a Reserve, is on an active duty list,
shall be entitled to the benefits payable to either a member
voluntarily separated under section 1174a(b) or a member voluntarily
separated under section 1175, at the discretion of the member being
separated under this section.
``(2) Reserve Benefits.--A member of the Selected Reserve, as
defined in section 4412 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484), who is separated from the armed
forces under this section and who has completed at least six years of
service computed under section 1332 on the date of the policy change
described in subsection (b)(1) shall be entitled to either--
``(A) the benefits provided to member involuntarily
discharged or transferred under section 4418 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484); or
``(B) if such member also has completed at least fifteen
years of service computed under section 1332, to the rights and
benefits provided to members found eligible for such rights and
benefits under section 1331a of title 10, United States Code,
at the discretion of the member being separated under this section.
``(3) Election of Benefits.--A member separated under this section
may not receive benefits under both paragraphs (1) and (2) of this
subsection. If such a member is eligible for benefits under both
paragraphs (1) and (2) of this subsection, such member will elect which
benefits he shall receive.
``(e)(1) Date of Separation Generally.--The Secretary concerned may
determine the date upon which a member entitled to be separated under
this section is to be separated. However, except as provided in
paragraphs (2) and (3), such date of separation shall not be later than
one hundred and eighty days after receipt by the Secretary concerned of
such member's request to be separated under this section.
``(2) Requirement for Reimbursement.--Notwithstanding the one
hundred and eighty-day period established by paragraph (1), the date of
separation for a member entitled to be separated under this section who
has any military service obligation for which, because of contract,
agreement, or law, such member is liable for reimbursement to the
United States if such military service obligation is not fully served,
may not be prior to the earlier of--
``(A) the date on which the member fully reimburses the
United States for any such military service obligation as
required by such contract, agreement, or law; or
``(B) the date on which the member completes such military
service obligation.
``(3) Readiness Extension.--Notwithstanding the one hundred and
eighty-day period established by paragraph (1), the Secretary concerned
may delay the date of separation of an individual member entitled to be
separated under this section if the Secretary determines that the
separation of such member within that one hundred and eighty-day period
would create a direct and serious negative impact on the readiness of
the military department concerned. However, a delay under this
paragraph may not extend a date of separation more than two years
beyond that which would otherwise be required by paragraph (1).''.
Sec. 2. Effective Date.--This section shall take effect only if
that policy of the Department of Defense that was in effect on May 11,
1993, that homosexuality is incompatible with military service is
changed to a policy under which homosexuality is not incompatible with
military service, but shall be effective on the date of any such change
in such policy.
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