(b) Policy. - A member of the armed forces shall be separated from the armed
forces under regulations prescribed by the Secretary of Defense if one or more of the
following findings is made and approved in accordance with procedures set forth in such
regulations:
(1) That the member has engaged in, attempted to engage in, or solicited
another to engage in a homosexual act or acts unless there are further findings,
made and approved in accordance with procedures set forth in such regulations,
that the member has demonstrated that --
(A) such conduct is a departure from the member’s usual and
customary behavior;
(B) such conduct, under all the circumstances, is unlikely to recur;
(C) such conduct was not accomplished by use of force, coercion,
or intimidation;
(D) under the particular circumstances of the case, the member’s
continued presence in the armed forces is consistent with the interests of
the armed forces in proper discipline, _ good order, and morale; and
(E) the member does not have a propensity or intent to engage in
homosexual acts.
(2) That the member has stated that he or she is a homosexual or bisexual,
or words to that effect, unless there is a further finding, made and approved in
accordance with procedures set forth in the regulations, that the member has
demonstrated that he or she is not a person who engages in, attempts to engage in,
has a propensity to engage in, or intends to engage in homosexual acts.
(3) That the member has married or attempted to marry a person known to
be of the same biological sex.
