Captain Richenberg disclosed his homosexuality to his superior in 1993.  After a hearing, the Board of inquiry recommended his discharge.  In 1994, this discharge was reconsidered under the new "Don't Ask, Don't Tell" policy, but again the discharge was recommended .  The discharge took effect in August of 1995, and Richenberg took the matter to court.  However, the district court rejected Richenberg's argument and supported Don't Ask, Don't Tell in order to protect "morale, unit cohesion, good order,..."  .  Richenberg appealed, but appeal court rejected his argument on the grounds that it is legitimate for the military to discharge him if he has a propensity to engage in homosexual conduct.  What was the evidence for that propensity?  His disclosure that he is homosexual.  Servicemembers are not excluded for their thoughts, orientations, or fantasies it says, but for its propensity.  Somehow the propensity is greater if there is a disclosure of homosexuality.  (One might well imagine it is less on the grounds that the self-disclosed homosexual would be less able to engage in homosexual sex secretly without drawing attention to this conduct.)

Court opinion upholds disctrict decision against Don'tAsk, Don't Tell l (Richenberg ), Oct 1996