A member of the armed forces can be kicked out if one or more of the following findings is made:The actual Don't Ask, Don't Tell policy is here. In relevant part:
(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 . . . 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. [Note the differentiation between intent and propensity. Celibate gays are not welcome.]
(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 . . . 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. [Marry a transsexual, get booted from the Army? I'm having Hedwig flashbacks.]
No DCIO or other conduct DOD law enforcement organization shall an investigation solely to determine a Service member's sexual orientation.