800 service members kicked out under DADT just got discharges upgraded to honorable

This blog is originally appeared at LGBTQ Nation.

The Department of Defense has announced that 800 military members who were discharged under Don’t Ask, Don’t Tell (DADT) have received upgrades to honorable discharges.

Defense Secretary Lloyd Austin shared the news today, highlighting that just over a year ago, the Department began proactively reviewing the records of former service members discharged due to their sexual orientation under DADT. These individuals may have been eligible for an upgrade to their discharge status or a change to their reason for separation but had not yet applied for the change.

“After a year of exceptional work, the Military Department Review Boards directed relief in 96.8% of the 851 cases that they proactively reviewed,” Austin said.

This marks a significant step in addressing the injustices faced by LGBTQ+ service members during the DADT era.

Don’t Ask, Don’t Tell (DADT) was a 1990s policy that prohibited gay and bisexual individuals from serving openly in the military. Under this policy, service members couldn’t openly declare their sexual orientation, but the military was also barred from actively investigating, harassing, or discriminating against non-straight personnel. While it aimed to provide some level of protection, the policy still enforced secrecy and led to the discharge of countless LGBTQ+ service members.

An estimated 14,000 service members were separated under Don’t Ask, Don’t Tell (DADT) with less-than-honorable discharges before the policy was repealed in 2011. These discharges meant that veterans received fewer benefits from the Department of Veterans Affairs, including assistance with home loans, tuition, and healthcare.

Last year, a group of veterans filed a civil rights lawsuit against the Department of Defense, seeking to overturn their less-than-honorable discharges. The lawsuit argued that many veterans, discharged because of their actual or perceived sexual orientation, were given a discharge status or separation codes publicly linked to “homosexuality,” depriving them of the benefits they earned through their service.

Veterans with less-than-honorable discharges often face significant hurdles when applying for jobs, apartments, and loans, as they are required to present their DD-214 discharge papers — documents that can involuntarily out them as LGBTQ+ every time they are shown.

“This case is not about damages,” said Jocelyn Larkin, one of the lawyers involved in the lawsuit. “It’s about changing that piece of paper because the impact of changing it is so incredibly consequential for our clients.”

This past January, Reps. Robert Garcia (D-CA), Mark Pocan (D-WI), and Chris Pappas (D-NH) sent a letter to Secretary Austin urging him to expedite the process of upgrading less-than-honorable discharges for LGBTQ+ service members. They noted that many veterans who sought upgrades have experienced a prolonged, burdensome process that often required legal help, and that many were unaware they even had the option to seek an upgrade.

Today, Secretary Austin reported that 96% of the service members separated under DADT have now received honorable discharges. “We will continue to strive to do right by every American patriot who has honorably served their country,” Austin said.

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