Thousands of LGBTQ+ US military veterans who were discharged under the “don’t ask, don’t tell” policy due to their sexuality may soon have an easier path to accessing more benefits for their service, as per a proposed legal settlement with the Pentagon.
The settlement stems from a legal case filed in August 2023 against the Department of Defense, focusing on veterans whose discharge paperwork cited their sexual orientation as a reason for separation from the military. The agreement, pending finalization in court, was described in a news release on Monday as a historic settlement reached by the veterans involved in the case against the DoD.
Discharge paperwork referencing sexual orientation can hinder veterans from reenlisting in military service and burden them with less-than-honorable discharge characterizations, disqualifying them from valuable veterans’ benefits, according to the settlement paperwork. Over 30,000 US service members were discharged under “don’t ask, don’t tell” and earlier policies due to their sexual orientation or perceived orientation.
More than 18,000 veterans stand to benefit from the proposed settlement. Under the terms, veterans with honorable or uncharacterized discharges but with discriminatory sexual orientation indicators in their files can request removal without the need for a formal Board of Corrections process. The settlement also aims to expand existing Pentagon efforts to review the cases of veterans with other than honorable or general under honorable discharges.
The new process allows veterans to opt-in to a group review process, streamlining the removal of discriminatory sexual orientation indicators from their discharge papers, updating reenlistment codes, and seeking an upgrade to an Honorable discharge. This simplification and acceleration of the process offer veterans a clearer path to accessing critical veteran benefits.
The settlement follows the Pentagon's announcement a few months ago that over 800 US veterans were having their discharges upgraded to honorable as part of a proactive review effort for those discharged under “don’t ask, don’t tell.” Defense Secretary Lloyd Austin highlighted the success of the review process, with relief granted in 96.8% of the cases reviewed.
In September 2023, the Pentagon initiated a proactive outreach campaign to inform eligible veterans about updating their records, furthering efforts to rectify the impact of past discriminatory policies on LGBTQ+ military veterans.
