Advocates reach deal with DOD on ‘don’t ask, don’t tell’ dismissals

LGBTQ+ advocates on Monday reached an agreement with Defense Department officials for an overhaul of discharge upgrade policies designed to help veterans previously booted from the military under the controversial “don’t ask, don’t tell” policy.

The move ends a 17-month legal battle and could impact more than 30,000 veterans. In a statement, the group Justice for LGBTQ+ Veterans said the settlement would address continued discrimination against those individuals by giving them a reasonable path to applying for honorable discharge status.

“As a Marine, I was proud to stand alongside my fellow service members, embracing the core values of honor, courage, and commitment,” said Jules Sohn, one of the plaintiffs in the case. “However, the pain and injustice of being discharged under discriminatory policies like ‘don’t ask, don’t tell’ have lingered for years.

“This settlement represents not just a recognition of those wrongs but a step toward ensuring that no service member ever faces such prejudice again.”

The agreement still must be approved by court officials before it can be finalized. However, under the terms of the deal, veterans would have the opportunity as early as this summer to request upgrades to honorable discharge status under a new military appeal process.

The military’s “don’t ask, don’t tell” policy was put in place in 1993 as a compromise to allow some level of military service for gay, lesbian and bisexual individuals. But advocates said the policy was enforced erratically and discriminatorily, and forced those troops to keep secrets about their personal lives from friends and commanders, to the detriment of unit cohesiveness.

Many discharged individuals had their veterans status left to the arbitrary whims of commanders. Those with honorable discharges could access veterans education and medical benefits. Individuals with other-than-honorable discharges were left without post-military help.

Nearly 13,500 service members were forced out of the military under the policy, according to Defense Department records. The policy was repealed in 2011, allowing gay, lesbian and bisexual individuals to serve openly in the ranks for the first time.

In October, Pentagon leaders announced that about 800 veterans previously kicked out of the military for their sexual orientation would have their dismissals automatically upgraded to honorable discharges, following a year-long review of their service records.

VA has also promised changes in how they handle benefits for those individuals. But the new agreement would go further, providing a clearer and easier path to get military records changed.

One adjustment would remove “discriminatory sexual orientation indicators” from DD-214 forms without having to go through a formal Board of Corrections process. Another would require the Defense Department to review all less-than-honorable discharges under “don’t ask, don’t tell” for potential upgrades, without a new appeal application.

Advocates said the moves “will simplify and expedite the process, offering veterans a clear pathway” to upgraded records. They could also help nearly 20,000 other military members dismissed from 1980 to 1993 for same-sex relations before the implementation of “don’t ask, don’t tell.”

Military leaders have said that less than half of the 30,000-plus service members dismissed for their sexual orientation from 1980 to 2011 received honorable discharge status.

Pentagon officials last year had moved for the lawsuit to be dismissed, but are expected to file a motion in coming days pushing for the settlement to end the legal fight. More details of the new process are expected to be released in coming months.