Military to Review Removal of Thousands of Veterans Ousted Due to ‘Don’t Ask, Don’t Tell’

The Defense Department will identify and review the records of thousands of veterans forced out of the U.S. military and denied an honorable discharge because of their sexual orientation to determine if they’re eligible for a retroactive upgrade — which could open the door to benefits denied to them. 

The Pentagon announced the new initiatives Wednesday, on the 12th anniversary of Congress repealing the Clinton-era law known as “Don’t Ask, Don’t Tell.” The Pentagon estimates that roughly 2,000 service members were expelled from the military due to their sexual orientation and denied honorable discharges between 1994 and 2011. CBS News first reported the new review. 

The longstanding policy, rescinded by the Obama administration, was once touted as a compromise between those who wanted to end the ban on LGBTQ+ people serving in the U.S. military and those concerned that openly gay and lesbian service members could adversely impact morale and unit cohesion within the rank-and-file. 

A CBS News investigation revealed this year a staggeringly high number of service members drummed out of military service for their sexual orientation even before the implementation of DADT. More than 29,000 service members were kicked out and denied honorable discharges between 1980 and 2011, according to the investigation. 

A Defense Department official, speaking on the condition of anonymity, ahead of Wednesday’s announcement, told reporters that Pentagon leadership is still considering whether to include cases of service members discharged before DADT. 

“For decades, our LGBTQ+ Service members were forced to hide or were prevented from serving altogether. Even still, they selflessly put themselves in harm’s way for the good of our country and the American people,” Defense Secretary Lloyd Austin said in a statement. “Unfortunately, too many of them were discharged from the military based on their sexual orientation – and for many this left them without access to the benefits and services they earned.”

The U.S. military has multiple discharge categories which it uses to characterize an individual’s time in uniform. A service member denied an honorable discharge from the military is either denied access or has to justify access to a host of benefits available to veterans such as health care from the Department of Veterans Affairs, tuition assistance from the G.I. Bill, discounted rates on home loans and other veteran programs. 

A Pentagon official granted anonymity ahead of Wednesday’s announcement told reporters that once veterans are identified, the Defense Department will retrieve their military records from Defense Department personnel centers or the National Archives. The agency will then review veteran records for eligibility using what’s known as the Stanley Memorandum to determine if a veteran should be given an honorable discharge upgrade.

After Congress repealed DADT, former Marine Maj. Gen. Clifford L. Stanley, who later served as under secretary of defense for personnel and readiness, issued guidance to military review boards saying that service members seeking a correction to their discharge or other documents should be granted if the individual was forced out of the military per DADT to similar policy before DADT was established. 

However, Stanley’s memorandum indicated that discharges only be upgraded to either an honorable or general discharge in cases where there are no aggravating factors such as service member misconduct. Veterans whose military records meet the Stanley standards will be forwarded to the service secretaries and record review boards for consideration and final approval. 

The process to upgrade a discharge can be daunting and complex, and oftentimes a monthslong process. The Defense Department says most cases are decided in 10 months or less but some review boards give DADT cases priority. 

“More than four out of five veterans who were discharged under Don't Ask, Don't Tell who've applied for discharge upgrades or records corrections have been successful, but others might not yet have taken the opportunity,” said Deputy Secretary of Defense Kathleen Hicks in a press briefing on Wednesday. “Perhaps they tried five, 10 or 12 years ago, when the application process may have been even harder to navigate than it seems today.”

In addition to the proactive reviews, the Defense Department is also launching an outreach initiative by publishing resources for veterans online, producing podcasts to discuss how military record review boards work and posting webinars on how veterans complete the various forms needed to begin the review process. 

“We know correcting these records cannot fully restore the dignity taken from LGBTQ+ service members when they were expelled from the military. It doesn’t completely heal the unseen wounds that were left, it doesn’t make people whole again,” Hicks said. “But this is yet another step we’re taking to make sure we do right by those who served honorably.”