Veterans Discharged for Being Gay to Receive Upgraded Discharge Process
A group of veterans who were discharged due to policies banning gay and lesbian service members will now have a quicker way to upgrade their discharge status or remove references to their sexual orientation from their paperwork. This is thanks to a settlement agreement announced Monday, pending formal approval by a judge.
This settlement stems from a class-action lawsuit filed in 2023 by veterans affected by the “Don’t Ask, Don’t Tell” policy and other past bans on gay service members. It aims to help thousands of veterans who have struggled to upgrade their discharges and access benefits even after the repeal of the ban on gay troops.
For these veterans, the settlement offers hope. Sherrill Farrell, a Navy veteran and one of the plaintiffs, expressed her pride in serving her country. She shared, “When I was discharged because of my sexual orientation, I felt that my country was telling me that my service was not valuable.” Now, she stands up for veterans like herself, ensuring their honor is recognized.
The settlement has two key parts. Veterans with less-than-honorable discharges will have the option to join a group review process to upgrade their discharges, avoiding a lengthy individual application process. Alternatively, veterans with honorable discharges or an uncharacterized discharge can request to remove any references to their sexuality from their DD-214s without a formal review.
Over 30,000 veterans could benefit from these streamlined processes under the proposed settlement, as estimated by the plaintiffs’ lawyers. According to pro bono lawyer Radha Manthe, this settlement is a historic step forward, providing LGBTQ+ veterans with the chance to revise their discharge records seamlessly and restore the dignity they deserve.
While the Defense Department referred inquiries to the Justice Department, which did not provide an immediate response, the impact of having a less-than-honorable discharge remains a concern. This status restricts access to certain VA benefits, home loans, tuition assistance, and health care. Additionally, disclosure of sexual orientation on DD-214s can put veterans in uncomfortable situations.
Last year, the Pentagon took action by automatically upgrading the discharges of over 800 former service members affected by “Don’t Ask, Don’t Tell.” Despite this, the lawsuit continued, highlighting the need for a more straightforward process for veterans. Settlement negotiations began after the judge ruled in favor of the plaintiffs.
The streamlined processes established through this settlement will be accessible for at least three years, aiming to provide relief and dignity to veterans who have long been burdened by their discharge status.
