California veterans discharged under Don’t Ask, Don’t Tell may be able to obtain full benefits under new program signed into law by Governor Gavin Newsom. (Photo: Sgt. 1st Class Benjamin Cossel, U.S. Army National Guard)
On Sept. 17, Governor Gavin Newsom signed a bill aimed at helping gay, lesbian, and transgender veterans discharged under the Don’t Ask, Don’t Tell policy to obtain full veterans benefits.
Don’t Ask, Don’t Tell was repealed by the Obama Administration in 2010, allowing LGBTQ veterans to serve in the military without obstruction. When the policy was repealed, the Department of Defense enacted new policies allowing veterans who were previously discharged under Don’t Ask, Don’t Tell to receive their entitled benefits.
However, according to Newsom, the process can be lengthy and costly, and often requires claimants to hire legal counsel. To rectify the issue, California bill AB-325, introduced by Assemblymember Jacqui Irwin (D-Thousand Oaks), establishes the Veteran’s Military Discharge Upgrade Grant Program to educate veterans on the appeal process, including changing their discharge status, in addition to providing legal counsel to veterans “for free or at low cost.”
Additionally, the provisions established by AB-325 apply to veterans who were discharged less than honorably due to “a mental health condition, traumatic brain injury, sexual assault or harassment.”
The Veteran’s Military Discharge Upgrade Grant Program is to be carried out by the California Department of Veterans Affairs, or CalVet. Program funding “is subject to appropriation by the legislature.”
It is unclear exactly how many California veterans can benefit from the program, but the U.S. Department of Veterans Affairs says over 14,000 veterans were discharged under Don’t Ask, Don’t Tell nationally.
In 2021, the VA announced that it would be changing policies to grant veterans discharged on the basis of their sexual orientation or gender identity full VA benefits. Albeit, the policy change has no mechanism for legally changing a veteran’s discharge status.
Author: Christian Southards
Coming from a family with a proud military background and wanting to contribute his writing skills to a worthy cause, Christian began writing for the California American Legion in August of 2020. His father is a 25-year Army Veteran and his grandfather served in the Navy during Vietnam.