Members of the Malmstrom LGBTQ+ Initiative Team pose for a photo with a Progress Pride Flag, Malmstrom Air Force Base, 2022. (Photo: Heather Heiney / U.S. Air Force)
A proposed legal settlement with DoD could pave the way for tens of thousands of LGBTQ+ Veterans to reclaim benefits and recognition denied to them under discriminatory policies, including the “Don’t Ask, Don’t Tell” policy.
The settlement stems from a 2024 class-action lawsuit challenging the discharge practices that disproportionately targeted LGBTQ+ Service Members. Between 1980 and 2011, more than 35,000 Service Members were discharged due to their sexual orientation or perceived orientation, often with less-than-honorable discharges. These discharges disqualified them from critical Veterans’ benefits, such as healthcare, education assistance, VA loans, and certain job opportunities.
“Don’t Ask, Don’t Tell,” which was in effect from 1994 to its repeal in 2010, prohibited LGBTQ+ Service Members from openly acknowledging their sexual orientation. Those who were discovered to be gay, lesbian, or bisexual were discharged, sometimes dishonorably. Earlier policies dating back to World War II enforced similar discriminatory practices.
The settlement would allow Veterans who received less-than-honorable discharges to request immediate reviews to upgrade their status to honorable. This would grant them access to benefits they were previously denied. Veterans whose discharge paperwork references their sexual orientation as the reason for separation will also be able to obtain updated documents with those mentions removed. The agreement is particularly significant for LGBTQ+ Veterans who have been burdened by their discharge characterization, often facing stigma during background checks for jobs, reenlistment attempts, or when seeking benefits. By simplifying and expediting the process for reviewing and updating discharge records, the settlement will provide relief for thousands of affected Veterans.
This proposed settlement builds on previous actions by the federal government to address the harm caused by DADT and other anti-LGBTQ+ policies. In 2023, the Pentagon proactively reviewed the discharge records of 851 Veterans who were administratively separated under DADT, upgrading 96.8% of those cases to honorable discharges. Similarly, in June 2023, President Joe Biden issued pardons for thousands of Veterans who had been convicted under the military’s ban on same-sex relationships between 1950 and 2013.
Despite these efforts, many Veterans have struggled to receive relief, especially those discharged prior to the implementation of DADT in 1994. The proposed settlement will bridge this gap and provide a pathway for tens of thousands of Veterans to access benefits and restore their honor.
The settlement, which has yet to be approved by a federal judge, could take effect as early as the summer of 2024. Once finalized, Veterans will be able to opt into a streamlined process to upgrade their discharge statuses, remove discriminatory references from their paperwork, and regain access to benefits.
For the more than 35,000 Veterans affected by these policies, the agreement is a significant step in addressing the long-term impacts of discrimination. It also reinforces the military’s ongoing efforts to rectify the injustices of the past and ensure equal treatment for all who have served.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
