Defense Department Reaches Settlement for LGBTQ+ Veterans Discharged Under ‘Don’t Ask Don’t Tell’

A federal judge has approved a settlement allowing LGBTQ+ veterans discharged under the Defense Department’s “Don’t Ask, Don’t Tell” policy to change their discharge status from “other than honorable.” This landmark decision will enable these veterans to amend official documents that previously listed their sexual orientation as a reason for their separation from military service, which many argue violated their constitutional rights.

The settlement follows a lawsuit alleging that the Department of Defense’s records imposed a stigma on LGBTQ+ veterans, leading to difficulties in receiving military benefits and facing discrimination in civilian life. The government has agreed to create a streamlined process for veterans to amend their paperwork, making it easier for them to correct the historical injustice they faced.

U.S. Magistrate Judge Joseph C. Spero expressed appreciation for both parties’ collaborative problem-solving efforts. The court’s approval of the settlement was met with optimism from the plaintiffs, who anticipate that the new process will alleviate the administrative burdens previously associated with changing their discharge statuses. The written order detailing the terms is expected to follow shortly.

The 2023 lawsuit underscored that the military’s documentation process violated the constitutional rights of the veterans by requiring them to carry indicators of sexual orientation on their DD-214 separation documents. Discrepancies such as “homosexual conduct” or “homosexual admission” have further marginalized these veterans in both military and civilian contexts.

A broken record correction system had compounded their struggles, hindering access to justice. The newly approved settlement promises an expedited review process, eliminating the need for veterans to secure individual military records or submit lengthy petitions for correction.

With the settlement, veterans will now be able to classify their separation under “secretarial authority,” a term deemed less stigmatizing. Furthermore, the change to a reentry code of “RE-1” will clarify their eligibility to reenlist in the military without restrictions.

Officials from the Department of Defense have chosen not to comment on this development. Additionally, attorneys representing the plaintiffs did not respond to requests for further statements on the matter. This case was filed in the Northern District of California and was conducted at the Phillip Burton Federal Courthouse in San Francisco.