For decades, LGBTQ+ service members in the United States military were forced to conceal their sexual orientation due to the discriminatory “Don’t Ask, Don’t Tell” (DADT) policy. Thousands of veterans were discharged under this policy, often with records that hindered their ability to access critical benefits. However, a groundbreaking settlement recently reached with the Pentagon is poised to change the lives of many of these veterans by offering them a clearer path to restore vital benefits that were denied for years.
In this blog post, we’ll explore the details of this historic settlement, the significance for LGBTQ+ veterans, and what it means for those who were discharged due to their sexual orientation under “Don’t Ask, Don’t Tell.”
What Was “Don’t Ask, Don’t Tell” and How Did It Affect LGBTQ+ Service Members?
The “Don’t Ask, Don’t Tell” policy was enacted in 1993 under President Bill Clinton. This law prohibited LGBTQ+ individuals from openly serving in the U.S. military. Service members were forced to conceal their sexual orientation, and those who were discovered to be gay, lesbian, or bisexual were often discharged.
It was not until 2011 that the U.S. military officially repealed the “Don’t Ask, Don’t Tell” policy. However, by that time, over 30,000 service members had already been discharged under its restrictions, many of whom received discharges that were far from honourable. These discharges often had long-lasting negative effects, such as preventing veterans from accessing essential benefits, including healthcare and educational assistance.
The New Pentagon Settlement: What It Means for Veterans
The recent settlement between the Pentagon and a group of plaintiffs is a significant development for the LGBTQ+ veterans who were affected by “Don’t Ask, Don’t Tell.” The case was filed in August 2023, and the settlement aims to provide a streamlined process for veterans to update their discharge records, removing any negative references related to their sexual orientation.
This settlement primarily impacts veterans who were discharged under honourable or uncharacterised discharges but who still have discriminatory indicators in their military records, such as notes related to their sexuality.
Under the settlement, these veterans will have the opportunity to:
- Remove discriminatory sexual orientation indicators from their discharge records.
- Update their re-enlistment codes from “RE-4” (disqualified for re-enlistment) to “RE-1” (eligible to re-enlist).
- Seek an upgrade to an Honourable discharge.
These changes are pivotal because they will not only improve the veterans’ eligibility for benefits but also restore their honour and dignity that was unjustly stripped away due to their sexual orientation.
The Importance of the RE-1 and RE-4 Codes for Veterans
The re-enlistment codes (RE-1, RE-4, etc.) are vital components of military discharge papers. These codes dictate whether a veteran is eligible to re-enlist or whether they are permanently barred from future military service.
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RE-1: This code means that the veteran is eligible to re-enlist in the military. It removes barriers to future service and restores the individual’s eligibility for various military programs.
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RE-4: On the other hand, an RE-4 code indicates that the veteran is ineligible for re-enlistment and may require a waiver to serve in another branch. This restrictive code often leads to difficulties in accessing critical veterans’ benefits.
The settlement allows veterans to have RE-4 codes changed to RE-1 and discriminatory indicators removed, opening up new opportunities for re-enlistment and improving access to essential veteran benefits.
What Does This Mean for Veterans’ Access to Benefits?
LGBTQ+ veterans who were discharged under DADT were often unable to access valuable military benefits due to the stigma attached to their sexual orientation. These benefits can include:
- Healthcare and medical services
- VA home loans and housing assistance
- Education and training programs
- Pension and retirement benefits
By upgrading discharge papers and removing discriminatory indicators, the settlement directly enhances these veterans’ ability to access these vital resources. Moreover, the Pentagon’s proactive review of military records helps ensure that over 18,000 veterans are eligible for benefits they were unjustly denied for years.
Steps to Access Benefits Under the Settlement
The process for accessing the benefits under this settlement is designed to be as streamlined and simple as possible. Veterans who are eligible can:
- Request the removal of discriminatory sexual orientation indicators from their records without the need to go through a formal Board of Corrections process.
- Opt-in to a group review process, where their cases will be reviewed automatically by the Pentagon without the need for a full application.
- Seek an upgrade to their discharge status, ensuring they receive an Honourable discharge and all the benefits that come with it.
This proactive review process reduces the administrative burden and ensures that these veterans receive the recognition and benefits they deserve without further delay.
Why This Settlement is a Win for LGBTQ+ Veterans
This settlement represents a major victory for LGBTQ+ veterans who were discriminated against for something as fundamental as their sexual orientation. The Don’t Ask, Don’t Tell policy caused deep harm, and this settlement offers a pathway to repair that harm.
In essence, the Pentagon is taking a significant step toward:
- Correcting historical wrongs
- Restoring dignity to thousands of veterans
- Ensuring fair access to benefits for those who served
For many of these veterans, the change is life-changing. It helps them access critical benefits they were unfairly denied and ensures they are recognised for their service.
Conclusion
The Pentagon’s historic settlement is a major turning point for LGBTQ+ veterans who were unfairly discharged under “Don’t Ask, Don’t Tell.” By allowing veterans to remove discriminatory sexual orientation indicators from their records and upgrade their discharge status, the U.S. military is correcting past injustices. Veterans can now look forward to a clearer pathway to benefits, recognition, and the honour they truly deserve for their service.
As this settlement progresses, it serves as a reminder of the ongoing need for inclusivity and fairness within military policies and the broader societal landscape. LGBTQ+ veterans will now have a better chance at securing their future and accessing the benefits that should have always been theirs.
Photo credit: VOA
