The Pentagon has reached a landmark settlement with a group of LGBTQ+ veterans, streamlining the process for those discharged under the discriminatory "don't ask, don't tell" policy to have their records corrected and their benefits restored. This settlement, which still awaits federal court approval, could impact thousands of former service members who were dismissed because of their sexual orientation.
The legal agreement follows a class-action lawsuit filed in August 2023 by five LGBTQ+ veterans who argued that the Department of Defense had violated their constitutional rights by failing to upgrade their discharge status or remove references to their sexual orientation from their service records. This case represents over 30,000 veterans affected by "don't ask, don't tell" and similar policies that barred openly LGBTQ+ individuals from military service.
Under the proposed settlement, eligible veterans will be able to request changes to their discharge paperwork without undergoing the lengthy and burdensome Board of Corrections process. This includes removing discriminatory markers, upgrading discharge statuses to honorable, and adjusting re-enlistment codes to make them eligible for military re-entry. More than 18,000 veterans are expected to benefit from the agreement, which aims to restore their access to essential benefits such as tuition assistance, VA loans, and healthcare.
"This settlement is not just about correcting records; it's about restoring the honor and pride that LGBTQ+ veterans have always deserved but were denied," said Lilly Steffanides, a U.S. Navy veteran and one of the plaintiffs. Another plaintiff, Sherrill Farrell, echoed the sentiment, stating, "When I was discharged because of my sexual orientation, I felt that my country was telling me my service was not valuable. Today, I am once again proud to have served my country."
"Don't ask, don't tell," implemented in 1993, led to the discharge of over 30,000 service members before its repeal in 2011. Discharge papers often cited sexual orientation as the reason for dismissal, effectively branding these veterans and depriving them of critical benefits. The settlement seeks to address these historical injustices by simplifying the process for affected individuals to rectify their records.
The settlement builds on earlier Pentagon initiatives. Last year, the Department of Defense proactively reviewed the cases of over 800 veterans discharged under "don't ask, don't tell," granting 96.8% of them honorable discharges. Defense Secretary Lloyd Austin described the effort as part of a broader mission to correct past wrongs and honor the service of all veterans.
Critics of the previous policies argue that the treatment of LGBTQ+ service members reflected systemic discrimination within the military. U.S. Magistrate Judge Joseph C. Spero, in a June ruling that allowed the lawsuit to proceed, stated that the military's decision to leave discriminatory discharge records unchanged "was motivated by discriminatory intent."
