Updating dishonorable discharge statuses in post-DADT America
On September 20, 2011 President Obama signed the Don’t Ask, Don’t Tell Repeal Act of 2010, thereby allowing LGB people to serve openly in the military. What this effectively meant is that service members could no longer be dishonorably discharged on the basis of their sexual orientation. However, what does this mean for the 13,000+ people who were dishonorably discharged under DADT alone? A dishonorable discharge isn’t just a slap on the wrist that only matters within the military sphere — those who were discharged dishonorably are barred from most veteran benefits like the GI Bill educational provisions, lifelong health care, and military veteran benefits like being buried at a national cemetery with military honors and flags, or wearing a uniform or any medals earned.
In addition, many states view dishonorable discharge as a felony since most of the dishonorable discharge cases involve rape, murder, or desertion. Because of this, individuals dishonorably discharged for being LGB will also likely lose unemployment benefits, ability to take out loans, own firearms, and vote. Securing a job will also prove difficult as a dishonorable discharge shows up during routine background checks. Put plainly, a dishonorable discharge will thoroughly f*ck up your life.
Luckily, the military has a Discharge Review Board that a veteran can petition in order to have their discharge status upgraded. Unfortunately, that’s where the luck ends. The update is a tedious process that can take years and is only available to those who have been discharged within the last 15 years. The veterans who were discharged under LGB suspicion before the 15-year window don’t have any other traditional reviews at their disposal. Since the repeal of DADT, the Department of Defense has upgraded about 80 percent of dishonorable discharges related to homosexuality, but many servicemembers remain unsatisfied with the progress. After all, a dishonorable discharge has caused them poor employment opportunities and practically no benefits as well as virtual excommunication from their communities.
Because of the hurdles associated with changing your status, a bipartisan bill entitled Restore Honor to Service Members Act was introduced to Congress in 2013. However, it hasn’t moved toward legislation and in 2015 was reintroduced in hopes of winning a favorable ruling. Most recently, Hillary Clinton spoke up about changing the status en masse for all of those who were dishonorably discharged for LGB-related reasons. As it stands, however, LGB discharged individuals must petition their cases individually. There are many pro bono organizations available like the Veterans Consortium, Swords to Plowshares, and AMVETS Legal Clinic to help veterans win their cases.
With the growing public acceptance of LGB individuals, the passage of the Restore Honor to Service Members Act becomes increasingly possible and hopefully soon we’ll be able to put this shameful part of our history to bed.
