Trump Administration Sued by Trans Air Force Members Over Retirement Voiding

The Trump Administration was just sued by trans members of the Air Force and Space Force for illegitimate revoking of retirement orders.

According to Advocate, the seventeen trans members filed a 19-page complaint in the U.S. Court of Federal Claims in Washington, D.C., brought by attorneys from various pro-LGBTQ+ law centers, arguing the Trump administration’s actions denied the plaintiffs retirement benefits that they earned from their 15 to 18 years of active-duty service.

The compliant claims that the Air Force issued the retirement orders this past June “by order of the Secretary of the Air Force.” These orders were based on TERA, the Temporary Early Retirement Authority, that declares the conditions in which members with at least 15 years of service are able to retire early.

The lawsuit claims that the Air Force’s rules permit revocation only in limited circumstances like fraud, mathematical error, or recent evidence, none of which occurred in this instance. However, the orders were revoked right after Trump’s transgender military ban went into effect.

Executive Order 14183, issued by President Trump in January entitled, “Prioritizing Military Excellence and Readiness” instructed the Department of Defense to “take the steps necessary to exclude transgender people from the military.”

In May, a memo was issued by Gwen DeFilippi—the Air Force’s Acting Assistant Secretary for Manpower and Reserve Affairs—that stated that trans Space and Air Force members with 15-18 years of service were able to apply as an “exception to policy” to TERA. However, by August, DeFilippi was replaced by Brian L. Scarlett, and all of those retirements were rescinded.

This complaint claims that the reversal violated the Air Force’s instruction, and that the plaintiffs are entitled to full retirement benefits. They are seeking reinstatement of the orders and retirement status as well as benefits and compensation.

One of the plaintiffs, Master Sgt. Logan Ireland (pictured above) told the Advocate, “I’ve done what my service and my country asked of me,” adding that, “My gender should have no bearing on what retirement benefits I’m afforded. Full stop.”

“The military has made me who I am. It has made me a better person,” Ireland stated, “All that I wish is for the military to see that and to honor that same sacrifice that I’ve given.”

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