Defense Department settles claims from LGBTQ+ veterans discharged under 'Don’t Ask Don’t Tell'

SAN FRANCISCO (CN) — Veterans who were discharged under the Defense Department’s “Don’t Ask Don’t Tell” policy will be able to shed their “other than honorable” discharge status under a settlement that got a federal judge’s final approval on Wednesday.

The plaintiff LGBTQ+ veterans now can change sections of their paperwork that listed their sexual orientation as the reason for their release. They claim the department violated their constitutional rights when it issued separation paperwork that involuntarily identified their orientation, a change that followed many of them after their military service.

In exchange for dismissal of the lawsuit, the government must create a streamlined process for the veterans to amend their paperwork, which many claim has resulted in denied military benefits, restricted their ability to re-enlist and caused other discrimination in civilian life.

The government did not oppose the motion.

U.S. Magistrate Judge Joseph C. Spero thanked both sides for their hard work in addressing a “problem that everyone wanted to solve.” In addition to his approval from the bench, a written order is forthcoming.

In the 2023 lawsuit the plaintiffs say the Department of Defense’s files for military veterans discharged under “Don’t Ask, Don’t Tell” violate the Constitution’s guarantees of equal protection and due process by requiring LGBTQ+ veterans to bear the stigma of carrying indicators of sexual orientation on their DD-214 — a prominent piece of separation paperwork.

Many veterans discharged under the Clinton-era policy have reported they received other than honorable discharges on their DD-214s solely for their sexual orientation, which has restricted their ability to receive military benefits post-service.

Others claim the reason for separation listed on their paperwork — which often reads “sexual orientation,” “homosexual conduct,” “homosexual admission” or “homosexual marriage” — has effectively outed them to employers when they provide the documents at their jobs.

On top of that, the plaintiffs claim that requiring veterans to navigate a “broken record correction process” to remedy the damage hinders their efforts for justice.

The settlement provides an expedited review process to veterans for their paperwork, replacing the previous, lengthy one where they had to individually obtain their military records, gather evidence or submit individual petitions to the board.

“These procedures will provide a faster, easier, and more effective avenue for veterans to request removal of all indicators of sexual orientation from their DD-214s than those currently in place,” the plaintiffs said in their settlement motion.

Veterans can change the reason for separation on their paperwork to “secretarial authority,” which the plaintiffs say is far less stigmatized, and change their reentry code to “RE-1,” which signifies that a service member is fully qualified to reenlist in the military without any restrictions.

A spokesperson for the Department of Defense declined to comment.

Attorneys for the plaintiffs did not respond to a request for comment.

This case was filed in the Northern District of California and heard at the Phillip Burton Federal Courthouse in San Francisco, California.