More than 800 veterans kicked out of the military because of their sexual orientation under a policy that banned gays and lesbians from serving openly, known as “don’t ask, don’t tell,” will receive an honorable discharge, Defense Secretary says Lloyd. J. Austin announced this on Tuesday.
“Under President Biden’s leadership, the Department of Defense has taken extraordinary steps to repair the damage done by ‘Don’t Ask, Don’t Tell’ and other policies against these former service members,” Austin said in a statement.
The news comes just over a year after proactively reviewing the data of LGBTQ+ veterans who may be eligible for an honorable discharge but have not yet applied for one. The more than 800 veterans who receive this assistance will see their discharge papers – known as a DD-214 – automatically changed to “honorable,” without the burden of the military’s formal process for requesting a discharge upgrade.
An honorable discharge status unlocks access to benefits that some of these veterans may have been missing out on for decades, including things like health care, tuition assistance, VA loan programs and even some jobs.
A defense official said the department is sending information to veterans who receive the upgrade on how to obtain copies of their new discharge certificates. The official also noted that because the DD-214s contain sensitive personal information, former service members will have to request the new ones themselves.
In a separate effort announced in June, President Biden sought to repair some of the damage the military justice system had caused against those suspected of homosexuality when he pardoned former military personnel convicted under military law from recent years in which consensual ‘sodomy’ was explicitly criminalized.
Last year, CBS News documented just how much in a yearlong investigation LGBTQ+ veterans continued to be denied an honorable discharge more than a decade after the military abolished “don’t ask, don’t tell.” The investigation also found that the military’s formal process for veterans seeking a discharge upgrade was confusing and time-consuming and often required the assistance of an attorney.
But the Pentagon’s review does not apply to those who served in the decades before the Clinton-era “don’t ask, don’t tell” policy took effect, when gay and lesbian troops were not only excluded of serving openly, but also of serving in the military. not at all. The CBS News investigation found that some of these veterans from decades past are among the hardest hit by the military’s long history of discrimination.
Former Air Force Captain Andrew Espinosa, who CBS News interviewed last Februaryhas fought for thirty years against what he believes was a condemnation fueled by homophobia.
In May 1993, just a few months before don’t ask, don’t tell, but in the midst of a debate raging over whether homosexuals could serve, Espinosa was accused of putting his hand on a man’s knee. kite and kissed him on the cheek. He was charged with indecent assault, convicted and dishonorably discharged – the most punitive form of separation in the military. After ten years of service to his country, Espinosa, who always maintained his innocence, was effectively a criminal.
At the time, the military claimed Espinosa’s case had nothing to do with his sexual orientation — despite a 1993 letter from a military official to his mother acknowledging that “homosexuality is a factor in this case.” Years later, following the repeal of “don’t ask, don’t tell” and the increase in support for LGBTQ+ service members, Espinosa applied for a discharge upgrade through the Air Force. He was refused.
When asked about Espinosa’s case last year, an Air Force spokesperson told CBS News, “There was insufficient evidence to warrant leniency in this case.”
Espinosa is one of an unknown number of service members court-martialed by the military for other offenses, although the driving motivation behind their discharge may have been their sexual orientation. Those veterans still have no way to restore their honor.
The Pentagon will not continue its proactive review of cases beyond the approximately 800 veterans included in today’s announcement. Others who want to request upgrades will have to submit an application. In a statement, a defense official told CBS News, “We encourage all veterans who believe they have committed a mistake or injustice to request a correction of their military records.”
