LGBTQ veterans file suit against the Pentagon
With the lifting of Don’t Ask Don’t Tell, individuals were allowed to continue serving or to begin service despite their sexual orientation. Now that these individuals are receiving discharges that reflect their service, LGBTQ veterans who were discharged for their sexual orientation before the lifting are calling for a change. Many received less than honorable discharges but want to upgrade their discharges to that of honorable.
From CBS News:
“Requiring LGBTQ+ veterans to first bear the stigma and discriminatory effects of carrying indicators of sexual orientation on their [discharge papers] and then navigate a broken record correction process to seek resolution violates their constitutional rights to equal protection, informational privacy, property, and due process protected by the Fourteenth and Fifth Amendments to the U.S. Constitution,” the suit says.
It’s been more than a decade since the military lifted its longstanding ban on gay and lesbian troops. But thousands of those discharged under past discriminatory policies like “don’t ask, don’t tell” are still carrying less than honorable discharges today, depriving them of the full spectrum of benefits including VA loan programs, college tuition assistance, health care and some jobs.
Over the past six months, a CBS News investigation documented the Pentagon’s long-running failure to restore honor to the service records of thousands of veterans who were deprived of veterans benefits after their military careers were cut short. The reports documented the way these veterans’ often traumatic separation from the military shaped the course of their lives.
A Pentagon spokesperson told CBS News the department does not comment on pending litigation, but in an earlier statement said that the military has an existing process consisting of a short two-page application for veterans seeking a change to their discharge. The department said “legal representation is not required to apply for a discharge review” and that the discharge review boards “continue to strive to finalize 90% of all cases within 10 months as required by statute.”
CBS News provides the balance of the story here.
Category: Veterans in the news
And In The Meantime..
Never Forget..
“Protections for Troops Booted over COVID Vaccine Mandate Added to House Defense Bill”
http://www.military.com/daily-news/2023/06/21/protections-troops-booted-over-covid-vaccine-mandate-added-house-defense-bill.html
“House Republicans moved Wednesday to protect former service members who were discharged over the military’s now-defunct COVID-19 vaccine mandate, including easing their path to reinstatement.”
“Troops who were discharged for refusing the COVID-19 vaccine could be reinstated at the rank held when they were separated and without the discharge affecting future career advancement under one of a series of amendments related to the vaccine mandate approved by the House Armed Services Committee.”
“The amendments would also require discharge review boards to take up requests to upgrade discharges for those booted solely over vaccine refusal; mandate that the Pentagon must reach out to discharged troops about how they can apply to be reinstated; exempt service academy students who weren’t commissioned because they refused the vaccine from having to pay back their taxpayer-funded tuition; and direct the Pentagon to study how much it would cost to give the discharged troops back pay and a $15,000 bonus.”
“More than 8,000 troops were discharged under a mandate that the Pentagon maintains was necessary to save lives.”
“Democrats, meanwhile, have argued that automatically reinstating troops who disobeyed a lawful order could undermine good order and discipline.” 😆😅🤣😂
“Troops Who Refused Anthrax Vaccine Paid A High Price”
https://www.militarytimes.com/news/pentagon-congress/2021/06/17/troops-who-refused-anthrax-vaccine-paid-a-high-price/
“During the first eight years that the Pentagon ran the anthrax vaccination program, hundreds of troops refused the vaccine due to perceived health risks or religious concerns — and many of them paid dearly for that decision.”
“The penalties ranged widely. Some kept on working, others received nonjudicial punishment, lost rank and pay, saw their careers ended or even faced brig time and dishonorable discharges.”
“Since then, an unknown fraction of those who were punished have sought to have their records corrected, but only a few have had success. Now, even more than 20 years later, some of those cases remain pending before military record corrections boards.”
Like Democrats understand lawful orders 🙄
🤣😅😆😂🤣😅😆😂👏👏👏
Why would anyone with options join the military today? Seriously it’s not respected, it’s standards are low, it’s not challenging anymore. Seems more like a PC prison that very well may get you killed in the event of a looming war with China. I hope that the pendulum will swing back and bring sanity back to our country and our military will reject the stupidity of the last few years and get on with its mission of defending our nation.
Fine, this is the least crazy thing they have demanded.
Remember when some folks would show up at the induction centers claiming to “play for the other team” or wearing dresses and they were sent home? A Farm Based Bakery Organization remembers…so do a bunch of us old timers.
If only there was an appeals process where one could apply to have a military discharge reviewed by a board for a possible up-grade. It could be called a Discharge Review Board or some such.
I thought the less than honorable discharges were not for being who they were but for getting caught doing what they did.
That’s correct. I processed 7 discharges from 80-81 for homosexuals. 6 were dishonorable, their homosexuality was the least of their worries. The rape, conduct unbecoming, failure to go, etc. That’s what earned the dishonorable label. The 7th guy, kid really, he just wanted out to be with his “forever lover.” We processed him administratively.
During my tour in Korea 92-93 there was a gay Airman at Kunsan who sexually molested his roommate, got him a BCD IIRC.
Is it just me? What am I missing?
In the first case, troops were discharged for being caught engaging in homosexual activities, lifestyles, etc., against then current lawful orders. In the second case, troops were discharged for refusing a shot, against then current lawful orders. In the first case, they’re demanding those discharges be upgraded. In the second case, they’re saying upgrading the discharges could, per Ninja’s link “…undermine good order and discipline.”
👍👍👍👍👍👍👍👍👍👍👍👍
👏👏👏👏👏
OAM, You NAILED IT when you commented “What am I missing?”
Don’t ask, don’t tell…..just take me to a motel
That dog’ll bite you.
When do cuttlefish, seagulls, and Marxy proggies get upgrades for supplying aid and comfort to the enemy?
Since we’re going down this road, and thanks to the Bribems’ and 0bummer’s selling state secrets to the chicomms, should those enterprising youths that got caught a scant while’go be given medals by now?
Yuri Alexandrovich Bezmenov wept.
“…despite their sexual
orientationdeviation.”Fixed that for ya.
RAND did a study of discharges under DADT.
The majority of discharges (like 80% or so) we self initiated. Meaning, PFC Schmuckatelli decided that the military wasn’t for him and said “I’m a pole smoker, kick me out.”
Further a large majority of the self identified were also facing disciplinary actions and were hoping for a General discharge rather than a punitive discharge.
THAT report got memory holed real quick.
As for the whiners in the lawsuit, you knew the rules when you signed up, you violated the rules, deal with the consequences of your actions.
I don’t remember any of this when I served in 1963-1966
If it was an illegal act at the time they were doing it, why do we worry. When weed becomes legal how do we proceed with all of those discharged for using it?
The ex post facto laws are dangerous, but granting privileges for breaking a law/regulation/order that is later rescinded, or washed over means you still committed a criminal offense by disobeying the law/regulation/order in place at the time of the dischargeable action.
Forgive my lack of concern regarding those who don’t like to way their lives turned out, and are trying to get relief. Use the existing review system to seek it, stop trying to be such a ray of sunshine.