Following the repeal of "Don't ask, don't tell" in 2010, a group of LGBTQ+ veterans who were discharged from the service because of their sexual orientation filed a federal civil rights lawsuit against the Defense Department for failing to give them honorable discharges or remove discriminatory language mentioning their sexuality from their service records.
Five veterans have filed a lawsuit in the Northern District of California District Court alleging that the Pentagon's inability to stop this "ongoing discrimination" is a violation of their constitutional rights, according to CBS News.
A Lot of Veterans Still Lack Access to the Full Range of Benefits
Since the military ended its long-standing prohibition on homosexual and lesbian service members, more than ten years have passed.
But thousands of people who received less-than-honorable discharges in the past due to discriminatory laws like "don't ask, don't tell" are still without access to the full range of benefits, such as VA loan programs, financial aid for college, health care, and some jobs.
It has been revealed the Pentagon's persistent refusal to uphold the service records of thousands of veterans who were denied veterans benefits after their military careers were terminated.
According to the reports, these veterans frequently experienced traumatic discharge from the service that had a significant impact on how their lives turned out.
A representative for the Pentagon said that the agency does not comment on cases that are now in court, but that in a previous statement, the military had a mechanism in place that consisted of a brief, two-page application for veterans who wanted to modify their discharge.
According to the department, "legal representation is not required to apply for a discharge review" and the discharge review boards "continue to strive to finalize 90% of all cases within 10 months as required by statute."
Read also: US LGBTQ+ Community Is in State of Emergency, Says Human Rights Campaign
Not Seeking Monetary Damages, But Revisions on Discharge Documents
But the complaint asserts what the plaintiffs claim is a "constitutionally inadequate" response, according to the Impact Fund, Legal Aid at Work, and King and Spalding LLP.
Money damages are not being sought in the lawsuit. Instead of putting the onus on the veteran to put in the effort, it requests that the Defense Department systematically revise these veterans' discharge documents, or DD-214s, and delete all indications of sexual orientation. Because a DD-214 is so crucial to a veteran's post-military life, it bears the notation, "This is an important record. Safeguard it."
Veterans are required to present their DD-214 not only in order to receive VA benefits but also when applying for a job, a loan, or even a rental property.
Larkin thinks the case could at least assist the 35,000 veterans who were already identified by a Defense Department Freedom of Information Act request even though the full extent of prior discrimination against gay and lesbian service personnel is still unknown.
According to the statistics, from 1980 to 2011, at least 35,000 military personnel "received a discharge or separation because of real or perceived homosexuality, homosexual conduct, sexual perversion, or any other related reason." The actual number may be much higher.
Only 1,375 veterans have received relief in the form of a discharge upgrade or record correction, according to the most recent data from the Pentagon.
Related article: Military Discrimination Against LGBTQ Troops Exposed in New Report
