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Spotlight

Don't Ask, Don't Tell Resources

DOD is committed to increasing its efforts to reach LGBTQ+ veterans discharged under less than honorable conditions for homosexual conduct prior to the repeal of Don't Ask, Don't Tell to ensure they are aware of the process to request a correction to their military record.

DOD Seal

"As we mark the 12th anniversary of the repeal of "Don't Ask, Don't Tell," I want to recognize the service members, DOD civilians and DOD families who served courageously and forged new pathways for future generations of our force. Their contributions have made our armed forces more representative of the American people and better equipped to tackle future challenges."

~ Secretary of Defense Lloyd J. Austin III, Sept. 20, 2023

Summary

On Sept. 20, 2011, Congress repealed the law known as "Don't Ask, Don't Tell" — allowing courageous gay, lesbian and bisexual service members to serve the country they love without hiding who they love and paving the way for the inclusion of all LGBTQ+ troops in our military.

DOD is committed to increasing its efforts to reach LGBTQ+ veterans discharged under less than honorable conditions for homosexual conduct prior to the repeal of Don't Ask, Don't Tell (DADT) to ensure they are aware of the process to request a correction to their military record.

Separation Data for Personnel Separated Under the 'Homosexual Conduct' Policy

Pre-DADT
1980-1993
DADT
1994-2011
Total
Honorable 11,597 7,045 18,642
General (Under Honorable Conditions) 5,192 1,169 6,361
UO/OTH* 1,193 406 1,599
Uncharacterized/ Entry-Level 975 4,426 5,401
Unknown/ Not Applicable** 408 426 834
Total 19,365 13,472 32,837

* Because of the way the military services input data and the way Defense Manpower Data Center retrieves data, some punitive discharges may be included in the under other than honorable/other than honorable discharge category. Unfortunately combining UO/OTH service characterizations with bad-conduct discharges has caused confusion. No service member whose basis for discharge was homosexual conduct would have been eligible for a punitive discharge. However, there is no way for DMDC to disaggregate this data.

** This category reflects a gap in the database where this was a homosexuality separation code but no identified characterization.

The Repeal Process

Veteran's Affairs Summary of Benefits Based on Character of Discharge

*This chart summarizes how the Department of Veterans Affairs considers character of discharge in the administration of various benefit programs.

*Even with a less than honorable discharge, veterans may be able to access some VA benefits. We encourage all veterans to apply and allow VA to make an eligibility determination.

*A "veteran" for VA purposes is an individual who has:

  • qualifying military service (type and length of service), and
  • a discharge or release under conditions other than dishonorable

*Certain benefits have length of service and other specific requirements in addition to the character of discharge.

Recognizing the repeal of DADT may be a relevant factor when evaluating requests for service record corrections by former service members, the Under Secretary of Defense for Personnel and Readiness, Clifford L. Stanley, issued a policy memorandum providing guidance to the Military Department Review Boards when reviewing applications to correct the records of individuals discharged under DADT, or a similar policy in place prior to DADT.

The Stanley Memorandum instructs the Military Department Review Boards to normally grant requests to change a narrative reason for discharge, a characterization of discharge, and re-entry codes for former service members under the following conditions:

  1. The original discharge was based solely on DADT or a similar policy in place prior to the enactment of DADT;
  2. There are no aggravating factors in the record, such as misconduct.

The Stanley Memorandum also provides that the repeal of DADT should be considered a sufficient basis to support reconsideration of such requests for applicants who have previously filed with either their Military Department Discharge Review Board (DRB) or Board for Correction of Military/Naval Records (BCM/NR).

Discharged Within the Last 15 Years

Service members who were discharged for their sexual orientation within the last 15 years can apply to their military department's discharge review board. Select below for additional information or to apply:

Discharged More Than 15 Years Ago

Service members who were discharged for their sexual orientation more than 15 years ago can apply to their military department's board for correction of military/naval records. Select below for additional information or to apply:

Summary

On Sept. 20, 2011, Congress repealed the law known as "Don't Ask, Don't Tell" — allowing courageous gay, lesbian and bisexual service members to serve the country they love without hiding who they love and paving the way for the inclusion of all LGBTQ+ troops in our military.

DOD is committed to increasing its efforts to reach LGBTQ+ veterans discharged under less than honorable conditions for homosexual conduct prior to the repeal of Don't Ask, Don't Tell (DADT) to ensure they are aware of the process to request a correction to their military record.

Separation Data for Personnel Separated Under the 'Homosexual Conduct' Policy

Pre-DADT
1980-1993
DADT
1994-2011
Total
Honorable 11,597 7,045 18,642
General (Under Honorable Conditions) 5,192 1,169 6,361
UO/OTH* 1,193 406 1,599
Uncharacterized/ Entry-Level 975 4,426 5,401
Unknown/ Not Applicable** 408 426 834
Total 19,365 13,472 32,837

* Because of the way the military services input data and the way Defense Manpower Data Center retrieves data, some punitive discharges may be included in the under other than honorable/other than honorable discharge category. Unfortunately combining UO/OTH service characterizations with bad-conduct discharges has caused confusion. No service member whose basis for discharge was homosexual conduct would have been eligible for a punitive discharge. However, there is no way for DMDC to disaggregate this data.

** This category reflects a gap in the database where this was a homosexuality separation code but no identified characterization.

The Repeal Process

Veteran's Affairs Summary of Benefits Based on Character of Discharge

*This chart summarizes how the Department of Veterans Affairs considers character of discharge in the administration of various benefit programs.

*Even with a less than honorable discharge, veterans may be able to access some VA benefits. We encourage all veterans to apply and allow VA to make an eligibility determination.

*A "veteran" for VA purposes is an individual who has:

  • qualifying military service (type and length of service), and
  • a discharge or release under conditions other than dishonorable

*Certain benefits have length of service and other specific requirements in addition to the character of discharge.

Recognizing the repeal of DADT may be a relevant factor when evaluating requests for service record corrections by former service members, the Under Secretary of Defense for Personnel and Readiness, Clifford L. Stanley, issued a policy memorandum providing guidance to the Military Department Review Boards when reviewing applications to correct the records of individuals discharged under DADT, or a similar policy in place prior to DADT.

The Stanley Memorandum instructs the Military Department Review Boards to normally grant requests to change a narrative reason for discharge, a characterization of discharge, and re-entry codes for former service members under the following conditions:

  1. The original discharge was based solely on DADT or a similar policy in place prior to the enactment of DADT;
  2. There are no aggravating factors in the record, such as misconduct.

The Stanley Memorandum also provides that the repeal of DADT should be considered a sufficient basis to support reconsideration of such requests for applicants who have previously filed with either their Military Department Discharge Review Board (DRB) or Board for Correction of Military/Naval Records (BCM/NR).

Discharged Within the Last 15 Years

Service members who were discharged for their sexual orientation within the last 15 years can apply to their military department's discharge review board. Select below for additional information or to apply:

Discharged More Than 15 Years Ago

Service members who were discharged for their sexual orientation more than 15 years ago can apply to their military department's board for correction of military/naval records. Select below for additional information or to apply:

Summary

On Sept. 20, 2011, Congress repealed the law known as "Don't Ask, Don't Tell" — allowing courageous gay, lesbian and bisexual service members to serve the country they love without hiding who they love and paving the way for the inclusion of all LGBTQ+ troops in our military.

DOD is committed to increasing its efforts to reach LGBTQ+ veterans discharged under less than honorable conditions for homosexual conduct prior to the repeal of Don't Ask, Don't Tell (DADT) to ensure they are aware of the process to request a correction to their military record.

Separation Data for Personnel Separated Under the 'Homosexual Conduct' Policy

Pre-DADT
1980-1993
DADT
1994-2011
Total
Honorable 11,597 7,045 18,642
General (Under Honorable Conditions) 5,192 1,169 6,361
UO/OTH* 1,193 406 1,599
Uncharacterized/ Entry-Level 975 4,426 5,401
Unknown/ Not Applicable** 408 426 834
Total 19,365 13,472 32,837

* Because of the way the military services input data and the way Defense Manpower Data Center retrieves data, some punitive discharges may be included in the under other than honorable/other than honorable discharge category. Unfortunately combining UO/OTH service characterizations with bad-conduct discharges has caused confusion. No service member whose basis for discharge was homosexual conduct would have been eligible for a punitive discharge. However, there is no way for DMDC to disaggregate this data.

** This category reflects a gap in the database where this was a homosexuality separation code but no identified characterization.

The Repeal Process

Veteran's Affairs Summary of Benefits Based on Character of Discharge

*This chart summarizes how the Department of Veterans Affairs considers character of discharge in the administration of various benefit programs.

*Even with a less than honorable discharge, veterans may be able to access some VA benefits. We encourage all veterans to apply and allow VA to make an eligibility determination.

*A "veteran" for VA purposes is an individual who has:

  • qualifying military service (type and length of service), and
  • a discharge or release under conditions other than dishonorable

*Certain benefits have length of service and other specific requirements in addition to the character of discharge.

Recognizing the repeal of DADT may be a relevant factor when evaluating requests for service record corrections by former service members, the Under Secretary of Defense for Personnel and Readiness, Clifford L. Stanley, issued a policy memorandum providing guidance to the Military Department Review Boards when reviewing applications to correct the records of individuals discharged under DADT, or a similar policy in place prior to DADT.

The Stanley Memorandum instructs the Military Department Review Boards to normally grant requests to change a narrative reason for discharge, a characterization of discharge, and re-entry codes for former service members under the following conditions:

  1. The original discharge was based solely on DADT or a similar policy in place prior to the enactment of DADT;
  2. There are no aggravating factors in the record, such as misconduct.

The Stanley Memorandum also provides that the repeal of DADT should be considered a sufficient basis to support reconsideration of such requests for applicants who have previously filed with either their Military Department Discharge Review Board (DRB) or Board for Correction of Military/Naval Records (BCM/NR).

Discharged Within the Last 15 Years

Service members who were discharged for their sexual orientation within the last 15 years can apply to their military department's discharge review board. Select below for additional information or to apply:

Discharged More Than 15 Years Ago

Service members who were discharged for their sexual orientation more than 15 years ago can apply to their military department's board for correction of military/naval records. Select below for additional information or to apply:

FAQs for Veterans Seeking Information About Seeking a Discharge Upgrade

Because each case is heard on an individual basis, processing times will vary. Most BCM/NR cases are decided in 10 months or less. Additionally, some of the review boards give DADT-related applications priority for consideration and are frequently heard in an even shorter period of time.

No, a lawyer is not needed to apply to either the DRB or BCM/NR. However, applicants may retain a private attorney at their own cost if desired. Additionally, if you qualify as a veteran, there are several veterans' service organizations that can provide free representation in Military Department Review Board cases, such as the American Legion, Disabled American Veterans, the Order of Purple Heart or your local county veteran service officer.

Veterans seeking a discharge upgrade or record correction must complete and submit the appropriate review board application — DD Form 293 (DRB) or DD Form 149 (BCM/NR). Applicants are encouraged to clearly write or check the "DADT" or "Don't Ask, Don't Tell" on their application form to identify their case as potentially eligible for consideration under the Stanley Memorandum policy guidance.

While the review board will obtain and review a copy of the veteran's official service records in each case, applicants are encouraged to submit a copy of their separation packet with their application and any other relevant documents or information not normally contained within their service record along with their DD Form application.

Most of the review boards accept and encourage electronic submission of applications online. For additional information or to apply: Air Force/Space Force, Army, Navy/USMC.

Applicants before the DRBs are entitled to a personal hearing, if desired.

Applicants before the BCM/NRs may request a personal hearing; however, they are not common and are only granted if the BCM/NR determines a hearing is necessary to decide the case.

Yes, veterans who were discharged for their sexual orientation and received an honorable characterization of service can also apply to the review boards to have other aspects of their discharge changed such as the narrative reason for separation or re-enlistment code (RE code).

Veterans who were discharged for misconduct or reasons unrelated to DADT are still eligible to apply to the review boards for a discharge upgrade or record correction if they believe their discharge was related to their sexual orientation. In these situations, these veterans will need to provide sufficient information/evidence to establish an error or injustice existed in their discharge.

Applying is relatively easy — the only requirement to initiate a case is the initial submission of the DD Form application. While the review boards may ask for additional information if needed to decide your case, most DADT-cases are decided upon the initial submission alone and applicants are not required to provide supplemental information for their case to be decided.

Additionally, the Stanley Memorandum policy guidance makes it very likely that qualifying DADT veterans will receive a favorable result. In fact, 84% of DADT veterans that have applied to the review boards have been granted some form of relief. Specific review board DADT-case data is tabulated by military service below.

Veterans who receive an upgrade in their service characterization may be entitled to (additional) veteran benefits through the Department of Veterans Affairs. For more information see the Veteran Benefits Administration website.

The department encourages application to the review boards and as shown below, statistics indicate that if a veteran uses the correction process it is highly likely the result will be positive.

Service Review Boards Results Data (Current as of March 2023)

Army Review Board DADT-Related Case Data*

  Discharge Review Board Board for Correction of Military Records Total
Total Applications Received 135 335 470
Total Applications Relief ** Granted 124 308 432
Total Applications Request Denied 11 27 38
Percentage Granted 91.85% 91.94% 91.91%
Percentage Denied 8.15% 8.05% 8.09%

* This represents DADT-related cases received by the Army Review Boards between October 2011 to March 2023.

** This figure includes all cases where any form of relief was granted, but not necessarily all relief requested by the applicant.

  Discharge Review Board Board for Correction of Naval Records Total
Total Applications Received 133 677 810
Total Applications Relief** Granted 110 517 627
Total Applications Request Denied 23 160 183
Percentage Granted 82.71% 76.36% 77.40%
Percentage Denied 17.29% 23.63% 22.59%

* This represents DADT-related cases received by the Naval Discharge Review Board from 2011 to March 2023 and by the Board for Correction of Naval Records from 2013 to March 2023.

** This figure includes all cases where any form of relief was granted, but not necessarily all relief requested by the applicant.

USMC Review Board DADT-Related Case Data *

  Discharge Review Board Board for Correction of Naval Records Total
Total Applications Received 82 179 261
Total Applications Relief** Granted 69 145 214
Total Applications Request Denied 13 34 47
Percentage Granted 84.15% 81% 81.99%
Percentage Denied 15.85% 19% 18.01%

* This represents DADT-related cases received by the Navy Review Boards between 2013 and March 2023.

** This figure includes all cases where any form of relief was granted, but not necessarily all relief requested by the applicant.

Air Force Review Board DADT-Related Case Data*

  Discharge Review Board Board for Correction of Air Force Records Total
Total Applications Received** 13 129 142
Total Applications Relief*** Granted 13 120 133
Total Applications Request Denied 0 9 9
Percentage Granted 100% 93% 96.5%
Percentage Denied 0% 2% 2%

AF DRB and BCMR numbers are based on AFRBA data and reflect cases where DADT applied. Punitive discharges and applications where the member incorrectly indicated DADT were not included.

* This represents DADT-related cases received by the Air Force Review Boards between Fiscal Year 2015 and March 2023.

** The numbers in this table are based on the Air Force Review Board Agency data that reflect cases where DADT applied. Punitive discharges and applications where the member incorrectly indicated DADT were not included.

*** This figure includes all cases where any form of relief was granted, but not necessarily all relief requested by the applicant.