New Record Correction Procedures Available for LGBTQ+ Veterans Discharged Under “Don’t Ask, Don’t Tell”
Mauricio Gonzalez Sanchez, Impact Fund Legal Intern
In March 2025, a federal district court approved a settlement in a case brought by Impact Fund and cocounsel on behalf of a class of tens of thousands of LGBTQ+ veterans unfairly discharged based on sexual orientation under “Don’t Ask, Don’t Tell” [DADT] and its precursor policies. Now, the expedited remedial procedures provided for in the settlement are operational, and affected veterans can obtain corrections of their discharge papers (DD-214) to remove references to sexual orientation. Those veterans discharged with an “Other than Honorable” or “General” discharge characterization can also opt in to be reviewed for upgrade to “Honorable.”
Even though the Department of Defense had previously acknowledged DADT was harmful, discriminatory, and wrong, the existing records correction procedure was inadequate to the point of being unconstitutional. It inappropriately placed the burden on veterans to obtain their military records and put together a petition proving that an injustice occurred. For those veterans able to submit a petition, the process could extend for years with no result.
Under DADT and its predecessor policies, more than 30,000 service members were discharged for their actual or perceived sexual orientation between 1980 and 2011.
The class members who can get relief through the settlement process are veterans who:
served in the U.S. Army, Air Force, Navy, or Marine Corps; AND
were administratively separated (an involuntary discharge without a court-martial proceeding) before September 20, 2011; AND
whose reason for discharge on their DD-214 references sexual orientation in a code or the narrative reason for separation.
Now, as part of the settlement:
Class members can fill out a simple form to receive discharge forms that do not reference sexual orientation and ensure they have a re-enlistment code of RE-1.
Class members with General or Other Than Honorable discharges can opt in to a streamlined review process in which the Department of Defense gathers their records and submits them as a group for review for upgrade to Honorable.
Affected veterans must opt in to the settlement process by filling out a simple, expedited form, but do not have to submit DD -214s or evidence such as their military records. The settlement processes will remain available to veterans for at least three years.
Each branch of the military has its own process for requesting a correction or discharge review. Descriptions for the branch-specific processes can be found here:
Additionally,
The class action lawsuit, Farrell v. Department of Defense, No. 3:23-cv-04013-JCS, was litigated by the Impact Fund and cocounsel California Women’s Law Center, Legal Aid at Work, King & Spalding, and Haynes Boone.
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