Two military issues that affect members of the LGBTQ+ community will be addressed in
this blog article. The purpose is to spread awareness and should not be considered
legal advice. If one of these issues affect you, you should consult with a lawyer.
Selective Service
Most people know that U.S. males ages 18-25 must register with Selective Service. Not
registering can have serious consequences, such as fines or jail time, and eligibility for
federal jobs and college financial aid. However, not everyone knows what to do if they
have changed their gender.
U.S. citizens or immigrants who were born male and have changed their gender to
female must continue to register. However, individuals who were born female and have
changed their gender to male do not. The Military Selective Service Act, including the
requirement to register, applies to all individuals who were designated male at birth. If
you were born female and have transitioned to male, you should file a form Request for
Status Information Letter (SIL), along with a copy of your female birth certificate (or
medical documentation to show that a transition has taken place) and legal
documentation to show any changes to your name.
To request a SIL that shows you are exempt, you can download an SIL request form
from the Selective Service website (https://www.sss.gov/verify/) or call them at: 847-
688-6888 or toll-free: 888-655-1825.
Discharge Upgrades
Veterans that were discharged other than honorably under Don't Ask Don't Tell (DADT)
can apply to have their discharge status upgraded.
According to the National Center on Law and Elder Rights:
• Between 1980 and the repeal of Don’t Ask, Don’t Tell in 2011, at least 32,837 service
members were discharged due to their sexual orientation
• More than 2,000 of them received a General, Other than Honorable, or
unknown/uncharacterized discharge
• These less-than-Honorable discharges impact the benefits a Veteran is entitled to
These benefits include things like healthcare, compensation for injuries, the GI Bill,
some housing programs, employment training, and veterans’ pensions. An upgraded
discharge can make a veteran eligible for these programs.
Time Deadlines
To apply for a discharge upgrade before the Discharge Review Board, the veteran must
apply within 15 years from the date of discharge. To apply before the Board for Correction of Military/Naval Records, the veteran must apply within 3 years of discovery
of the error or injustice. The Board can waive the deadline “in the interest of justice”.
The Stanley Memo
In this memo, the Department of Defense told the Boards to upgrade a discharge to
honorable with a narrative reason of “secretarial authority” when the original discharge
was based solely on DADT or a similar policy and there were no aggravating factors
such as misconduct.
On September 20, 2023, the Department of Defense announced it will proactively
review military records of Veterans whose military records indicate that their
administrative separation was the result of their sexual orientation and who received a
less than honorable discharge. https://www.defense.gov/Spotlights/Dont-Ask-Dont-Tell-Resources/
Service-Connected Compensation
Veterans who developed post traumatic stress disorder after sexual assault or
harassment, including for their LGBTQ+ status, may be eligible for service-connected
compensation.
VA Treatment
There should be an LGBTQ+ Veteran Care Coordinator in every VA health care system.
VA records should allow “Self-Identified Gender Identity “and VA employees must use a
veteran's chosen name.
Many thanks to the National Center on Law and Elder Rights for training and
publications on these important issues.