Feds announce steps to reverse the harm of "Don’t Ask Don’t Tell"

2021-10-12T11:05:08-04:00

In time for Oct. 11’s National Coming Out Day and the 10-year anniversary of the repeal of the military’s “don’t ask, don’t tell” policy — which for 17 years barred lesbian, gay and bisexual people from openly serving in uniform — the U.S. Department of Veterans Affairs (VA) is inviting public comment on a rules change to make it easier for Veterans harmed by that program to appeal discharge decisions and apply for benefits.

VA opened comments on Sept. 9 for another 30 days on how to structure a new framework for discharges considered “dishonorable.” Anyone can provide input, either in virtual listening sessions on Oct. 5 and 6 or in writing until Oct. 12, 2021.

“Despite serving with extraordinary honor and courage throughout our history, more than 100,000 American service members have been discharged because of their sexual orientation or gender identity — including some 14,000 under don’t ask, don’t tell,” President Joe Biden said in a statement on Sept. 20, 2021. That’s the day 10 years ago that the Don’t Ask Don’t Tell Repeal Act of 2010 (P.L. 111-321) took effect at the Obama administration’s Department of Defense.

VA has already received more than 70 “various and differing comments” on a proposed framework issued July 10, 2020. A new invitation for comment, published in the Federal Register on Sept. 9, 2021, seeks additional information that VA will consider in further updates to the discharge regulations.

More input is sought on topics such as the factors contributing to mental impairment that caused a service member to engage in misconduct, and whether and how VA should revise its proposed definition of moral turpitude.

Aim is to encourage discharge upgrades

Biden noted that many lesbian and gay Veterans received “other than honorable” discharges, which excluded them, and their families, from receiving VA benefits and services.

A VA official said one intention of the regulatory revamp is to encourage these Veterans to apply for discharge upgrades and determine their ability to receive assistance from VA.

Kayla Williams, VA’s assistant secretary for public affairs, said in a blog published Sept. 20 that the new rules would let Veterans appeal discharges based on “homosexual conduct, gender identity or HIV status.”

Under the proposed guidance, VA adjudicators who determine that service members were separated for solely these issues “are considered ‘Veterans’ who may be eligible for VA benefits.” These include compensation and pension, health care, homeless program services and the home loan guaranty.

Williams added that every “character of discharge” case first considered for denial will get a “second look” before being rejected.

Review records

Defense Secretary Lloyd Austin III said in a statement on Sept. 20 that service members who believe they were wrongly discharged or have an error in their service record may contact their military department’s Board for Correction of Military/Naval Records or Discharge Review Board.

The Clinton administration enacted DADT in 1994. Among the thousands of service members discharged under the policy were 55 Arab linguists in the post-9/11 period. This occurred despite the Army telling the then-U.S. General Accounting Office in a report released in 2002 that “greatest number of unfilled human intelligence collector positions was in Arabic.” (The GAO is now called the U.S. Government Accountability Office.)

According to a fact sheet compiled by the Center for American Progress Action Fund, researchers estimate that it costs the federal government anywhere between $10,000 to $37,000 to replace each service member discharged.

“As Secretary of Defense,” Austin said, “I am committed to improving diversity, equity, and inclusion across the force. It makes us more representative of the nation we defend. It makes us wiser. And, without question, it makes us stronger.”

Learn more

Read statements and VA’s blog regarding DADT from Sept. 20:

Austin: https://rly.pt/3DCdEjV

Biden: https://rly.pt/3FI3G2k

VA: News release, https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5720 and blog, https://blogs.va.gov/VAntage/94920.
Read the Sept. 9 request for information, submit a comment or email VA to join a listening session: https://www.regulations.gov/docket/VA-2020-VBA-0018/document.

Statement by Secretary of Defense Lloyd J. Austin III on the 10th Anniversary of the Repea

Secretary of Defense Lloyd J. Austin III observed the 10th anniversary of the repeal of “Don’t Ask, Don’t Tell” by reminding us that when we strive for greater inclusivity, we help strengthen our

Response by PO2 Russell "Russ" Lincoln made Oct 12 at 2021 11:59 AM

2021-10-12T11:59:27-04:00

Sydney Glynn It's about time, I served with several professional military people that had other than hetero orientation.

Response by CPO Arthur Weinberger made Oct 12 at 2021 1:01 PM

2021-10-12T13:01:43-04:00

What the regulations at the time stated should be enforced. If you were not allowed in because of sexual orientation; it should be enforced. We are making to many exclusions. We don't want to hurt someone's feelings. Today we are allowing personal to not receive covid vaccine and others things due to religion. How many exclusions are we going to make? What is the purpose of making a regulation if it is not going to be followed? We have different regulations for the asvab exam. Lower scores if you are a so-called minority. higher for a female. This too is unfair.

Response by CPT Lawrence Cable made Oct 12 at 2021 3:44 PM

2021-10-12T15:44:01-04:00

First of all, DADT was not an attempt to ban Homosexuals from serving in the Military, it was an attempt to allow it without going to the problem of actually changing the regulations that prohibited it in the first place. When I enlisted in 1982, two of the questions you had to answer was were you a homosexual and were you a member of any organization that wanted to overthrow the government. While I would have doubts that changing the regulations at the time would have been politically feasible, the concept was stupid from day one. You can join because we aren't going to ask you, but if we find out we are going to punish you and kick you out?
Diversity is a stupid goal for an organization that is supposed to be about teamwork. OTOH, I really don't care about who you sleep with at night as long as you do you job. What we need to be again is Army Green.

Response by SSG Robert Vieno made Oct 13 at 2021 7:03 PM

2021-10-13T19:03:15-04:00

More liberal BS. don't ask don't tell was never used to actually keep gays out. It was used only to keep 'flamboyant' behavior down. We all knew who was or wasn't gay coming into service, was never a secret. As long as they did their duty and kept a professional appearance no one cared.
Seeing the military these days I am glad I did my service and don't have to deal with it.

Response by MSgt Robert Kagel made Oct 13 at 2021 9:08 PM

2021-10-13T21:08:35-04:00

I guess many people don't remember the situation before DADT, it was starkly different.

Response by SFC Rich Gomez made Oct 13 at 2021 9:29 PM

2021-10-13T21:29:30-04:00

The Foxhle doesn't care in battle about your Race, Culture, Sex or Sexual Orientation.... Everything else is Minutiae...

Response by SSG Private RallyPoint Member made Oct 13 at 2021 10:06 PM

2021-10-13T22:06:59-04:00

As a veteran during the time frame after I if found out you were terminated to don't ask don't tell to allowing openly gay to serve as it being more harmful since allowing openly gay LGBTQ members as the cost to the military for their mental health issues, allowing them to have sex reassignment surgeries, and hormone effecting the readiness of units in which they serve by not being combat deployable due to hormone reactions and surgery schedules

Response by TSgt Private RallyPoint Member made Oct 14 at 2021 12:43 AM

2021-10-14T00:43:43-04:00

I have so many questions. But one thing is clear. If a person serves honorable the should receive an honorable discharge.
If LGBTQ....... are welcomed into the military one thing must or should be understood. There will be no sex change operations paid for with defense funds such as Manning received.
Another question: if a biological male gender identifies as a butch lesbian will this person train and sleep with the WACs and WAVs?

Response by MAJ Byron Oyler made Oct 14 at 2021 11:14 AM

2021-10-14T11:14:07-04:00

We as a society need to decide, do we punish people for things years ago or with changing mindsets, change those outcomes. Jon Gruden just lost his job over emails ten years ago and with this mindset in punishing him for actions a decade ago we should keep LGBT discharges from years ago in place. Do I agree with all of this, not really but we need to be consistent and treat both gays and straight people the same and really right now, we don't. We really cannot move forward as a society if we treat the oppressors of times past the same way we treated the oppressed. Two wrongs never make a right and right now across the board we are doing that. I took my picture off of here because I want my comments to be judged off the character of how I write and not the color of my skin.

Response by SFC Private RallyPoint Member made Oct 14 at 2021 9:14 PM

2021-10-14T21:14:22-04:00

Articles like this always line up the same batting order of old dinosaurs who spend hundreds of words telling us all that they lack the leadership abilities to deal with someone who is different from them. Guess what? I’m glad you’re out of the military now too

Response by PO1 Todd McMillin made Oct 16 at 2021 7:02 PM

2021-10-16T19:02:51-04:00

I dealt with the nonsense of DADT While in the Navy and during the first co-ed deployment in 1994/95. The fact that so many Old Guard Sailors continued to harass female sailors as "Dykes" and any feminine behavior as "Queer" was horrid to see. I spoke up against it openly and was threatened with OTH discharge; when I called out Senior Enlisted Leadership about it during Safety Briefs. The "Goat Locker/Chiefs Mess" was very homophobic and sexist back then too. While I get that times were changing there was a lot of Old (White) Men who clearly needed to be pushed out because they couldn't or wouldn't adapt to change.

When I was criticized for supporting LGBTQIA serving in the Military and specifically the Navy. I countered with the fact that the MoD and Russia (before Putin) had openly Gay Military since 1986. So if the rest of the 1st World Military Units could handle it so could the US Military. Rather than be a bunch of assholes behaving like their masculinity was in danger from a better qualified sailor who happened to have their reproductive organs on the inside.

Clearly those who couldn't adapt should be let go; just like the current bunch of COVIDIOTS who can't handle getting a vaccine or immunizations. The fact that also being sympathizers towards Sedition and Treason against the lawfully elected President Biden should bar them from service and benefits after discharge as well.

While I dislike Biden and believe that the Silent Generation/Boomers should be barred from Governmental Office if they're mentally unfit to serve regardless of which Political Party they're part of. Unless they pass a full Cognitive Health and Mental Health Check to make sure they're capable of being the Commander in Chief to make those critical decisions. Neither Hillary Clinton, Biden or Trump should have been allowed into the Oval Office or other positions of power that effects our Government and Military. The fact is that we need fresh blood vs the "Walking (Brain) Dead" we've been forced to deal with thanks to the idiots allowed vote in both the Electoral College or General Elections. This is why Rank Choice Voting needs to replace both and fix America to being what it was under Eisenhower to Jimmy Carter's Presidencies vs the shit stains since Reagan took office.

Response by SFC Casey O'Mally made Oct 21 at 2021 11:24 AM

2021-10-21T11:24:21-04:00

What harm?!?!?!?

DADT was PROGRESS. It was not a harmful policy, it was a HELPFUL one. So tired of this continuous assault on the past. We can't even recognize progress because that step to where we are now didn't get is ALL THE WAY THERE in a single step.

DADT was a great first step on the path to open service. It was imperfect, as all first steps are. But it was a NECESSARY first step that set the path for eventual open service.

Quit bashing progress.

Response by CSM Darieus ZaGara made Oct 24 at 2021 10:48 AM

2021-10-24T10:48:19-04:00

How in the Gods green earth can this be fixed when nothing was broken. The military has already provided inclusion as far as it can go, what can they do to right policy of a yesteryear. Since the PR standards have changed let’s go back 60 years and reinstate everyone who was chaptered giving them the back pay and grade they may have made along with a full pension. Yah, that’s it.

Sorry for the sarcasm.

Response by SFC Terry Bryant made Jan 13 at 2022 11:06 AM

2022-01-13T11:06:07-05:00

Pentagon spent nearly $8 million to treat 1,500 transgender troops since 2016. This was for medical and phycological treatment. This is during a time when people in the Military couldn't afford to fly airplanes and go to badly needed schools.