Posted on Oct 12, 2021
Feds announce steps to reverse the harm of "Don’t Ask Don’t Tell"
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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.
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.
Don't ask Don't tell (DADT)
LGBTQ+
Equality
Veterans Affairs (VA)
Policy
Posted >1 y ago
Responses: 14
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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.
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.
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CPO Arthur Weinberger
You are absolutely correct. It was meant to allow these people to serve and hopefully not flaunt or have a coming out party. I have served with gays. They like any others are good and bad. Your sexual orientation should not matter. When you put it in someone's face or try to put the make on someone; we then have a problem.
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SPC Steve dePinet
PO1 Mark Koenig - Let's not forget what Arlo Guthrie said (in "Alices' Restaurant") about the morals of becoming a Soldier. A litterbug being of to low a moral value to become a soldier? I served during DADT, and knew that some of my fellow soldiers were gay (men and women), some of them were druggies, and (a lot) of them were drunks. Now, I'll add in cigarette smokers, but back then it wasn't unusual to see older NCOs doing their PT test with a cigarette dangling out of their mouth during the 'run'. None of any of that affected their performance while on duty, or if it did, they were reprimanded for it. For the druggies, they went to CDAAC, at least twice, maybe 3 times before being kicked out or losing their clearance.
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SSG Gregg Mourizen
DADT was around much longer than before Clinton made it an official policy. I knew many homosexuals in the Army, before DADT. Many of whome weren't exactly subtle about it. I went to basic with a guy who made the mistake of braging about how he was a drag queen, before joining the Army.
Just don't get caught or brag about it. It's really not that much to ask for.
The only time I cared about who was sleeping with who, is was when I found people to busy getting busy with eachother, rather than watching their sectors, or doing their jobs.
Males and females messing around on guard duty. Not acceptable.
Out in the field, we caught two soldiers messing around, on our perimeter. They were supposed to be guarding our flank. When we spotted them with the NOD's, all we could see was a butt between a pair of knees. When walking through their area the next morning, not a woman among them. We decided it would be better at that point, not to bring it to their chain of command. Not worth it.
Yeah lots of stories of like that.
Just don't get caught or brag about it. It's really not that much to ask for.
The only time I cared about who was sleeping with who, is was when I found people to busy getting busy with eachother, rather than watching their sectors, or doing their jobs.
Males and females messing around on guard duty. Not acceptable.
Out in the field, we caught two soldiers messing around, on our perimeter. They were supposed to be guarding our flank. When we spotted them with the NOD's, all we could see was a butt between a pair of knees. When walking through their area the next morning, not a woman among them. We decided it would be better at that point, not to bring it to their chain of command. Not worth it.
Yeah lots of stories of like that.
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SFC Terry Bryant
Well said sir. I served with many many homosexual individuals. We knew they were and no one freaking cared. At least until it was time for promotion and or disciplinary actions. Then all the sudden many would use their choice to distinguish themselves apart from everyone else. Not all but some.
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Sydney Glynn It's about time, I served with several professional military people that had other than hetero orientation.
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PO2 Russell "Russ" Lincoln
PO1 Mark Koenig I don't know the answer to your question. I got discharged in 95.
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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.
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