Pentagon Settles Court Case Opening Benefits to Thousands of LGBTQ+ Veterans

Pentagon sign flanked by flags, Washington, D.C.

The Pentagon agrees to settle with LGBTQ+ veterans, offering benefits and discharge upgrades to thousands affected by discriminatory policies.

At a Glance

Settlement extends benefits to approximately 30,000 LGBTQ+ veterans.
Affected veterans can update discharge papers and access VA benefits.
Settlement applies to those separated under “don’t ask, don’t tell” and earlier policies.
Process for upgrading discharges and removing sexuality references to be simplified.

Pentagon Reaches Historic Settlement with LGBTQ+ Veterans

The U.S. Department of Defense has agreed to a landmark settlement that will extend critical benefits to approximately 30,000 LGBTQ+ veterans. This agreement, stemming from a class action lawsuit, allows veterans to update their discharge papers, removing references to their sexual orientation and potentially upgrading their discharge status. The settlement marks a significant step towards rectifying past discriminatory policies that marginalized LGBTQ+ service members.

The settlement primarily affects veterans who were separated from service under the “don’t ask, don’t tell” policy, which was in effect from 1994 to 2011, as well as those affected by similar earlier policies. Under these regulations, LGBTQ+ service members were prohibited from being open about their orientation, leading to administrative separations if their status became known.

Restoring Honor and Access to Benefits

A key aspect of the settlement is the opportunity for veterans who received less-than-honorable discharges to have their status reviewed and potentially upgraded. This is crucial as a less-than-honorable discharge typically prevents access to Veterans Affairs benefits, including healthcare, education, and job placement services. The agreement aims to simplify and expedite this review process, potentially allowing affected veterans to request record changes as early as summer 2025.

The settlement is the result of the federal civil rights lawsuit, Farrell vs. Department of Defense, filed by five veterans in August 2023. The lawsuit claimed that the Pentagon had failed to grant honorable discharges or remove language about their orientation from service records after the 2011 repeal of “don’t ask, don’t tell.” While the Defense Department had previously streamlined procedures for discharge review, the plaintiffs argued that these measures were inadequate due to the burden of obtaining old personnel records.

Impact and Implementation

Of the approximately 13,000 service members separated under “don’t ask, don’t tell,” most received honorable discharges. However, about 2,000 received dishonorable discharges, which have more severe consequences for future employment and benefits. The Pentagon has already reviewed 851 cases of veterans who had not appealed their dishonorable discharges, with 96.8% receiving some form of relief.

The proposed settlement, which still requires approval from a federal judge to become legally binding, is seen as a historic step forward in providing LGBTQ+ veterans the opportunity to correct their discharge records and restore their dignity. It addresses the ongoing discrimination that many veterans faced even after the repeal of “don’t ask, don’t tell,” and aims to alleviate the challenges in correcting discharge records.

Looking Ahead

While the Pentagon has referred comments to the Justice Department, which declined to comment, the settlement has been met with positive reactions from advocacy groups and affected veterans. Sherrill Farrell, a Navy veteran and lead plaintiff in the case, expressed being overwhelmed by the news of the settlement. The agreement represents a significant stride towards ensuring access to necessary health care and disability resources for veterans who have faced systemic challenges during and after their service.

As the settlement moves forward, it will likely have far-reaching implications for LGBTQ+ veterans, potentially improving their access to crucial benefits and services while also acknowledging the value of their service to the nation. This move articulates a forward-looking approach to inclusivity and equality in the armed forces, addressing past injustices and paving the way for a more equitable future for all who serve.