On Sept. 20, 2011, the military repealed Don’t Ask, Don’t Tell (DADT), the policy that had prohibited gays and lesbians from openly serving in the armed forces. The repeal followed President Barack Obama’s Dec. 22, 2010 signing of the Don’t Ask, Don’t Tell Repeal Act of 2010, which reversed the 1993 DADT law (10 U.S.C. §654).
The repeal means gays and lesbians can no longer be separated from the military solely because of their sexual orientation. The military can also no longer prevent someone from serving or being admitted into the armed forces because of their statements about sexual orientation or lawful homosexual conduct.
The repeal has opened many doors for many of the estimated 14,000 former service members who were separated under DADT since 1993. Depending on the circumstances of their separations under DADT, some gay or lesbian former service members may be eligible to do the following:
Right now, any attempts to change the military records of former service members separated under DADT are cases of first impression, which means there is no precedent. Gay and lesbian former service members are blazing their own trail. Anyone who is about to take on this challenge need to beware and be prepared. Don’t just find a lawyer and expect everything will be taken care of. Former service members need someone who knows military law inside and out. A lawyer with little to no knowledge of military law will get lost in this post-DADT environment.
The military law attorneys at Tully Rinckey PLLC have several decades of combined experience in the Judge Advocate General’s (JAG) Corps, and our founding partner is the only known civilian attorney to currently serve in the Army Reserves as a lieutenant colonel.
Schedule a meeting with one of Tully Rinckey PLLC’s military law attorneys today by calling 5182187100 or e-mailing info@legal.com
Former service members discharged solely under DADT can seek reentry into the military. As a Jan. 28, 2011 Undersecretary of Defense memorandum states, former service members will be “evaluated according to the same criteria and Service requirements applicable to all prior Service members seeking reentry into the military at that time.”
Prior to policy’s repeal, a DADT-related reenlistment code (“Re-Code”) on a former service member’s DD Form 214 could have barred him or her from re-entry. Re-Codes vary among the armed forces. However, according to the Jan. 28 memo, the services should waive Re-Codes on DD Form 214 stemming from separations under DADT and related implementing regulations. For example, MARADMIN 532/11 states Marines exclusively discharged under DADT with a Re-4 code “will be processed as any other re-accession under Marine Corps Policies.”
Former service members separated under DADT and wanting to reenlist may still experience problems reentering the uniformed services due to their Re-Code. The military law attorneys at Tully Rinckey PLLC can assist gay and lesbian former service members with the following:
Schedule a meeting with one of Tully Rinckey PLLC’s military law attorneys today by calling 5182187100 or e-mailing info@legal.com.
Generally, service members separated under DADT received either an honorable or general (under honorable conditions) discharges. A general discharge could compromise a former service member’s ability to benefit from the Montgomery G.I. Bill. This discharge characterization could also impact the former service member’s ability to re-enlist. The military law attorneys at Tully Rinckey PLLC can assist gay and lesbian former service members with the following:
Schedule a meeting with one of Tully Rinckey PLLC’s military law attorneys today by calling 5182187100 or e-mailing info@legal.com.