Repealing Don’t Ask Don’t Tell: What Happens to the Dishonorably Discharged?

The inclusion of LGB people in the military have always been controversial at best. The government making it illegal for LGB people to serve in the military dates back at even to the Revolutionary War, where Lieutenant Gotthold Frederick Enslin Frederick became the first person in US history to be tried and convicted of “attempting to commit sodomy.” This continued even in World War II, where harsh tests were given to weed out gay men from service, like making them recite their sexual history while naked. World War II is also when laws for lesbians in the military were created—they didn’t exist before. This all culminated in Don’t Ask Don’t Tell (DADT). DADT was signed into law in 1993 and was repealed by 2011 by Bill Clinton. At the time it was actually seen a lot more favorably than it is now. It was theoretically lifting the ban on LGB people serving in the military, as it prohibited discrimination against people who weren’t open about their sexuality but it didn’t, not really. In a study by Alexis Wansac at the University of Central Florida it was found that there were almost 13,000 service members discharged by DADT. And then President Obama, the House of Representatives, and the Senate agreed to repeal the policy. But what about the 13,000 servicemen who were forcibly discharged—possibly dishonorably—because of their sexuality? What happens to them?

The problem with a DADT discharge is that it’s not always strictly honorable discharge—it could also be dishonorable. It wasn’t always that bad, but even sometimes it was. For context—a dishonorable discharge was given after a general court-martial for offenses such as desertion, sexual assault, and murder. Ever filled out a job application form? A lot of times they’ll ask whether or not the applicant has a service history, and if they do whether or not that discharge was honorable, or dishonorable. A dishonorable discharge can effect someone’s job prospects, and can disqualify them from VA benefits, like health and education. According to the Associated Press the first decade of DADT cost the military from $190.5 million to $363.8 million to actually discharge and fire service members. However, the Navy has been very vocal about encouraging those discharged under DADT apply for an upgraded discharge. On June 8^th for a Pentagon event for LGBT Pride month, Navy Secretary Ray Mabus said “If you were discharged under ‘Don’t ask, don’t tell,’ come in…The Board of Corrections for Naval Records will take a look at changing that discharge characterization … If you have colleagues that were discharged under that, ask them to come in — if it’s under the regulations, get that discharge characterization changed.” According to DoD data for the past 5 years, the BCNR has granted over 107 discharge upgrades, and the Navy Discharge Review Board has accepted 183 discharge upgrades. NavyTimes.com says that the easiest cases to overturn are the ones where a soldier was discharged just for being gay—clear cut. Misconduct is a bit harder, but the Navy still encourages people to apply. It’s not just discharges, but possibly re-enlistment codes for those who might want to get back into the Navy.

And it’s not limited to just LGB people kicked out during the past few decades, but even eras before DADT. For cases that are over 15 years old, there’s technically a 3 year statute of limitations, but they’re willing to make exceptions, like they did for Melvin Dwork. Dwork was a former hospital corpsman who’d been dishonorably discharged for being gay all the way back in 1944. Dwork stated in a 2014 interview with the New York Times, “It meant an awful lot to me because I know I never did anything disgraceful or dishonest.” The only way to know if the Navy will grant a veteran a higher discharge is to actually fill out the application and send it in.