Review of Military Discharges for Formerly Disenfranchised Gay Servicemembers

Over the past few decades, significant strides have been made in recognizing and respecting the rights of gay individuals in the United States military. In 2011, the repeal of the Don’t Ask, Don’t Tell (DADT) policy allowed openly gay individuals to serve in the military. However, the issue of discharges remains contentious. Should the military consider upgrading the discharges of former soldiers who were dismissed for being gay?

Context and Historical Background

Forty-three years ago, I received a speeding ticket for driving at 40 miles per hour (mph) on a road with a posted limit of 25 mph. Today, the same road has a higher speed limit, yet the initial ticket cannot be expunged or refunded, except in extraordinary circumstances. Similarly, military members who were found to be homosexuals and ultimately discharged with less than honorable discharges made a choice to break the law. Despite changes, these veterans still carry the burden of their decisions.

Legal and Ethical Considerations

Military members who were found to be homosexual and subsequently discharged were breaking the law. The law was not a secret; they knowingly chose to do so and knew the consequences. They broke the law and lived with the consequences of their actions, just as anyone else in society would.

The Current State of Affairs

The military has been working to rectify past injustices for at least a decade. Each branch has established procedures for veterans who were discharged dishonorably due to being gay to file for a change in discharge status. However, these efforts are primarily aimed at transitioning to more honorable discharge statuses and obtaining necessary documentation, not financial reimbursement or other benefits.

Arguments Against Upgrading Discharges

One of the primary arguments against upgrading discharges is that these individuals made a conscious decision to break the law. They knew the consequences and chose to face them. While the societal norms have changed, the original actions were illegal and should bear the legal consequences.

Conclusion and Future Outlook

The military's ongoing efforts to rectify historical injustices are commendable. However, upgrading discharges for those who were openly discharged for being gay raises complex legal and ethical questions. While recognizing past injustices is important, the original actions and their consequences must be acknowledged. The military can continue to support these veterans through proper discharge upgrades and documentation, but compensation for past illegal actions is more appropriately addressed through statutory mechanisms and advocacy rather than through changing legal discharges.