LGBTQ+ veterans who were separated from service solely due to their sexual orientation are also eligible to be considered for a discharge upgrade. This type of separation affected as many as 114,000 military members between World War II and the 2011 repeal of the U.S Military’s “Don’t Ask, Don’t Tell” (DADT) policy. Unfortunately, due to the lingering stigma surrounding homosexuality in the military, only around 8% of LGBTQ+ service members who had been given a dishonorable or other than honorable discharge have applied for an upgrade. As a result, thousands of veterans are being denied their right to VA benefits, college scholarships, health care and housing. With the rates of mental health issues, substance abuse, PTSD, homelessness, poverty, and suicide being significantly higher for LGBTQ+ veterans, access to these benefits are especially important. While it may be easier today to obtain a discharge upgrade for the reasons mentioned above, it is also important to understand that the repeal act only applies when both of the following conditions are met:
(1) the original discharge was based solely on DADT policies in place prior to enactment of DADT and
(2) there were no aggravating factors in the record, such as misconduct.
Typically, the award of an honorable or general discharge should be considered to indicate the absence of aggravating factors, however each request is evaluated on a case-by-case basis.