Are you a veteran with a DD-214 that includes your sexual orientation?
If you would like more information about a proposed nationwide class action lawsuit seeking justice for LGBTQ+ veterans discharged under “Don’t Ask, Don’t Tell” and related policies, complete the form linked below.
On August 8, 2023, five veterans filed a class action lawsuit in the Northern District of California seeking declaratory and injunctive relief from ongoing discrimination caused by Form DD-214s that indicate veterans’ actual or perceived sexual orientation.
The plaintiffs allege that the Government continues to discriminate against LGBTQ+ veterans by failing to revise DD-214s that identify the veteran’s sexual orientation in the narrative reason for discharge or discharge code. These DD-214s also often contain re-enlistment codes that prevent re-enlistment or discharge statuses below Honorable.
These plaintiffs are asking the court to issue new DD-214s for them and all class members across the country to remove references to sexual orientation, change reenlistment codes, and, if applicable, upgrade to an Honorable discharge.
On June 20, 2024 U.S. Magistrate Judge Joseph Spero issued an order denying the Government defendants’ motion to dismiss Plaintiffs’ claims. This denial means that Plaintiffs’ claims will proceed to the next phase of litigation: class certification.