The settlement has been approved by the Court. What’s next?
Normally, if you want to change something on your DD-214, you have to submit a petition to the Board of Corrections for review. The settlement makes it easier and faster for Class Members to request changes to their DD-214s relating to sexual orientation.
Pursuant to the settlement and Court order, defendants must provide the following relief:
If your DD-214 references sexual orientation and your discharge characterization is Honorable or Uncharacterized/Entry Level, you will be able to request a new DD-214 that does not reference sexual orientation. You will receive a new DD-214 without having to go through a Board review.
If your DD-214 references sexual orientation and your discharge characterization is General Under Honorable Conditions or Under Other Than Honorable Conditions, you will be able to request to be part of a group review by the Board for an upgrade to your service characterization and a new DD-214 that does not reference sexual orientation.
You will not need to have your military record or submit a petition in order to request these corrections.
If the settlement is approved, Class Members will “release” their claims, which means that they cannot bring another group lawsuit against the Department of Defense (or the military branches) about the same issues in this lawsuit. You can find out more information about what this means at www.justiceforlgbtqveterans.com.
All Class Members will still have the option to use the regular Board review process to request corrections to their records.
Am I a part of this settlement?
The settlement applies to a group of people called the “Class.” People who are part of the Class are called “Class Members.” The settlement decides the rights of all Class Members in the lawsuit.
You are a Class Member if ALL of the following are true:
(1) You served in the U.S. Army, Navy, Air Force, or Marine Corps; AND
(2) You were administratively separated (involuntary discharged without a court martial proceeding) before September 20, 2011; AND
(3) The reason for discharge on your DD-214 references sexual orientation in a cord or the narrative reason for separation.
Do I have a lawyer in this lawsuit?
In a class action, the court appoints lawyers to represent the interests of all Class Members. The court has appointed the following counsel for the Class Members:
You do not have to pay anything to the lawyers. The Court has approved payment from the Department of Defense to the lawyers of $350,000. This is called “attorneys’ fees and costs,” and it pays the lawyers for their work and expenses they paid in this case.
You may also hire your own lawyer at your own expense.
What happens next?
The Court has approved the settlement. As the Department of Defense makes this relief available, by no later than mid-2025, Class Members will be able to request changes to their DD-214s.
The Department of Defense will post information about how to make these requests on its website. This website will also be updated with information about how Class Members can request changes to their DD-214s.
What does the settlement mean for me?
If your discharge status is currently Honorable or Uncharacterized/Entry Level, on your NEW DD-214:
Narrative reason for separation may be changed to “Secretarial Authority.”
Separation code may be changed to “Secretarial Authority.”
Re-Entry Code may be changed to “RE-1.”
Your discharge characterization will not change.
If your discharge status is currently General Under Honorable Conditions or Other Than Honorable, on your NEW DD-214:
Narrative reason for separation may be changed to “Secretarial Authority.”
Separation code may be changed to “Secretarial Authority.”
Re-Entry Code may be changed to “RE-1.”
Your discharge characterization may be upgraded. If you request a review, the Department of Defense will send your records to the Board for Corrections of Military or Naval Records for review. An upgrade to “Honorable” should normally be granted if there are no aggravating factors in your record. If you request review for an upgrade and are denied, you can still apply for corrections to your DD-214 through the regular board process.