If you served in the U.S. Armed Forces with a discharge before September 20, 2011 and your DD-214 references sexual orientation as a reason for separation, you may be eligible to benefit from a class action settlement.
The Department of Defense has agreed to settle a class action lawsuit concerning the removal of references to sexual orientation from veterans' discharge paperwork.
Who will benefit from this settlement?
You qualify for the settlement if you meet all of these requirements:
- Served in the U.S. Army, Navy, Air Force, or Marine Corps
- Were administratively separated before September 20, 2011
- Involuntarily discharged without a court martial proceeding
- Your DD-214 reason for discharge references sexual orientation in a code or narrative reason for separation
What are the settlement benefits?
The settlement will allow for the removal of sexual orientation notations from DD-214s:
- Honorable or Uncharacterized/Entry Level Discharge: Veterans can request a new DD-214 with no sexual orientation notation, without having to petition a Board of Corrections review
- General Under Honorable Conditions or Other Than Honorable Discharge: Veterans can request to be included in a group review by the Board for a service characterization upgrade and a new DD-214 that does not include a sexual orientation reference.
No claim form required to be eligible for compensation
- Veterans do not need to submit a claim to qualify for the settlement benefits.
- Within five months of court ordered final approval, the DoD will post instructions on its website and class members will be contacted.
- Qualified veterans will have three years after the records correction process launches to submit their DD-214 request
Important dates
- Fairness Hearing: March 12, 2025
- Once final approval is granted, qualified veterans will be notified and provided instructions
When does the "Don't Ask, Don't Tell" settlement take effect?
The Court has scheduled a final hearing on March 12, 2025. If approved, and there are no appeals, class members will be notified and can start requesting changes to their DD-214s in mid-2025.
Why is there a class action settlement?
The lawsuit was filed to address alleged constitutional violations by the Department of Defense due to notating sexual orientation on veterans' DD-214s. The plaintiffs argued that these references were discriminatory and invaded privacy.
A settlement was reached to resolve these claims without further litigation, and to provide an non-discriminatory option for veterans to correct their records.
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