Bill Introduced
to Upgrade Discharges for Gay Vets
by
Danny Ingram
President,
American
Veterans For Equal Rights |
|
Atlanta,
GA (Jul 25, 2013); U.S. Representatives Mark Pocan (D-WI) and Charlie Rangel (D-NY) today
introduced legislation, along with 102
bipartisan cosponsors, to ensure that Lesbian,
Gay, and Bisexual veterans who were discharged
from the military because of their sexual
orientation receive the honor and recognition
they deserve. The "Restore Honor to Service
Members Act" would instill the repeal of "Don't
Ask Don't Tell" into law and support the
Department of Defense's efforts to correct the
unfairly tarnished military records of our brave
service members. Since World War II to the
repeal of "Don't Ask Don't Tell" in 2011,
approximately 114,000 service members were
discharged because of their sexual orientation.
Congressman Pocan is one of 6 openly gay members
of the House. Congressman Rangel is a US Army
veteran of the Korean War.
"For too long, tens of thousands of men and
women who selflessly risked their lives for our
country have lived with the dishonorable records
that came from the unjust `Don't Ask Don't Tell'
policy," said Pocan, co-chair of the
Congressional LGBT Equality Caucus. "But the
support we have received for our legislation
demonstrates the country's strong desire to
close the book on `Don't Ask Don't Tell' and
rightfully recognize the service of all of our
courageous service members. I look forward to
working with my colleagues on both sides of the
aisle to move forward with this effort and
restore honor to all of our brave veterans."
"As an American, a Congressman, and a Korean War
Veteran, I was proud to join my colleagues in
ending the discriminatory law that previously
barred open gay and lesbian soldiers from
serving their country," said Rangel. "Now is the
time to finish the job and ensure that all those
who served honorably are recognized for their
Honorable service regardless of their sexual
orientation."
The "Restore Honor to Service Members Act" is
about more than upgrading a piece of paper.
Every form of discharge previously given out
prior to the repeal of "Don't Ask Don't Tell"
carries with it consequences that can follow a
service member for his or her entire life. While
the characterization of the discharges varied,
many members received discharges that were
classified as "other than honorable" or
"dishonorable," particularly prior to the
implementation of the "Don't Ask Don't Tell"
policy in 1993. In many states, a dishonorable
discharge is treated as a felony, and service
members receiving a "general discharge," a
lesser offense, can encounter grave difficulties
acquiring civilian employment. All were barred
from reenlisting in the military. Depending on
the discharge received, service members may also
be blocked from voting, unemployment benefits,
participating in the GI Bill or receiving
veteran benefits such as health care, VA
disability, and ceremonial burial rights at
military cemeteries.
The "Restore Honor to Service Members Act,"
turns the current broad review policy outlined
in a memo from the Under Secretary of Defense
into clear and settled law. It ensures all
services members who were previously discharged
because of their sexual orientation receive a
timely, consistent and transparent review of
their records so that gay veterans who served
honorably have their records rightfully upgraded
to honorable. It also removes any indication of
a service member's sexual orientation from the
record, so they are not automatically "outed" to
those accessing their record and protects
against future discrimination by decriminalizing
consensual relations between same sex couples,
bringing military law in line with Supreme Court
rulings.
Statements of Support for the Restore Honor to
Service Members Act:
As President of American Veterans For Equal Rights (AVER),
I stated that we "wholeheartedly endorse and support the Restore
Honor to Service Members Act." I participated in a press
teleconference today in support of the
legislation, in which I said, "Many thousands of LGBT service
members were dishonorably discharged from WWII
to 1994, prior to DADT, and thousands more under
the DADT policy. Many elderly veterans urgently
need access to the VA care which they are
currently denied due to their discharges for
being gay. The current process of discharge
upgrades is extremely cumbersome and
bureaucratic and can take over a decade in many
cases."
"The repeal of `Don't Ask, Don't Tell' was a
tremendous first step in achieving equality in
our nation's Armed Forces. It is important that
we continue to address the discrimination that
LGBT veterans face by updating their service
records to reflect the reality of their service"
said HRC Legislative Director Allison Herwitt.
"We are thankful that Reps. Pocan (D-WI) and
Rangel (D-NY) have addressed this issue with the
"Restore Honor to Service Members Act.'"
"The September 2011 repeal of 'Don't ask, don't
tell' created a brighter future for our LGBT
service members, allowing them to serve openly
without fear of harsh professional
repercussions. But this victory for LGBT service
members' future cannot undo the injuries of the
past. Now, SWAN thanks U.S. Reps. Mark Pocan and
Charlie Rangel for seeking to do just that, "
said Anu Bhagwati, Service Women's Action
Network executive director and former Marine
Corps captain. "The 'Restore Honor to Service
Members Act' closes the loop on this
discriminatory policy: wiping out dishonorable
characterizations tied to sexual orientation and
restoring honor to those from whom it was
unjustly taken."
Note: It is unclear at this time what the
Restore Honor Act would do, if anything, for
Transgender veterans discharged from the
military. AVER has sent an inquiry to
Congressman Pocan on this issue.
AVER is the nation's LGBT Veterans' Service
Organization, serving military personnel and
veterans since 1990.
www.aver.us