17 min
MLM 116 - Lawsuits against the Air Force & Department of Defense relating to Unjust Discharges Military Law & Life Matters
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- Educação
Learn how two lawsuits against the Air Force and the Department of Defense may impact your discharge and DD Form 214.
1) The Air Force lawsuit "challenges the AFDRB’s systemic denial of discharge status upgrades to Air Force veterans who (1) served during the Iraq and Afghanistan era, (2) received less-than-Honorable discharges, and (3) incurred service-connected mental health conditions such as PTSD (and related conditions), Traumatic Brain Injury (TBI), or experiences of MST or IPV. (Intimate Partner Violence). They allege that the Air Force has arbitrarily and capriciously failed to apply DoD’s policy of liberal consideration to discharge upgrade applications filed by these veterans."
2) The DoD lawsuit alleges that the "Government’s discriminatory dismissal of LGBTQ+ service members on the basis of their actual or perceived “homosexuality” was unconstitutional. Likewise, the Government’s issuance of DD-214 forms with discriminatory narrative reasons for separation, separation codes, and reenlistment bars is unconstitutional. LGBTQ+ veterans are not treated equally to other veterans, who are issued dismissal paperwork free of references to their sexual orientation."
The plaintiffs asks the Court to require Defendants to conduct a comprehensive review of every discharge processed pursuant to DADT and its predecessor policies and systematically remove all indicators of sexual orientation—including (1) narrative reasons for separation, and (2) affiliated separation codes from veterans’ DD-214s (and reenlistment codes)—and to require the Defendants to systematically upgrade discharge characterizations to Honorable.
UPDATE: "On Sept. 20, 2023, DoD announced it will proactively review military records of veterans whose military records indicate their administrative separation was the result of their sexual orientation and who received a less than honorable conditions discharge. The department will first identify veterans discharged during the "Don't Ask, Don't Tell" period (1994-2011) and then take steps to retrieve their relevant military records, for example from the National Archives. After a preliminary review and an assessment that an upgrade in discharge may be warranted, DOD will transmit the names to the service secretaries for consideration and potential correction through the Military Department Boards for Correction of Military/Naval Records (BCM/NR)."
Click on the DoD DADT Resources page link below for more information.
https://www.defense.gov/Spotlights/Dont-Ask-Dont-Tell-Resources/
The Air Force Review Boards Agency website also has information pertaining to the Don't Ask Don't Tell (DADT) Repeal and correcting your records.
https://afrba-portal.cce.af.mil/#dadt
Never ever give up - There is always Hope
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Send in a voice message: https://podcasters.spotify.com/pod/show/ferah-ozbek/message
Learn how two lawsuits against the Air Force and the Department of Defense may impact your discharge and DD Form 214.
1) The Air Force lawsuit "challenges the AFDRB’s systemic denial of discharge status upgrades to Air Force veterans who (1) served during the Iraq and Afghanistan era, (2) received less-than-Honorable discharges, and (3) incurred service-connected mental health conditions such as PTSD (and related conditions), Traumatic Brain Injury (TBI), or experiences of MST or IPV. (Intimate Partner Violence). They allege that the Air Force has arbitrarily and capriciously failed to apply DoD’s policy of liberal consideration to discharge upgrade applications filed by these veterans."
2) The DoD lawsuit alleges that the "Government’s discriminatory dismissal of LGBTQ+ service members on the basis of their actual or perceived “homosexuality” was unconstitutional. Likewise, the Government’s issuance of DD-214 forms with discriminatory narrative reasons for separation, separation codes, and reenlistment bars is unconstitutional. LGBTQ+ veterans are not treated equally to other veterans, who are issued dismissal paperwork free of references to their sexual orientation."
The plaintiffs asks the Court to require Defendants to conduct a comprehensive review of every discharge processed pursuant to DADT and its predecessor policies and systematically remove all indicators of sexual orientation—including (1) narrative reasons for separation, and (2) affiliated separation codes from veterans’ DD-214s (and reenlistment codes)—and to require the Defendants to systematically upgrade discharge characterizations to Honorable.
UPDATE: "On Sept. 20, 2023, DoD announced it will proactively review military records of veterans whose military records indicate their administrative separation was the result of their sexual orientation and who received a less than honorable conditions discharge. The department will first identify veterans discharged during the "Don't Ask, Don't Tell" period (1994-2011) and then take steps to retrieve their relevant military records, for example from the National Archives. After a preliminary review and an assessment that an upgrade in discharge may be warranted, DOD will transmit the names to the service secretaries for consideration and potential correction through the Military Department Boards for Correction of Military/Naval Records (BCM/NR)."
Click on the DoD DADT Resources page link below for more information.
https://www.defense.gov/Spotlights/Dont-Ask-Dont-Tell-Resources/
The Air Force Review Boards Agency website also has information pertaining to the Don't Ask Don't Tell (DADT) Repeal and correcting your records.
https://afrba-portal.cce.af.mil/#dadt
Never ever give up - There is always Hope
---
Send in a voice message: https://podcasters.spotify.com/pod/show/ferah-ozbek/message
17 min