For decades, the military had an official policy of discriminating against homosexual and bisexual service members. The “don’t ask, don’t tell” policy essentially required that service members attracted to the same sex avoid disclosing their orientation to others. If others became aware of their orientation, they were at risk of separation from the military, regardless of their rank or performance during their service.
Changes to the law have allowed many service members to qualify for an automatic upgrade of their discharges. In cases where military records clearly identify a violation of “don’t ask, don’t tell” as the underlying cause of a discharge, service members might have already received discharge upgrades. For others with more convoluted military records, it might be necessary to officially request a discharge upgrade.
Obfuscation is a common issue
The social stigma related to homosexuality was once pervasive. Service members discharged because of their orientation likely already faced an uphill battle seeking employment and other opportunities due to the less-than-honorable discharge on their records.
Members of the chain of command may have intentionally avoided including details about the suspicions regarding a service member’s orientation during their separation. The goal may have been to shield them from social fallout and lost opportunities. However, since the repeal of “don’t ask, don’t tell,” those indirect or unclear records may have held prior service members back from the discharge upgrades they deserve.
In cases where an automatic upgrade has not occurred, former service members may need assistance petitioning for a discharge upgrade. Discussing the circumstances surrounding with a discharge with an experienced legal professional can help those affected by “don’t ask, don’t tell” correct their old records.