The Pentagon's proactive action last week to upgrade discharge codes for hundreds of LGBTQ+ veterans applied only to those forced out under Don't Ask, Don't Tell, leaving out the thousands separated before that became policy.
Former president Bill Clinton announced the Don't Ask, Don't Tell policy in 1993. As long as LGBTQ+ service members stayed in the closet they could serve — though technically barred from doing so.
The Pentagon says about 13,500 people were separated under Don't Ask, Don't Tell. Of those, 851 had their discharges upgraded. As a result the department says 96% of those separated under the policy now have honorable discharges.
Melissa Johnson, a San Diego employment attorney and Air Force veteran says those most in need of relief are left out.
"It doesn't even begin to address people like me who were discharged prior to the initiation of Don't Ask, Don't Tell," Johnson said.
That's an issue not just because tens of thousands of veterans suffered discrimination under the Pentagon's ban, she said. Veterans forced out before Don't Ask, Don't Tell might be most in need of relief.
"By the time Don't Ask, Don't Tell came around I think a lot of LGBT people were actually getting honorable discharges," she said. "Long past were the days when people got less than honorable discharges (or) even got thrown in jail pending their discharge."
The nature of one's discharge from the military is important because veterans qualify for all sorts of benefits from the Department of Veterans Affairs.
"A dishonorable discharge on your record ... you weren't eligible for veterans benefits," Johnson said. "You weren't eligible for home loans or educational benefits. Nothing. You got none of that."
Further, some separated veterans had hurtful language on the discharge papers they'd need to show potential employers to verify their service — phrases such as "homosexual conduct" or "homosexual admission"
The Pentagon addressed these veterans when it announced its latest action. In a news release the department encourages those separated before Don't Ask, Don't Tell to request relief through a board.
Johnson said that's not enough.
"I have my military record — a lot of people don't," she said. "You have to go back and get it. You have to fill out the paperwork. It just reopens those old wounds and it's really painful for people."
A federal lawsuit filed last year on behalf of a handful of veterans seeks to force the Pentagon to do more — they want the department to remove all references to sexual orientation on the discharge papers of the more than 35,000 veterans forced out under its ban.
In June, a judge denied a Pentagon motion to dismiss the suit.
The attorneys behind the lawsuit declined to comment on this report but have said previously they're seeking class certification. This would open the lawsuit to include all LGBTQ+ veterans forced out of the military as plaintiffs.
