Don’t Ask, Don’t Tell repealed. Can I have my discharge based on homosexuality reviewed?
Yes. The military’s “Don’t Ask, Don’t Tell” policy was repealed by Congress on 20 September 2011. Upon application, the Discharge Review Boards will review discharges occurring within the last 15 years based on homosexual conduct. The Boards for Correction of Military Records will review discharges occurring more that 15 years ago. If you received an Honorable discharge based solely on homosexual conduct and your only goal is to reenter the service, you should not have a problem since the re-entry code based on 10 U.S.C. 654 will be waived by the Services. However, if you have a different situation with a different goal you may want some assistance from an attorney who has experience applying to these boards on behalf of clients. These boards will consider changing the reason for your separation, changing the re-entry code or upgrading your characterization of service. According to the Army Review Board Agency website “remedies such as correcting a record to reflect continued service with no discharge, restoration to a previous grade or position, credit for time lost, or an increase from no separation pay to half or full separation pay or from half separation pay to full separation pay will not normally be appropriate corrections.” This is a new and unique area of the law. Each one of these cases will most likely present new issues for these boards to consider. It is possible that these boards may encounter a unique case where certain remedies may be “appropriate considerations.” If you were separated based on homosexual conduct and would like to have your discharge reviewed, I would be happy to help you through this process and see what we can do. Likewise, if you were discharged for any other reason and believe you need my assistance, I am happy to help. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.