Defending Those Who Defend Us®

Don’t Ask Don’t Tell Discharge

On September 20, 2011, Congress repealed the policy known as Don’t Ask, Don’t Tell (DADT). Prior to its repeal, DADT allowed for servicemembers to be discharged for homosexual conduct. Once the policy ended, the Department of Defense implemented a policy allowing for veterans who were discharged under DADT to have their discharges reviewed.

Upon application for review, a veteran may have his reason for discharge, characterization of service, separation code, and re-entry eligibility code reviewed. If successful, the appropriate board has the authority to make permanent changes based on its review. However, since DADT was a law at the time of separation, separation based solely on DADT may not in itself constitute error.

The skilled attorneys at Military Justice Attorneys can comb through your military record and build the strongest case possible for your discharge review. While discharge as a result of homosexual misconduct under DADT is a good argument to have a file corrected, the safest way to seek relief is to build a strong case from multiple angles. Military Justice Attorneys will combine information from your military record, post-service contributions, and other relevant facts to fight for your upgrade.