Biden to Pardon Military Service Members Convicted Under ‘Don’t Ask, Don’t Tell’

President Joe Biden speaks at the 2024 Graduation and Commissioning Ceremony on the Michie Stadium at the U.S. Military Academy in West Point, N.Y., on May 25, 2024. Madalina Vasiliu/The Epoch Times

President Joe Biden announced on June 26 that potentially thousands of former military service members convicted under the military’s now-repealed “Don’t ask, don’t tell” policy will be pardoned.

President Biden’s action pardons service members convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy. It was updated in 2013 to apply only to cases in which force was used. The administration estimates that the action affects thousands of discharged veterans.

“Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” President Biden said.

“Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”

The move follows similar reforms backed by President Biden. As vice president, he played a role in the 2011 repeal of the “Don’t ask, don’t tell” policy. Last year, he urged the Department of Defense to upgrade the discharges of veterans barred from service under that policy.

The department began to proactively review records to identify eligible veterans and reach out to them with the relevant applications.

“This is about dignity, decency, and ensuring the culture of our Armed Forces reflects the values that make us an exceptional nation,” President Biden stated.

Discharges

About half of the veterans discharged for their sexual orientation from 1994 to 2011 were given an honorable discharge, according to the Department of Defense.

More than 6,400 veterans were discharged in the same period under less than honorable status, a status that can preclude them from receiving veterans’ benefits.

In April, the Department of Veterans Affairs amended regulations to extend benefits to those who did not receive an honorable discharge.

The Department of Defense notes that these veterans have a high chance—84 percent on average—of obtaining a discharge upgrade, which would unlock benefits for those who are eligible.

However, according to department statistics, it appears that many may be unaware of this option.

The Army Review Boards Agency has received 135 applications to upgrade discharge status, with the Navy receiving 133, the Marine Corps 82, and the Air Force 13.

According to senior administration officials, there is ongoing discussion on outreach efforts to inform eligible veterans, although the June 26 announcement was not accompanied by a new outreach initiative.

With President Biden’s new pardon announcement, the administration expects an increase in applications for discharge upgrades. The review application procedure is outlined on the Department of Defense website.

The clemency announcement reflects the administration’s belief that the nation’s armed forces reflect the best of the nation, where all members are afforded dignity, respect, and equal opportunity, according to a senior administration official.