Pocan & Rangel Introduce Bipartisan Restore Honor to Service Members Act for Gay Veterans Discharged due to Sexual Orientation

Press Release

U.S. Representatives Mark Pocan (D-WI) and Charlie Rangel (D-NY) today introduced legislation, along with 100 bipartisan cosponsors, to ensure that gay and lesbian veterans who were discharged from the military because of their sexual orientation receive the honor and recognition they deserve. The "Restore Honor to Service Members Act" would instill the repeal of "Don't Ask Don't Tell" into law and support the Department of Defense's efforts to correct the unfairly tarnished military records of our brave service members. Since World War II to the repeal of "Don't Ask Don't Tell" in 2011, approximately 114,000 service members were discharged because of their sexual orientation.

"For too long, tens of thousands of men and women who selflessly risked their lives for our country have lived with the dishonorable records that came from the unjust "Don't Ask Don't Tell" policy," said Pocan, co-chair of the Congressional LGBT Equality Caucus. "But the support we have received for our legislation demonstrates the country's strong desire to close the book on "Don't Ask Don't Tell" and rightfully recognize the service of all of our courageous service members. I look forward to working with my colleagues on both sides of the aisle to move forward with this effort and restore honor to all of our brave veterans."

"As an American, a Congressman, and a Korean War Veteran, I was proud to join my colleagues in ending the discriminatory law that previously barred open gay and lesbian soldiers from serving their country," said Rangel. "Now is the time to finish the job and ensure that all those who served honorably are recognized for their Honorable service regardless of their sexual orientation."

The "Restore Honor to Service Members Act" is about more than upgrading a piece of paper. Every form of discharge previously given out prior to the repeal of "Don't Ask Don't Tell" carries with it consequences that can follow a service member for his or her entire life. While the characterization of the discharges varied, many members received discharges that were classified as "other than honorable" or "dishonorable," particularly prior to the implementation of the "Don't Ask Don't Tell" policy in 1993. In many states, a dishonorable discharge is treated as a felony, and service members receiving a "general discharge," a lesser offense, can encounter grave difficulties acquiring civilian employment. All were barred from reenlisting in the military. Depending on the discharge received, service members may also be blocked from voting, unemployment benefits, participating in the GI Bill or receiving veteran benefits such as health care, VA disability, and ceremonial burial rights at military cemeteries.

The "Restore Honor to Service Members Act," turns the current broad review policy outlined in a memo from the Under Secretary of Defense into clear and settled law. It ensures all services members who were previously discharged because of their sexual orientation receive a timely, consistent and transparent review of their records so that gay veterans who served honorably have their records rightfully upgraded to honorable. It also removes any indication of a service member's sexual orientation from the record, so they are not automatically "outed" to those accessing their record and protects against future discrimination by decriminalizing consensual relations between same sex couples, bringing military law in line with Supreme Court rulings.

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