Don't Ask, Don't Tell
The Don't Ask, Don't Tell (DADT) policy concerning homosexual conduct in military service was repealed by Congress on 20 September 2011.
Soldiers who were discharged for Homosexual Conduct within the last 15 years can apply to the Army Discharge Review Board (ADRB) for a discharge review. If they were discharged for Homosexual Conduct more than 15 years ago, they can apply to the Army Board for Correction of Military Records (ABCMR) for a discharge review. Application to the ADRB or ABCMR can be made online on this website.
The Boards will consider changes to the reason for discharge, characterization of service, and re-entry eligibility code (RE code). The RE code may only be changed if the reason for discharge is changed. A change of RE code is not required to enlist for former Soldiers who were honorably discharged for the reason of Homosexual Conduct. Click here for more enlistment and RE code details.
Former Soldiers who were discharged solely for being homosexual may apply to re-enter the Armed Forces. There is no need to request a change of the RE Code from the ADRB or ABCMR if the former Soldier received an honorable discharge. All they have to do is see an Army recruiter.
They will be evaluated according to the same criteria and Service requirements applicable to all prior-service members seeking re-entry into the military. There will be no preferential treatment for service members separated solely under 10 U.S. Code, section 654 and its implementing regulations. They will be processed as any other re-accession applicant under Service policies. Services shall continue to consider a service member's previous performance and disciplinary record when determining suitability for re-entry.
The Services will waive re-entry codes on DD Forms 214 that are based upon separations under 10 U.S. Code, section 654 and its implementing regulations. Applicants will then be processed on a case-by-case basis in accordance with Service policies. For example, former Soldiers who were separated with an honorable discharge (or an uncharacterized discharge for those occurring during initial training), and who have a separation code in their records reflecting a separation under 10 U.S. Code, section 654 and its implementing regulations, shall be considered for re-entry according to the most favorable re-entry classification.
The Army's operational requirements will continue to dictate re-accession criteria.
Characterizations at separation (Honorable, General Under Honorable Conditions, and Under Other Than Honorable Conditions) are based upon the service member's whole military service and conduct.
Remedies such as correcting a record to reflect continued service with no discharge, restoration to a grade or position, credit for time lost, or an increase in pay 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 since these actions were taken under DADT law and regulations in effect at the time. Click here for more details about remedies.
The DADT policy, enacted by Congress on December 21, 1993 and repealed effective September 20, 2011, was the law during that period of time. The Army Regulations implementing various aspects of DADT policy were valid regulations during that period.
DADT's repeal may be a relevant factor in evaluating an application under current standards (such as requests to change the narrative reason for a discharge, requests to re-characterize the discharge to honorable, and/or requests to change the RE Code to an immediately-eligible-to reenter category). However, the issuance of a discharge under DADT or the taking of an action pursuant to Army regulations related to a discharge under DADT during the period they were in effect does not by itself constitute an error or injustice that would invalidate an otherwise proper action taken pursuant to DADT and applicable DoD policy in effect at the time.
Therefore, 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.
For questions on benefits, please contact a representative of the Department of Veterans Affairs.
For questions on enlistment, please contact an Army recruiter.
