This measure would urge the President and the Congress of the United States to address, with effective policies, the issue of servicemembers who were unjustly discharged under Dont Ask, Dont Tell or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy, and to restore benefits.

This measure would urge the President and the Congress of the United States to address, with effective policies, the issue of servicemembers who were unjustly discharged under Dont Ask, Dont Tell or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy, and to restore benefits.

This measure would urge the President and the Congress of the United States to address address, with effective policies, the issue of servicemembers who were unjustly discharged under Dont Ask, Dont Tell with an effective policy or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy, and to restore benefits.

This measure would urge the President and the Congress of the United States to address the issue of servicemembers who were unjustly discharged under Dont Ask, Dont Tell with an effective policy to unify efforts to upgrade discharges issued under the DADT policy, and to restore benefits.

WHEREAS, In the 1940s and the 1980s, the United States Department of Defense (DOD) established policies that penalized military members and resulted in the discharge of gay, lesbian, and bisexual members regardless of their service to the country and good military service. During the 1980s, more than 17,000 military members were dismissed from their duties due to their orientation, not because of misconduct; and

WHEREAS, In the military, there are administrative and punitive discharges. The three types of administrative terminations that exist are honorable, general, and other than honorable. The punitive discharges are bad conduct and dishonorable; and

WHEREAS, Receiving a dishonorable discharge represents the most serious form of punitive termination. Thousands of brave women, men, and transgender people were discharged due to their orientation and their associations; and

WHEREAS, The different branches of the DOD have labeled their discharges as sexual perversion, homosexual, or other codes, which are derogatory, harmful, and outdated; and

WHEREAS, Thousands of veterans have carried the emotional pain, anguish, and burden of their discharge for decades; and

WHEREAS, Almost 30 years ago, Dont Ask, Dont Tell (DADT) brought a new wave of homophobia and persecution to the military. In 1993, President Clinton signed the DADT policy into law, which would ultimately lead to the discharge of more than 14,000 servicemembers over the 17 years in which the policy was in place; and

WHEREAS, This policy discriminated against and prevented servicemembers from expressing their sexuality and participating as equal members of the military and continues to punish them to this day. The policy punished servicemembers for being their authentic selves if other members or supervisors found out about their orientation; gay, lesbian, and bisexual members would be discharged under the other than honorable and dishonorable categories; and

WHEREAS, Such discharges resulted in servicemembers losing benefits they were entitled to and hindered future employment opportunities. Veterans that received other than honorable or dishonorable discharges have not had access to health care and their full benefits. This limits their ability to access benefits such as a debt-free college education and other employment opportunities. Furthermore, with these discharges, members are prevented from careers within the federal government; and

WHEREAS, In 2010, President Obama signed into law, the repeal of the DADT policy, that went into effect the next year; and

WHEREAS, The repeal of DADT provided a pathway for veterans that received an other than honorable discharge to undergo an upgrade, and veterans with a dishonorable discharge to apply for a character of discharge process. While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record; and

WHEREAS, Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, and have not had access to their benefits; and

WHEREAS, Thousands of former members face different obstacles to access the discharge upgrade. Many are unaware the process to update their discharge is available. Some of the members that have been working on their discharges learned about it by chance or because of their families. There have not been other forums to educate former servicemembers of the possibility of utilizing this process; and

WHEREAS, Another barrier that exists is the emotional trauma associated with reengaging the military that wrongfully discharged them. When members have to go back to the entity that discriminated against them, it becomes an emotional strain. And there is still resistance from the boards that are processing discharge upgrades. Boards are harsh, they do not see the harm, and there is no recognition of the context; and

WHEREAS, A further burden when applying for a discharge upgrade is the accessibility and complexity of the process. Veterans often need to retain legal guidance and the overall process can take over a year. If a servicemembers record was destroyed or misplaced, that can add even more time to the process; and

WHEREAS, Transgender people have also faced discrimination while serving our country. In 2019, President Trump barred them from joining the military. Those already in the military had to refrain from gender-affirming health care and serve according to their assigned sex at birth. In 2021, President Biden issued an executive order repealing this discriminatory policy; and

WHEREAS, On September 20, 2023, the DOD announced the DODs Proactive Approach to Reviewing Military Records for Those Affected by DADT to proactively work on the review of military records of veterans whose records indicate administrative separation under the DADT period, this effort still leaves out thousands of veterans discharged prior to the DADT policy because it ignores other discharged members that were not explicitly discharged on these grounds. Other discharged members were affected by the previous policies that resulted in service records with aggravating factors such as misconduct or court-martial convictions; and

WHEREAS, These non-DADT discharges were also the product of bias, perception, or suspicion of sexual orientation or the identity of the members, or a pretext to separate and discipline the members; and

WHEREAS, Some discharges were also the product of cases in which the members of the DOD had consensual activity with adults of the same sex, and that some of these were categorized as sodomy, and eventually misconduct that was used to effect administrative separation for activity which is now acceptable; and

WHEREAS, Guidance is available with respect to the applications that are more complex than those addressed in previous efforts. Guidance may be provided by veterans advocates or found in the Memorandum for Secretaries of the Military Departments regarding discharge review boards and boards for correction of military and naval records dated July 25, 2018; and

WHEREAS, Despite the many obstacles, there have been many great efforts to help discharged military members. Most of the work has been done through legal service providers, which have been working with unfairly discharged veterans to provide free or low-cost services to upgrade their discharge; and

WHEREAS, For the last 70 years, much harm was caused to the thousands of veterans unfairly discharged under DADT and previous policies. For many, the damage and the trauma can be permanent. Discharged members have struggled with feelings of shame and anxiety. The true cure must be addressed with more effective policies to restore their dignity; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered; and be it further

Resolved, That the Legislature urges the President and Congress of the United States to address the issue with effective policies to unify efforts to upgrade the less than honorable discharges issued under DADT and predecessor policies. The federal government should address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an other than honorable discharge and restore benefits to veterans who have served our country honorably are entitled to; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

WHEREAS, In the 1940s and the 1980s, the United States Department of Defense (DOD) established policies that penalized military members and resulted in the discharge of gay, lesbian, and bisexual members regardless of their service to the country and good military service. During the 1980s, more than 17,000 military members were dismissed from their duties due to their orientation, not because of misconduct; and

WHEREAS, In the military, there are administrative and punitive discharges. The three types of administrative terminations that exist are honorable, general, and other than honorable. The punitive discharges are bad conduct and dishonorable; and

WHEREAS, Receiving a dishonorable discharge represents the most serious form of punitive termination. Thousands of brave women, men, and transgender people were discharged due to their orientation and their associations; and

WHEREAS, The different branches of the DOD have labeled their discharges as sexual perversion, homosexual, or other codes, which are derogatory, harmful, and outdated; and

WHEREAS, Thousands of veterans have carried the emotional pain, anguish, and burden of their discharge for decades; and

WHEREAS, Almost 30 years ago, Dont Ask, Dont Tell (DADT) brought a new wave of homophobia and persecution to the military. In 1993, President Clinton signed the DADT policy into law, which would ultimately lead to the discharge of more than 14,000 servicemembers over the 17 years in which the policy was in place; and

WHEREAS, This policy discriminated against and prevented servicemembers from expressing their sexuality and participating as equal members of the military and continues to punish them to this day. The policy punished servicemembers for being their authentic selves if other members or supervisors found out about their orientation; gay, lesbian, and bisexual members would be discharged under the other than honorable and dishonorable categories; and

WHEREAS, Such discharges resulted in servicemembers losing benefits they were entitled to and hindered future employment opportunities. Veterans that received other than honorable or dishonorable discharges have not had access to health care and their full benefits. This limits their ability to access benefits such as a debt-free college education and other employment opportunities. Furthermore, with these discharges, members are prevented from careers within the federal government; and

WHEREAS, In 2010, President Obama signed into law, the repeal of the DADT policy, that went into effect the next year; and

WHEREAS, The repeal of DADT provided a pathway for veterans that received an other than honorable discharge to undergo an upgrade, and veterans with a dishonorable discharge to apply for a character of discharge process. While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record; and

WHEREAS, Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, and have not had access to their benefits; and

WHEREAS, Thousands of former members face different obstacles to access the discharge upgrade. Many are unaware the process to update their discharge is available. Some of the members that have been working on their discharges learned about it by chance or because of their families. There have not been other forums to educate former servicemembers of the possibility of utilizing this process; and

WHEREAS, Another barrier that exists is the emotional trauma associated with reengaging the military that wrongfully discharged them. When members have to go back to the entity that discriminated against them, it becomes an emotional strain. And there is still resistance from the boards that are processing discharge upgrades. Boards are harsh, they do not see the harm, and there is no recognition of the context; and

WHEREAS, A further burden when applying for a discharge upgrade is the accessibility and complexity of the process. Veterans often need to retain legal guidance and the overall process can take over a year. If a servicemembers record was destroyed or misplaced, that can add even more time to the process; and

WHEREAS, Transgender people have also faced discrimination while serving our country. In 2019, President Trump barred them from joining the military. Those already in the military had to refrain from gender-affirming health care and serve according to their assigned sex at birth. In 2021, President Biden issued an executive order repealing this discriminatory policy; and

WHEREAS, On September 20, 2023, the DOD announced the DODs Proactive Approach to Reviewing Military Records for Those Affected by DADT to proactively work on the review of military records of veterans whose records indicate administrative separation under the DADT period, this effort still leaves out thousands of veterans discharged prior to the DADT policy because it ignores other discharged members that were not explicitly discharged on these grounds. Other discharged members were affected by the previous policies that resulted in service records with aggravating factors such as misconduct or court-martial convictions; and

WHEREAS, These non-DADT discharges were also the product of bias, perception, or suspicion of sexual orientation or the identity of the members, or a pretext to separate and discipline the members; and

WHEREAS, Some discharges were also the product of cases in which the members of the DOD had consensual activity with adults of the same sex, and that some of these were categorized as sodomy, and eventually misconduct that was used to effect administrative separation for activity which is now acceptable; and

WHEREAS, Guidance is available with respect to the applications that are more complex than those addressed in previous efforts. Guidance may be provided by veterans advocates or found in the Memorandum for Secretaries of the Military Departments regarding discharge review boards and boards for correction of military and naval records dated July 25, 2018; and

WHEREAS, Despite the many obstacles, there have been many great efforts to help discharged military members. Most of the work has been done through legal service providers, which have been working with unfairly discharged veterans to provide free or low-cost services to upgrade their discharge; and

WHEREAS, For the last 70 years, much harm was caused to the thousands of veterans unfairly discharged under DADT and previous policies. For many, the damage and the trauma can be permanent. Discharged members have struggled with feelings of shame and anxiety. The true cure must be addressed with more effective policies to restore their dignity; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered; and be it further

Resolved, That the Legislature urges the President and Congress of the United States to address the issue with effective policies to unify efforts to upgrade the less than honorable discharges issued under DADT and predecessor policies. The federal government should address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an other than honorable discharge and restore benefits to veterans who have served our country honorably are entitled to; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

WHEREAS, In the 1940s and the 1980s, the United States Department of Defense (DOD) established policies that penalized military members and resulted in the discharge of gay, lesbian, and bisexual members regardless of their behavior. service to the country and good military service. During the 1980s, more than 17,000 military members were dismissed from their duties because of their sexual preferences; due to their orientation, not because of misconduct; and

WHEREAS, In the military, there are administrative and punitive discharges. The three types of administrative terminations that exist are honorable, general, and other than honorable. The punitive discharges are bad conduct and dishonorable; and

WHEREAS, Receiving a dishonorable discharge represents the most serious form of punitive termination. Thousands of brave women, men, and transgender people have been discharged simply for expressing themselves and for whom they love; were discharged due to their orientation and their associations; and

WHEREAS, The different branches of the DOD have labeled their discharges as sexual perversion, homosexual, or other codes, which are derogatory, harmful, and outdated; and

WHEREAS, Thousands of veterans have carried that emotional burden for decades. The different areas of the DOD have labeled their discharges with sexual perversion, homosexual, and other codes, which are derogatory, harmful, and outdated; the emotional pain, anguish, and burden of their discharge for decades; and

WHEREAS, Almost 30 years ago, Dont Ask, Dont Tell (DADT) brought a new wave of homophobia and persecution to the military. In 1993, President Clinton signed the DADT policy into law, which would ultimately lead to the discharge of more than 14,000 servicemembers over the 17 years in which it was enforced; the policy was in place; and

WHEREAS, This discriminating rule prevented servicemembers from being open and is still punishing them. It limited the ability of servicemembers from being themselves and policy discriminated against and prevented servicemembers from expressing their sexuality and participating as equal members of the military and continues to punish them to this day. The policy punished servicemembers for being their authentic selves if other members or supervisors found out about their preferences; orientation; gay, lesbian, and bisexual members would be discharged under the other than honorable and dishonorable categories; and

WHEREAS, Such discharges have left members without benefits and further opportunities. resulted in servicemembers losing benefits they were entitled to and hindered future employment opportunities. Veterans that received other than honorable or dishonorable discharges have not had access to health care and their full benefits. This limits their ability to access benefits such as a debt-free college education and other employment opportunities. Furthermore, with these discharges, members are prevented from careers within the federal government; and

WHEREAS, In 2010, President Obama signed into law, the repeal of the policy into law, which DADT policy, that went into effect the next year; and

WHEREAS, The repeal of DADT provided a pathway for veterans that received an other than honorable discharge to undergo an upgrade, and the ones veterans with a dishonorable discharge to apply for a character of discharge process. While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record; and

WHEREAS, Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, and have not had access to their benefits; and

WHEREAS, Thousands of former members face different obstacles to access the discharge upgrade. Many are unaware the process to update their discharge is available. Some of the members that have been working on their discharges learned about it by chance or because of their families. There have not been other forums to educate former servicemembers of the possibility of utilizing this process; and

WHEREAS, Another barrier that exists is the emotional trauma associated with reengaging the military that wrongfully discharged them. When members have to go back to the entity that discriminated against them, it becomes an emotional strain. And there is still resistance from the boards that are processing discharge upgrades. Boards are harsh, they do not see the harm, and there is no recognition of the context; and

WHEREAS, A further burden when applying for a discharge upgrade is the accessibility and complexity of the process. Veterans often need to retain legal guidance and the overall process can take over a year. If a servicemembers record was destroyed or misplaced, that can add even more time to the process; and

WHEREAS, Transgender people have also faced discrimination while serving our country. In 2019, President Trump barred them from joining the military. Those already in the military had to refrain from gender-affirming health care and serve according to their assigned sex at birth. In 2021, President Biden issued an executive order repealing this discriminatory policy; and

WHEREAS, On September 20, 2023, the DOD announced the DODs Proactive Approach to Reviewing Military Records for Those Affected by DADT to proactively work on the review of military records of veterans whose records indicate administrative separation under the DADT period, this effort still leaves out thousands of veterans discharged prior to the DADT policy because it ignores other discharged members that were not explicitly discharged on these grounds. Other discharged members were affected by the previous policies that resulted in service records with aggravating factors such as misconduct or court-martial convictions; and

WHEREAS, These non-DADT discharges were also the product of bias, perception, or suspicion of sexual orientation or the identity of the members, or a pretext to separate and discipline the members; and

WHEREAS, Some discharges were also the product of cases in which the members of the DOD had consensual activity with adults of the same sex, and that some of these were categorized as sodomy, and eventually misconduct that was used to effect administrative separation for activity which is now acceptable; and

WHEREAS, Guidance is available with respect to the applications that are more complex than those addressed in previous efforts. Guidance may be provided by veterans advocates or found in the Memorandum for Secretaries of the Military Departments regarding discharge review boards and boards for correction of military and naval records dated July 25, 2018; and

WHEREAS, Despite the many obstacles, there have been many great efforts to help discharged military members. Most of the work has been done through legal service providers, which have been working with unfairly discharged veterans to provide free or low-cost services to upgrade their discharge; and

WHEREAS, For the last 70 years, much harm was caused to the thousands of veterans unfairly discharged under the DADT policy. DADT and previous policies. For many, the damage and the trauma can be permanent. Discharged members have struggled with feelings of shame and anxiety. The true cure must be addressed with more effective policies to restore their dignity; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered; and be it further

Resolved, That the Legislature urges the President and Congress of the United States to address the issue with an effective policy effective policies to unify efforts to upgrade other than honorable and dishonorable the less than honorable discharges issued under DADT policy. and predecessor policies. The federal government should address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an other than honorable discharge and restore benefits to veterans who have served our country honorably are entitled to; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

WHEREAS, In the 1940s and the 1980s, the United States Department of Defense (DOD) established policies that penalized military members and resulted in the discharge of gay, lesbian, and bisexual members regardless of their behavior. During the 1980s, more than 17,000 military members were dismissed from their duties because of their sexual preferences; and

WHEREAS, In the military, there are administrative and punitive discharges. The three types of administrative terminations that exist are honorable, general, and other than honorable. The punitive discharges are bad conduct and dishonorable; and

WHEREAS, Receiving a dishonorable discharge represents the most serious form of punitive termination. Thousands of brave women, men, and transgender people have been discharged simply for expressing themselves and for whom they love; and

WHEREAS, Historically, the military deemed 134,000 people as unfit and not compatible for service; and

WHEREAS, Thousands of veterans have carried that emotional burden for decades. The different areas of the DOD have labeled their discharges with sexual perversion, homosexual, and other codes, which are derogatory, harmful, and outdated; and

WHEREAS, Almost 30 years ago, Dont Ask, Dont Tell (DADT) brought a new wave of homophobia and persecution to the military. In 1993, President Clinton signed the DADT policy into law, which would ultimately lead to the discharge of more than 14,000 servicemembers over the 17 years in which it was enforced; and

WHEREAS, This discriminating rule prevented servicemembers from being open and is still punishing them. It limited the ability of servicemembers from being themselves and if other members or supervisors found out about their preferences; gay, lesbian, and bisexual members would be discharged under the other than honorable and dishonorable categories; and

WHEREAS, Such discharges have left members without benefits and further opportunities. Veterans that received other than honorable or dishonorable discharges have not had access to health care and their full benefits. This limits their ability to access benefits such as a debt-free college education and other employment opportunities. Furthermore, with these discharges, members are prevented from careers within the federal government; and

WHEREAS, In 2010, President Obama signed the repeal of the policy into law, which went into effect the next year; and

WHEREAS, The repeal of DADT provided a pathway for veterans that received an other than honorable discharge to undergo an upgrade, and the ones with a dishonorable discharge to apply for a character of discharge process. While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record; and

WHEREAS, Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, and have not had access to their benefits; and

WHEREAS, Thousands of former members face different obstacles to access the discharge upgrade. Many are unaware the process to update their discharge is available. Some of the members that have been working on their discharges learned about it by chance or because of their families. There have not been other forums to educate former servicemembers of the possibility of utilizing this process; and

WHEREAS, Another barrier that exists is the emotional trauma associated with reengaging the military that wrongfully discharged them. When members have to go back to the entity that discriminated against them, it becomes an emotional strain. And there is still resistance from the boards that are processing discharge upgrades. Boards are harsh, they do not see the harm, and there is no recognition of the context; and

WHEREAS, A further burden when applying for a discharge upgrade is the accessibility and complexity of the process. Veterans often need to retain legal guidance and the overall process can take over a year. If a servicemembers record was destroyed or misplaced, that can add even more time to the process; and

WHEREAS, Transgender people have also faced discrimination while serving our country. In 2019, President Trump barred them from joining the military. Those already in the military had to refrain from gender-affirming health care and serve according to their assigned sex at birth. In 2021, President Biden issued an executive order repealing this discriminatory policy; and

WHEREAS, Despite the many obstacles, there have been many great efforts to help discharged military members. Most of the work has been done through legal service providers, which have been working with unfairly discharged veterans to provide free or low-cost services to upgrade their discharge; and

WHEREAS, For the last 70 years, much harm was caused to the thousands of veterans unfairly discharged under the DADT policy. For many, the damage and the trauma can be permanent. Discharged members have struggled with feelings of shame and anxiety. The true cure must be addressed with more effective policies to restore their dignity; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered; and be it further

Resolved, That the Legislature urges the President and Congress of the United States to address the issue with an effective policy to unify efforts to upgrade other than honorable and dishonorable discharges issued under DADT policy. The federal government should address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an other than honorable discharge and restore benefits to veterans who have served our country honorably are entitled to; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

SENATE THIRD READING

STR Bill Id:SJR 6

Author:(Caballero, et al.)

As Amended Ver:April 1, 2024

Majority vote

SUMMARY

Urges the President and the Congress of the United States to address, with effective policies, the issue of service members who were unjustly discharged under "Don't Ask, Don't Tell" (DADT) or previous policies, in order to unify efforts to upgrade discharges issued under the DADT policy and predecessor policies and to restore benefits.

Major Provisions

1. Resolves that the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered.
2. Resolves that the Legislature urges the President and Congress of the United States to:
   1. Address the issue with effective policies to unify efforts to upgrade the "less than honorable" discharges issued under DADT and predecessor policies.
   2. Address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an "other than honorable" discharge and restore benefits to veterans who have served our country honorably are entitled to.

COMMENTS

In 1993, President Bill Clinton issued, in Department of Defense (DOD) directive 1304.26, a new policy limiting service in the Armed Forces by gay, lesbian, and bisexual people. That policy, which came to be known as "Don't Ask, Don't Tell," prohibited harassment of or discrimination against closeted members of the military, but reinforced that homosexual conduct or admission of same-sex sexual orientation were grounds for discharge from the military and prohibition against enlistment or commission. This was intended as a compromise between ending the ban entirely and maintaining the strict ban that had persisted, with exceptions, since the Revolutionary War.

DADT was repealed in 2010 by President Barack Obama, ending the ban on gay, lesbian, and bisexual service members from openly serving in the U.S. Military. Those discharged under DADT and its predecessors policies generally separated with Honorable or General Under Honorable Conditions discharges, but sometimes received discharges under "Other Than Honorable" conditions. The narrative reason for separation listed on their discharge documents included "Homosexual Conduct," "Homosexual Admission," or simply "Homosexual." Often service members were given reenlistment codes that indicated they were ineligible for re-enlistment. After DADT's repeal, DOD provided guidance to veterans discharged under DADT and similar policies on how to correct their records and remove information from that indicates that the veteran was discharged under these policies.

However, many of those eligible for upgrades have not pursued them, for a variety of reasons that include the difficulty inherent in doing so, the reluctance to subject themselves again to an implacable institution that wronged them once, and in some cases, earned pride in the status of their discharges.

Though not easily quantifiable, other-than-honorably discharged veterans may have access to previously denied benefits restored if they obtain an upgrade of their discharge.

On Sept. 20, 2023, DOD announced it will review military records of veterans whose military records indicate their administrative separation was the result of their sexual orientation and who received a less than honorable conditions discharge. The department has identified the records of former service members eligible for the proactive review and the military departments are in the process of reviewing those records to assess whether changes — including an upgrade in discharge characterization — are warranted.

According to the Author

Senate Joint Resolution (SJR) 6 calls upon the United States Congress and the President to create an effective policy to better address "other than honorable" and "dishonorable" discharges under the Don't Ask Don't Tell and other similar policies that have negatively impacted LBTQIA members of the military and to restore the benefits they are entitled to.

Arguments in Support

SJR 6 denounces more than 60 years of official discrimination as well as the ongoing injustice of denying the victims any alternative to the institutionally uninformed, often biased, and always arduous, bureaucratic appeal process. It provides a road map for how the Department of Defense should streamline and fairly address the veterans it has harmed. It also calls attention to special categories of LGBTQ+ veterans whose circumstances need to be considered (…).

Arguments in Opposition

None on file.

FISCAL COMMENTS

This resolution is non-fiscal.

VOTES

SENATE FLOOR: 29-0-11

YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Laird, Limón, McGuire, Menjivar, Min, Newman, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

ABS, ABST OR NV: Allen, Dahle, Grove, Hurtado, Jones, Nguyen, Niello, Ochoa Bogh, Padilla, Seyarto, Wilk

ASM MILITARY AND VETERANS AFFAIRS: 7-0-3

YES: Schiavo, Addis, Alvarez, Boerner, Juan Carrillo, Valencia, Villapudua

ABS, ABST OR NV: Davies, Lackey, Mathis

UPDATED

VERSION: April 1, 2024

CONSULTANT: Christian Burkin / M. & V.A. / (916) 319-3550 FN: 0003642

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Pilar Schiavo, Chair

SBPCA Bill Id:SJR 6

Author:(Caballero) – As Amended Ver:April 1, 2024

SENATE VOTE: 29-0

SUBJECT: Don’t Ask, Don’t Tell: discharge characterizations

SUMMARY: Urges the President and the Congress of the United States to address, with effective policies, the issue of service members who were unjustly discharged under “Don’t Ask, Don’t Tell” (DADT) or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy and to restore benefits. Specifically, this bill:

1. Resolves that the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered.
2. Resolves that the Legislature urges the President and Congress of the United States to:
   1. Address the issue with effective policies to unify efforts to upgrade the “less than honorable” discharges issued under DADT and predecessor policies.
   2. Address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an “other than honorable” discharge and restore benefits to veterans who have served our country honorably are entitled to.
3. Makes findings and declarations.

EXISTING LAW:

Federal law

1. Provides a broad range of benefits and services to eligible veterans of the U.S. Armed Forces, delivered primarily through the U.S. Department of Veterans Affairs (VA), but also through other federal and some state agencies.
2. (Repealed in 2011) "Don't Ask, Don't Tell, Don’t Harass" which prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual military service members or applicants, while barring openly gay, lesbian, or bisexual persons from service in the U.S. Armed Forces.

State law

1. Provides a modest array of benefits and services to veterans of the U.S. Armed Forces, delivered primarily through the California Department of Veterans Affairs (CalVet), but also through other state agencies.
2. Requires CalVet to establish the Veteran’s Military Discharge Upgrade Grant Program to help fund service providers who, for free or at low cost, will educate veterans about discharge upgrades and assist qualifying veterans in filing discharge upgrade applications.
3. Requires CalVet to develop criteria, procedures, and accountability measures as may be necessary to implement the grant program.
4. FISCAL EFFECT: This resolution is non-fiscal.

COMMENTS: According to the author, “Senate Joint Resolution (SJR) 6 calls upon the United States Congress and the President to create an effective policy to better address “other than honorable” and “dishonorable” discharges under the Don’t Ask Don’t Tell and other similar policies that have negatively impacted LBTQIA members of the military and to restore the benefits they are entitled to.”

Don’t Ask, Don’t Tell

In 1993, President Bill Clinton issued, in Department of Defense directive 1304.26, a new policy limiting service in the Armed Forces by gay, lesbian and bisexual people. That policy, which came to be known as “Don’t Ask, Don’t Tell,” prohibited harassment of or discrimination against closeted members of the military, but reinforced that homosexual conduct or admission of same-sex sexual orientation were grounds for discharge from the military and prohibition against enlistment or commission. This was intended as a compromise between ending the ban entirely and maintaining the strict ban that had persisted, with exceptions, since the Revolutionary War.

DADT was repealed in 2010 by President Barack Obama, ending the ban on gay, lesbian, and bisexual service members from openly serving in the U.S. Military. Those discharged under DADT and its predecessors policies generally separated with Honorable or General Under Honorable Conditions discharges, but sometimes received discharges under “Other Than Honorable” conditions. The narrative reason for separation listed on their DD214s included “Homosexual Conduct,” “Homosexual Admission,” or simply “Homosexual.” Often service members were given reenlistment codes that indicated they were ineligible for re-enlistment (e.g., RE-4). After the repeal of DADT, the Under Secretary of Defense authored a memorandum that provided guidance to veterans discharged under DADT and similar policies on how to correct their DD214s and remove information from the document that indicates that the veteran was discharged under these policies.

However, many of those eligible for upgrades have not pursued them, for a variety of reasons that include the difficulty inherent in doing so, the reluctance to subject themselves again to an implacable institution that wronged them once, and in some cases, earned pride in the status of their discharges.

Though not easily quantifiable, other-than-honorably discharged veterans may have access to previously denied benefits restored if they obtain an upgrade of their discharge.

On Sept. 20, 2023, DOD announced it will review military records of veterans whose military records indicate their administrative separation was the result of their sexual orientation and who received a less than honorable conditions discharge. The department has identified the records of former service members eligible for the proactive review and the military departments are in the process of reviewing those records to assess whether changes — including an upgrade in discharge characterization — are warranted.

Related legislation

AB 1505 (Pan) Chapter 397, Statutes of 2012 required the state to reinstate benefits to veterans that have their benefits reinstated by the federal government if the benefits were originally denied solely on the basis of sexual orientation. Additionally, the bill required the Department of Veterans (DVA) to distribute information regarding military discharge upgrades.

AB 530 (Irwin) Chapter 377, Statutes of 2022 required the California Department of Veterans Affairs to create a grant program to fund service providers working with California veterans to assist in obtaining upgrades of the character of their discharges

REGISTERED SUPPORT / OPPOSITION:

Support

Equality California

Swords to Plowshares

Vet Voice Foundation

Opposition

None on file

Analysis Prepared by: Christian Burkin / M. & V.A. / (916) 319-3550

 THIRD READING  

Bill No: SJR 6

Author: Caballero (D), Eggman (D) and Menjivar (D), et al.

Amended: 4/1/24

Vote: 21

SENATE MILITARY & VETERANS COMMITTEE: 4-0, 4/22/24

AYES: Archuleta, Alvarado-Gil, Menjivar, Umberg

NO VOTE RECORDED: Grove

SUBJECT: Don’t Ask, Don’t Tell: discharge characterizations

SOURCE: Author

DIGEST:

This resolution urges the President and the Congress of the United States to address, with effective policies, the issue of servicemembers who were unjustly discharged under “Don’t Ask, Don’t Tell” (DADT) or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy and to restore benefits.

ANALYSIS:

Existing federal law:

1. Provides a broad range of benefits and services to eligible veterans of the U.S. Armed Forces, delivered primarily through the U.S. Department of Veterans Affairs (VA), but also through other federal and some state agencies.
2. Repeals "Don't Ask, Don't Tell, Don’t Harass" which prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual military service members or applicants, while barring openly gay, lesbian, or bisexual persons from service in the U.S. Armed Forces.

Existing state law:

1. Provides a modest array of benefits and services to veterans of the U.S. Armed Forces, delivered primarily through the California Department of Veterans Affairs (CalVet), but also through other state agencies.
2. Requires CalVet to establish the Veteran’s Military Discharge Upgrade Grant Program to help fund service providers who, for free or at low cost, will educate veterans about discharge upgrades and assist qualifying veterans in filing discharge upgrade applications.
3. Requires CalVet to develop criteria, procedures, and accountability measures as may be necessary to implement the grant program.

This resolution:

1. Resolves that the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered.
2. Resolves that the Legislature urges the President and Congress of the United States to:
   1. Address the issue with effective policies to unify efforts to upgrade the “less than honorable” discharges issued under DADT and predecessor policies.
   2. Address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an “other than honorable” discharge and restore benefits to veterans who have served our country honorably are entitled to.

Background

In 2010, President Obama signed into law, the repeal of the DADT policy that went into effect the next year. The repeal of DADT provided a pathway for veterans that received an “other than honorable” discharge to undergo an upgrade, and veterans with a “dishonorable” discharge to apply for a “character of discharge process.” While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record. Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, have not had access to their benefits, and face obstacles to access the discharge upgrade.

On September 20, 2023, the Department of Defense (DOD) announced the “DOD’s Proactive Approach to Reviewing Military Records for Those Affected by DADT” to proactively work on the review of military records of veterans whose records indicate administrative separation under the DADT period, this effort still leaves out thousands of veterans discharged prior to the DADT policy because it ignores other discharged members that were not explicitly discharged on these grounds. Other discharged members were affected by the previous policies that resulted in service records with aggravating factors such as misconduct or court-martial convictions.

Comments

From October 1, 1980 to September 20, 2011, 35,801 individuals were discharged under DADT considerations. As of March 2023, only 1,375 veterans have been upgraded by discharge review boards. That is a rate of just over 1% of the troops discharged under DADT. There are potentially over 30,000 persons unaware that they are eligible for VA healthcare and benefits, and an estimated 3,000 in California, based on percentage of state population compared to total population.

According to the author, “Senate Joint Resolution (SJR) 6 calls upon the United States Congress and the President to create an effective policy to better address ‘other than honorable’ and ‘dishonorable’ discharges under the Don’t Ask Don’t Tell and other similar policies that have negatively impacted LBTQIA members of the military and to restore the benefits they are entitled to.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/23/24)

Equality California
Swords to Plowshares

OPPOSITION: (Verified 4/23/24)

None received

Prepared by: Jenny Callison / M.&V.A. / (916) 651-1503

4/23/24 16:13:37

**** END ****

SENATE COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Senator Bob Archuleta, Chair

2023 - 2024 Regular

Bill No: SJR 6 Hearing Date: 4/22/24

Subject: Don’t Ask, Don’t Tell: discharge characterizations

DESCRIPTION

Summary:

Urges the President and the Congress of the United States to address, with effective policies, the issue of servicemembers who were unjustly discharged under “Don’t Ask, Don’t Tell” (DADT) or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy and to restore benefits.

Existing law:

Federal law:

1. Provides a broad range of benefits and services to eligible veterans of the U.S. Armed Forces, delivered primarily through the U.S. Department of Veterans Affairs (VA), but also through other federal and some state agencies.
2. (Repealed in 2011) "Don't Ask, Don't Tell, Don’t Harass" which prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual military service members or applicants, while barring openly gay, lesbian, or bisexual persons from service in the U.S. Armed Forces.

State law:

1. Provides a modest array of benefits and services to veterans of the U.S. Armed Forces, delivered primarily through the California Department of Veterans Affairs (CalVet), but also through other state agencies.
2. Requires CalVet to establish the Veteran’s Military Discharge Upgrade Grant Program to help fund service providers who, for free or at low cost, will educate veterans about discharge upgrades and assist qualifying veterans in filing discharge upgrade applications.
3. Requires CalVet to develop criteria, procedures, and accountability measures as may be necessary to implement the grant program.

This bill:

1. Resolves that the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered.
2. Resolves that the Legislature urges the President and Congress of the United States to:
   1. Address the issue with effective policies to unify efforts to upgrade the “less than honorable” discharges issued under DADT and predecessor policies.
   2. Address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an “other than honorable” discharge and restore benefits to veterans who have served our country honorably are entitled to.

BACKGROUND

In 2010, President Obama signed into law, the repeal of the DADT policy that went into effect the next year. The repeal of DADT provided a pathway for veterans that received an “other than honorable” discharge to undergo an upgrade, and veterans with a “dishonorable” discharge to apply for a “character of discharge process.” While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record. Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, have not had access to their benefits, and face obstacles to access the discharge upgrade.

On September 20, 2023, the DOD announced the “DOD’s Proactive Approach to Reviewing Military Records for Those Affected by DADT” to proactively work on the review of military records of veterans whose records indicate administrative separation under the DADT period, this effort still leaves out thousands of veterans discharged prior to the DADT policy because it ignores other discharged members that were not explicitly discharged on these grounds. Other discharged members were affected by the previous policies that resulted in service records with aggravating factors such as misconduct or court-martial convictions.

COMMENT

From October 1, 1980 to September 20, 2011, 35,801 individuals were discharged under DADT considerations. As of March 2023, only 1,375 veterans have been upgraded by discharge review boards. That is a rate of just over 1% of the troops discharged under DADT. There are potentially over 30,000 persons unaware that they are eligible for VA healthcare and benefits, and an estimated 3,000 in California, based on percentage of state population compared to total population.

According to the author, “Senate Joint Resolution (SJR) 6 calls upon the United States Congress and the President to create an effective policy to better address ‘other than honorable’ and ‘dishonorable’ discharges under the Don’t Ask Don’t Tell and other similar policies that have negatively impacted LBTQIA members of the military and to restore the benefits they are entitled to.”

POSITIONS

Sponsor: Author.

Support: Equality California
Swords to Plowshares.

Oppose: None on File.

-- END --