On June 26, 2024, President Biden issued a pardon for LGBTQI+ service members who were unjustly discharged under discriminatory policies like “Don’t Ask, Don’t Tell.” This pardon represents a significant step towards justice and recognition for Veterans who were unfairly targeted based on their sexual orientation or gender identity. There is now a direct link between the LGBTQI+ military pardon and VA benefits.
If you received a less-than-honorable discharge (such as a general discharge, other than honorable discharge, or bad conduct discharge) due to your sexual orientation or gender identity, you may now be eligible for VA benefits that were previously denied to you. This pardon covers convictions under Articles 80, 81, and 82 of the UCMJ.
The VA offers a wide range of benefits to eligible Veterans, including:
The pardon itself does not automatically change your character of discharge or guarantee VA benefits. However, it removes a significant barrier to accessing those benefits. With the pardon, you can now apply to have your discharge status upgraded to “Honorable” through the Board for Correction of Military or Naval Records. An honorable discharge is typically required for most VA benefits.
Before contacting Berry Law for assistance in applying for VA benefits, you’ll need to complete steps 1-3 on your own.
The VA has expanded its “compelling circumstances” exception, which may help some Veterans access benefits without a discharge upgrade, but seeking an upgrade is still advisable.
Navigating the discharge upgrade process and VA benefits system can be complex. Consider seeking legal assistance from an experienced Veterans’ law attorney. They can help you gather evidence, file your claim, and advocate for your rights. Berry Law specializes in guiding Veterans through this process. Contact the Veterans Lawyers from Berry Law today for help navigating the LGBTQI+ military pardon VA benefits process.
Disclaimer: This information is provided for general informational purposes only and should not be considered legal advice. It is essential to consult with a qualified legal professional for advice tailored to your specific circumstances.
President Biden granted full and unconditional pardons to LGBTQI+ veterans convicted under Article 125 of the UCMJ for consensual acts with adults on June 26, 2024.
The presidential pardon extends to convictions under Articles 80, 81, and 82 of the UCMJ, acknowledging the historical discrimination faced by LGBTQI+ service members.
Veterans eligible for a presidential pardon should apply for a certificate of pardon as soon as possible to access the full benefits and recognition it provides.
A presidential pardon does not automatically change a veteran’s character of discharge or guarantee VA benefits. Veterans should apply for a discharge upgrade to potentially access VA benefits.
The VA has expanded its “compelling circumstances” exception, which may help some veterans access benefits without a discharge upgrade, but seeking an upgrade is still advisable.
After receiving a certificate of pardon, veterans need to apply to their respective Board for Correction of Military or Naval Records using DD Form 149 to potentially access benefits.
Veterans with a presidential pardon should apply for a correction to their military records using DD Form 149, including the pardon certificate as evidence.
Veterans affected by President Biden’s proclamation or needing help navigating the pardon process can contact Berry Law for support and assistance.
A presidential pardon by proclamation is a clemency tool used to grant forgiveness to a defined group, taking effect on the proclamation date and acknowledging past injustices.
President Biden’s pardon for LGBTQI+ veterans is a landmark decision addressing historical discrimination, honoring the service of LGBTQI+ military personnel.
Veterans should apply to the Board for Correction of Military or Naval Records to upgrade their discharge status, which can potentially remove barriers to VA benefits.
Veterans need to submit DD Form 149 along with their certificate of pardon to their respective Board for Correction of Military or Naval Records to access potential benefits.
President Biden announced the presidential pardon on June 26, 2024, granting full and unconditional pardons to LGBTQI+ veterans for consensual acts with adults.
Berry Law specializes in guiding Veterans through the pardon process, helping them navigate their VA benefit eligibility.
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