Who is Eligible for a Presidential Pardon? 

On June 26, 2024, President Biden announced a landmark decision: a presidential pardon for LGBTQI+ Veterans who faced discrimination and unjust convictions under the military’s former “Don’t Ask, Don’t Tell” policy. This pardon offers a path to justice and recognition for those who served with distinction despite facing prejudice based on their sexual orientation. Let’s discuss who is eligible for a presidential pardon.

Understanding the Scope of the Pardon

This pardon specifically addresses convictions under Article 125 of the Uniform Code of Military Justice (UCMJ). This article, now outdated, pertained to consensual, private sexual acts between adults. During the “Don’t Ask, Don’t Tell” era, Article 125 was disproportionately used against LGBTQI+ service members, leading to unjust discharges and other penalties. 

Who is Eligible for a Presidential Pardon? 

President Biden’s pardon applies to LGBTQI+ Veterans who were convicted under Article 125 of the UCMJ for consensual acts with adults. The conduct in question must have occurred in private and involved individuals 18 years or older. 

The Impact of the Pardon 

This pardon is a significant step towards righting past wrongs and acknowledging the service and sacrifice of LGBTQI+ Veterans. While it does not erase the injustices they faced, it provides: 

• Legal Forgiveness: The pardon grants full and unconditional forgiveness for the offenses in question. 

• Symbolic Recognition: It acknowledges the discriminatory nature of past policies and honors the service of LGBTQI+ Veterans. 

• Potential Pathway to Benefits: While not automatic, the pardon can pave the way for Veterans to seek discharge upgrades and access VA benefits previously denied to them. 

What to Do if You Believe You Are Who is Eligible for a Presidential Pardon

If you believe you or a loved one might be eligible for this pardon, it’s crucial to seek legal guidance. Berry Law, an experienced advocate for Veterans’ rights, can provide assistance in  pursuing potential benefits. 

Our team understands the complexities of Veteran law and the challenges faced by LGBTQI+ Veterans. Once you’ve obtained your presidential pardon, we can help you navigate the VA disability claims process. 

Don’t let past injustices define your future. Contact Berry Law today for a confidential consultation and learn how we can help you access the justice and recognition you deserve.