President Joe Biden announced on Wednesday that troops who were convicted under an old military policy criminalizing consensual gay sex would receive full pardons, potentially affecting thousands of veterans. The policy criminalizing sodomy between two consenting adults was removed from the Uniform Code of Military Justice in 2013, but service members who had been prosecuted under Article 125 before then and discharged were still facing the repercussions of having those military convictions on their records.
Service members who were discharged due to an Article 125 violation prior to 2013 can apply for the pardon. The Pentagon has launched a webpage with links to apply and instructions on how to pursue each case. However, not everyone will qualify under Biden’s proclamation, with exceptions for certain circumstances such as the consensual act occurring during an adulterous relationship with the spouse of another service member. The affected veterans will need to submit an application for a pardon to the military branch they served in.
While Biden’s proclamation technically pardoned all people covered by its terms, former service members still have to have their records verified by the military branch they served in to get proof from the Justice Department’s Office of the Pardon attorney that they were pardoned. This will allow the affected veteran’s record to be corrected in paperwork used for loans, credit, employment, or positions of trust. Additionally, the affected veteran will need to apply separately to his military branch to correct military records, including an upgrade or correction of a discharge.
The pardons could pave the way for benefits for the affected veterans, but it is not clear whether the government will try to compensate for the years of benefits lost due to the bad discharges, including home loans, educational benefits, and medical care. The convictions have had potentially life-altering repercussions, as those former service members did not have access to Veterans Affairs benefits, which could have cost them the ability to create generational wealth or attend school. While the pardons are a positive step, advocates are calling for streamline the process and potential retroactive benefits such as back pay or restitution for those affected.
Many questions still remain about the policy changes and how veterans can navigate the process of applying for the pardons and correcting their military records. The Pentagon has provided guidelines for who qualifies and an application for a pardon, but there is uncertainty about the extent of benefits that will be provided to the affected veterans. The administration needs to find a way to streamline the process and ensure that the affected veterans are not burdened with correcting a conviction that they should not have faced. Overall, the pardons represent a step towards justice for LGBTQ+ service members who were unfairly targeted and discharged under the old policy criminalizing consensual gay sex.
