If a veteran was discharged due to homosexual admission during the Don't Ask Don't Tell era, can the veteran use the nature of that discharge as an in-service event/stressor to file a service connected claim for post service mental health issues?

[Fritts80]

Hello, vets community. Let me elaborate, can a veteran link that as an event/stressor in service to file a service connected claim for any potential mental illness symptoms like depression and anxiety that may have been aggravated out of service? Yes, it is known you need a diagnosis, symptoms, and a Nexus letter connecting symptoms to an in-service event from medical professionals first.  

Commonly, it was practice for veterans discharged under the DADT Policy to receive a General or Honorable discharge, but the veteran's narrative reason on their DD-214 would state, "Homosexual Admission." The problem is, the veteran could potentially be unwilling outed as homosexual to the public when applying for jobs. Hiring managers could view the veteran's service as undesirable even though their discharge is Honorable because homosexual discharges can carry that negative stigma, which goes back to WWII era. Some people view them as an "easy way out" to diminish the veteran's service, which opens the veteran up to discrimination potentially. 

Reasonably, this could cause the veteran mental and emotional stress out of service. Maybe depression causes the veteran not be focused on school as much, so the veteran is unable to complete school. Maybe the veteran's anxiety of be outed caused the veteran not to apply for higher-paying government jobs. These situations could prevent upward mobility in the veteran's post-service career, which is reasonable to believe are disabling. Any impute on this matter is appreciated. Thank you. 

[Dustoff1970]

I left the active army and army guard in 74 and received total and final honorable discharge from all usa reserve forces in 82 as a then inactive reservist.  As a former military service member I and anyone else can apply at any time to the ABCMR to update and or correct their records.  Try it you might like it.

For instance, the ABCMR sent me to my surprise additional military medals/awards that I was not aware I was entitled to such as the Vietnamese Cross of Gallantry and additional air medals plus the ones I requested (with proof) such as PH, CMB, DFC.

I did receive the medals in 70 at Japan U.S. Army hospital but not the certificates until the ABCMR.

[Richard1954]

I retired in 1986, at that time there may have been a way for me to ask for a correction of my records,. I don't know. Frankly. I had no reason to request any changes to my service records for any reason.After  I retired I was sent medals,  Certificates and my Retirement Certificate, as well as , wife's Army  Certificate, thanking her for supporting my military service.    These were medals from my last assignment, that they did not give me before I left.   In about 2005, I requested I be retroactively awarded the  Korean Defense Service Medal, and my DD214 was amemded to show the medal. When I mentioned before that during my time we did not have any options to correct records.  I was actually refering to the Discharge review boards that were created for the  specific reasons to up grade dischages to Honorable Discharges. A lot of Veterans during Iraq and Afghanistan were given bad conduct dischages or medicvasl discharges after they had TBI's  which caused mental issues, and other medical/mental issues. The Department of Defense created discharge review boards with the authority to upgrade discharges from other than honorable,  and to retirement because so many were who should have been medically retired were medically discharged, or given bad couduct dischargtes.

[Mark D Worthen PsyD]

Contact the Modern Military Association of America - Legal Services to see what they would advise. 

Quote

The Modern Military Association of America (MMAA) is the nation’s largest organization of LGBTQ service members, military spouses, veterans, their families and allies. Formed through the merger of the American Military Partner Association and OutServe-SLDN, we are a united voice for the LBGTQ military and veteran community. As a non-partisan, non-profit (501c3) organization, we are working to make a real difference in the lives of our modern military families through education, advocacy and support. We also provide free, direct legal services for the LGBTQ and HIV+ military and veteran communities.

 

[Phury & Rhage]

Hi,

I did a Google search and found a website for a group called Swords to Plowshares.  The have been working with Vets for 45 years and they have a PDF with detailed instructions on how to upgrade/fix discharges under DADT.  I know that's not what you asked, but it may be relevant.  As for filing a claim, Vets aren't expected to nail down the reasons for their mental health conditions.  That's why there are VA medical exams and opinions.  In my personal opinion, it's certainly plausible that a Vet discharged under DADT had stressful experiences leading up to the actual discharge.  If it were me or one of my loved ones, I would encourage the Vet to reach out to folks (like the group above) who may have specific knowledge and advice for Vets in this situation.

Good luck to you,

Phury