Executive Order No. 14183, Prioritizing Military Excellence and Readiness, was issued recently under the Trump administration, banning transgender individuals from serving in the United States military. Following the EO, other aligning policies have been issued through the Department of Defense (DoD). Still, many questions remain, specifically regarding who these new regulations will affect and how they will be managed.
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Who is Affected by the Military Transgender Ban
Individuals who are currently serving in the military or who would like to join will be prohibited from service if they have been diagnosed with, or have a history of, or have symptoms of gender dysphoria. Likewise, individuals who have had cross-sex hormone therapy or sex reassignment surgery because of active transitioning will also not be allowed into the military.
Individuals affected by the new policies currently serving in the military will receive an involuntary separation. Involuntary separation would deny transgender individuals reenlistment based on medical reasons and likely result in these individuals being unable to continue their military careers. Involuntary separation will be an honorable discharge for transgender service members unless issues with a member’s service record exist that would call for a lower classification. A military lawyer can help protect your characterization if there are records that could impact it.
Individuals admitted to Military Service Academies or ROTC programs will also be affected, and their admissions will be revoked. Active students in these programs will face separation.
Waivers are Possible in Some Situations
Separation is mandatory for any individual who falls under the parameters of this policy; however, certain situations may result in waivers. To obtain a waiver, very specific requirements must be met. Despite this, the details on how to submit a waiver and who has the authority to approve one remain unclear at this time. The team at the Griffin Law Firm specializes in written advocacy, and can help you ensure that your waiver request is as compelling as possible.
Individuals who can meet all of the following may be able to obtain a waiver:
- An overriding Government interest supports such an individual as necessary for warfighting and service in the military.
- The individual has demonstrated at least 36 consecutive months of stability with their biological sex, and no distress or impairment is noted affecting their critical ability to function.
- The individual has never attempted to transition away from their biological sex.
- The individual will abide by all standards and procedures associated with their biological sex.
Involuntary Separation and Your Rights as a Service Member
If you are affected by the transgender ban policy, you have a right to a separation board hearing (as set forth in the relevant service policy and federal law). During this hearing, you will be evaluated by a board of three neutral military members who will determine your case and recommend whether you should be discharged. You are entitled to have an attorney present to represent your interests. We are administrative board experts, and can help you tell your story in a compelling and professional manner.
Additionally, only limited personnel, on a need-to-know basis, will have access to your private and protected health information. Still, with few exceptions, all scheduled sex-reassignment surgical procedures will be canceled, and planned cross-sex hormone therapy will also not be supported. Mental health care, on the other hand, will continue for those receiving it for their gender dysphoria, though, in the absence of a waiver, it would result in separation for that military member. Disclosures, especially where inevitable or mandatory, are very stressful and can be risky. When you must disclose, how you disclose can be cscorucial. We can help you frame your disclosures so that they are consistent with the result you want, be it a high characterization or a waiver for continued service.
Contact a Norfolk Military Lawyer
For more information and to schedule a free consultation to discuss your case, call a Norfolk military lawyer at The Griffin Law Firm at (888) 707-4282 today.