Senior officials at the Department of Defense announced on Tuesday that over 800 records of former service members who were discharged from the U.S. military due to their sexual orientation, under the now-defunct “don’t ask, don’t tell” policy, have been upgraded to honorable discharges.

This news comes more than a year after Defense Secretary Lloyd Austin stated that the military would take the initiative to reassess the records of LGBTQ veterans who were discharged during the “don’t ask, don’t tell” period. This policy barred openly gay, lesbian, and bisexual individuals from serving in the armed forces.

Implemented in 1994 during the Clinton presidency, “don’t ask, don’t tell” was seen as a compromise to a prior Defense Department policy that completely banned gay and lesbian service members. The policy was officially repealed by Congress in 2011.

The Defense Department reports that more than 13,000 service members were dismissed under “don’t ask, don’t tell.”

“While most service members discharged due to their sexual orientation during the [Don’t Ask, Don’t Tell] policy were honorably separated, nearly 2,000 received less than fully honorable discharges,” said Christa Specht, a legal policy director at the Pentagon, in a statement on Tuesday.

Advocates have long sought justice for discrimination against LGBTQ service members, many of whom still face the military’s history of unjust policies and ongoing prejudice. Researchers and advocates estimate that at least 100,000 service members were expelled from the military based on their sexual orientation from World War II up until 2011.

In recent years, federal authorities have aimed to rectify the damage caused by these discriminatory policies. This includes President Joe Biden’s June announcement pardoning thousands of former service members convicted under a military law that prohibited same-sex relations.

Over 800 Veterans Honorably Discharged Following Review

Following the repeal of “don’t ask, don’t tell,” those who had been discharged under this policy were allowed to request an upgrade to an honorable discharge. Veterans with an honorable discharge qualify for several military benefits, such as education assistance, healthcare, loans, and preference in hiring.

A study conducted in 2022 by the Center for American Progress, a public policy research and advocacy organization, revealed that approximately 79,000 current LGBTQ service members and 1 million LGBTQ veterans experience “increased levels of economic insecurity, housing instability, and mental health issues” due to their sexual orientation.

Numerous veterans appealed for discharge upgrades after the policy was repealed. Specht noted that 85% of those who applied received “some form of relief,” but many others likely didn’t know that such relief was available and thus did not apply.

In September 2023, Austin announced a review of the military files of former members who were discharged during “don’t ask, don’t tell” and may have qualified for upgrades. As of Tuesday, nearly 97% of the 851 cases assessed have received honorable status.

“We urge anyone who suspects that their military record contains inaccuracies or reflects an unfair treatment—especially those discharged for their sexual orientation prior to Don’t Ask, Don’t Tell—to step forward and seek redress through the boards,” Specht stated on Tuesday. “They have a significant chance of success.”

Announcement Comes Amid Lawsuit Concerning Discharges of LGBTQ Veterans

This announcement occurs in the context of a lawsuit filed in August 2023 by a group of LGBTQ veterans who were dismissed due to their sexual orientation. The lawsuit alleges that the military violated the constitutional rights of many LGBTQ veterans by failing to provide them with honorable discharges.

In June, U.S. Magistrate Judge Joseph Spero rejected the Defense Department’s request to dismiss the lawsuit, as reported by Reuters. The department claimed the lawsuit could not proceed because the plaintiffs had not first sought to alter their discharge records through the agency.

However, Spero ruled that the plaintiffs could assert claims based on the argument that requiring LGBTQ veterans to undergo the “burdensome and even traumatic” process of amending their discharge status infringes upon their constitutional rights to due process and equal protection.

Lawyers representing the plaintiffs expressed joy over the court’s ruling in a joint statement.

“This decision allows the plaintiffs and the potential class of LGBTQ+ veterans to advance their case and seek reparations for the discriminatory effects of the Department of Defense’s policies, guaranteeing that LGBTQ+ veterans receive the recognition they rightfully deserve for serving our country with dignity and integrity,” said attorneys from the Impact Fund, Legal Aid at Work, and King & Spalding LLP.