Susan's Place Transgender Resources

News and Events => Political and Legal News => Topic started by: Jessica_Rose on May 28, 2025, 01:23:08 PM

Title: Army issues policy to discharge, disqualify transgender troops
Post by: Jessica_Rose on May 28, 2025, 01:23:08 PM
Army issues policy to discharge, disqualify transgender troops

https://www.msn.com/en-us/news/us/army-issues-policy-to-discharge-disqualify-transgender-troops/ar-AA1FDnVN?ocid=hpmsn&cvid=d0be648f847a4f2b80601a00b3872cbc&ei=93

Story by Todd South (28 May 2025)

The Army has issued its policy on the separation of transgender soldiers through an initial stage of voluntary separation followed by involuntary separation.

"The Army has developed a phased approach for gender dysphoria disqualification and separation from service," an Army spokesman told Army Times. "The first phase is for individuals who want to self-identify."

Phase I ends on June 6, the policy states, while Phase II begins on June 7.

The policy, posted to the service's Human Resources Command webpage on May 22, gives commands 30 days from identification to initiate the separation process for individuals who have a "current diagnosis or history of, or exhibit symptoms consistent with gender dysphoria and/or have a history of cross-sex hormone therapy or a history of sex reassignment or genital reconstruction surgery."

The Defense Department defines gender dysphoria as referring to a "marked incongruence between an individual's experienced or expressed gender and their assigned gender, lasting at least six months, as manifested by conditions causing clinically significant distress or impairment in social, occupational, or other important areas of functioning."

"We encourage anyone subject to this policy to contact their chain of command or appropriate point of contact as soon as possible," the official said.
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Lori Dee on May 28, 2025, 01:53:51 PM
If it were me, I would make them force me out so that the record clearly showed that it was against my will. Someday, there may be another class-action lawsuit to correct this.

On the other hand, if I were close to my ETS date, I would delay everything as long as possible and just get out with my Honorable. They tried to force me out due to a back injury, twelve years after I was injured. I didn't want a Medical Discharge, I wanted Honorable, so I delayed their Medical Board hearings until after my discharge date.

"Discharge statuses for individuals impacted by the new guidelines will be listed as honorable, according to the policy."

I hope this is true. Very often, involuntary separation with "unfit for active duty" falls under the General Discharge guidelines, which is considered "less than Honorable". That could have a huge impact on benefits and future employment opportunities.
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: ChrissyRyan on May 28, 2025, 02:26:43 PM
Quote from: Lori Dee on May 28, 2025, 01:53:51 PMIf it were me, I would make them force me out so that the record clearly showed that it was against my will. Someday, there may be another class-action lawsuit to correct this.

On the other hand, if I were close to my ETS date, I would delay everything as long as possible and just get out with my Honorable. They tried to force me out due to a back injury, twelve years after I was injured. I didn't want a Medical Discharge, I wanted Honorable, so I delayed their Medical Board hearings until after my discharge date.

"Discharge statuses for individuals impacted by the new guidelines will be listed as honorable, according to the policy."

I hope this is true. Very often, involuntary separation with "unfit for active duty" falls under the General Discharge guidelines, which is considered "less than Honorable". That could have a huge impact on benefits and future employment opportunities.


What is an ETS date?

Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Lori Dee on May 28, 2025, 03:08:28 PM
Quote from: ChrissyRyan on May 28, 2025, 02:26:43 PMWhat is an ETS date?

It stands for Expiration of Term of Service. It is the day that your contract ends. Normally, you start out-processing 30 days prior, to audit your financial and personnel records, do a final physical and dental exam, etc.

Once all that is done, and any medals that had not been awarded yet get presented, and you are given an Honorable Discharge. I kept rescheduling the Medical Board hearing, and finally got it pushed to the end of March. My contract expired on March 7th.  ;D
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Annaliese on May 28, 2025, 03:58:55 PM
Quote from: Lori Dee on May 28, 2025, 03:08:28 PMIt stands for Expiration of Term of Service. It is the day that your contract ends. Normally, you start out-processing 30 days prior, to audit your financial and personnel records, do a final physical and dental exam, etc.

Once all that is done, and any medals that had not been awarded yet get presented, and you are given an Honorable Discharge. I kept rescheduling the Medical Board hearing, and finally got it pushed to the end of March. My contract expired on March 7th.  ;D
wouldn't a medical be better in this situation? Depending on time on active duty this may entitle svcmr to some disability benefits and pay. This also requires a med board.
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Mrs. Oliphant on May 28, 2025, 04:12:21 PM
Quote from: Annaliese on May 28, 2025, 03:58:55 PMDepending on time on active duty this may entitle svcmr to some disability benefits and pay.
Great question, Annaliese. And I await Lori's response. However, I agree with Lori: I served honorably and would have resisted any discharge that indicated otherwise. Personally, I'm okay with the VA and DOD refusing to pay for my gender affirming care. I don't want to feel like I owe that orange-haired demigod a single cent more than I earned.
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Annaliese on May 28, 2025, 04:21:17 PM
Quote from: Mrs. Oliphant on May 28, 2025, 04:12:21 PMGreat question, Annaliese. And I await Lori's response. However, I agree with Lori: I served honorably and would have resisted any discharge that indicated otherwise. Personally, I'm okay with the VA and DOD refusing to pay for my gender affirming care. I don't want to feel like I owe that orange-haired demigod a single cent more than I earned.
its not about what the VA pays for what. Its the fact that that being rated a certain disability rating entitles svcmbrs to disability pay. This is a big benefit to those who are suffering from anguish and need some support. It also entitles them to certain medical benefits through the military tricare system. Some of these people getting discharged may not be as fortunate to being separated at a higher rank as to have the monetary resources  etc. I can speak out of experience on this as my trans daughter was separated on a Honorable under other conditions for the same thing a few years ago. I know not the same as Honorable but if it was medical it would have helped tremendously.
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Lori Dee on May 28, 2025, 04:37:42 PM
Quote from: Annaliese on May 28, 2025, 03:58:55 PMwouldn't a medical be better in this situation? Depending on time on active duty this may entitle svcmr to some disability benefits and pay. This also requires a med board.

It does not indicate that the involuntary separation is due to medical reasons. I looked into the medical pension option before I decided. It was paltry, so I got the Honorable and photocopied all of my medical records, then took them to the VA and filed my claims.

"Unfit for active duty" can mean many things, from mental illness to criminal activity. I processed out quite a few servicemembers who were alcoholics and drug users who refused rehab. Some were just belligerent troublemakers, so they had numerous assault and disorderly conduct charges in their records.

The official discharge document (DD-214) will have some type of explanation listed, but it is usually encoded so that mostly just military personnel can translate it. It might just show a reenlistment eligibility code like "3C - Not Eligible" or something. Or it may just say "in accordance with Army Regulation 635-200, Chapter 5-13," which really tells you nothing unless you look it up.

Why it matters is there is a difference between Chapter 5-13 and Chapter 5-17 discharges.

"Chapter 5-13 (Personality Disorder).  If a physician trained in psychiatry or a licensed clinical psychologist notifies the commander that the Soldier has a deeply ingrained personality disorder and this disorder is so severe that the Soldier's ability to function effectively in the military
environment is significantly impaired, then the commander may initiate a Chapter 5-13 separation action."

"Chapter 5-17 (Other Designated Physical or Mental Conditions).  This Chapter is very similar to Chapter 5-13, except that it covers conditions that fail to rise to what the doctors call a "disorder."  These are conditions such as chronic airsickness or seasickness, dyslexia, sleepwalking, claustrophobia or "other disorders manifesting disturbances or perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired."  The key factor is that the condition must significantly impair a Soldier's ability to perform his/her assigned military tasks."

My question is, how will they characterize these veterans? Will they call gender dysphoria a "personality disorder" or a "mental condition"? Or will they amend the regulation to add a new chapter that implies a sexual perversion or deviation? It is too soon for me to access the published regulations, but I will as soon as they become available.

Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Annaliese on May 28, 2025, 05:12:55 PM
Quote from: Lori Dee on May 28, 2025, 04:37:42 PMIt does not indicate that the involuntary separation is due to medical reasons. I looked into the medical pension option before I decided. It was paltry, so I got the Honorable and photocopied all of my medical records, then took them to the VA and filed my claims.

"Unfit for active duty" can mean many things, from mental illness to criminal activity. I processed out quite a few servicemembers who were alcoholics and drug users who refused rehab. Some were just belligerent troublemakers, so they had numerous assault and disorderly conduct charges in their records.

The official discharge document (DD-214) will have some type of explanation listed, but it is usually encoded so that mostly just military personnel can translate it. It might just show a reenlistment eligibility code like "3C - Not Eligible" or something. Or it may just say "in accordance with Army Regulation 635-200, Chapter 5-13," which really tells you nothing unless you look it up.

Why it matters is there is a difference between Chapter 5-13 and Chapter 5-17 discharges.

"Chapter 5-13 (Personality Disorder).  If a physician trained in psychiatry or a licensed clinical psychologist notifies the commander that the Soldier has a deeply ingrained personality disorder and this disorder is so severe that the Soldier's ability to function effectively in the military
environment is significantly impaired, then the commander may initiate a Chapter 5-13 separation action."

"Chapter 5-17 (Other Designated Physical or Mental Conditions).  This Chapter is very similar to Chapter 5-13, except that it covers conditions that fail to rise to what the doctors call a "disorder."  These are conditions such as chronic airsickness or seasickness, dyslexia, sleepwalking, claustrophobia or "other disorders manifesting disturbances or perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired."  The key factor is that the condition must significantly impair a Soldier's ability to perform his/her assigned military tasks."

My question is, how will they characterize these veterans? Will they call gender dysphoria a "personality disorder" or a "mental condition"? Or will they amend the regulation to add a new chapter that implies a sexual perversion or deviation? It is too soon for me to access the published regulations, but I will as soon as they become available.


i agree with it is too early how they will define this disorder. I'm banking it will lean to the least favorable.  I know this is the Army so I'm not too familiar with all the processes.  I can see these being challenged though eventually. 
Title: Re: Army issues policy to discharge, disqualify transgender troops
Post by: Northern Star Girl on May 28, 2025, 06:10:17 PM
Quote from: ChrissyRyan on May 28, 2025, 02:26:43 PMWhat is an ETS date?

For the military, the ETS date is the official date when you're released
from active duty service. 

ETS    stands for  "Expiration Term of Service,"