Accessions
|
Recruiting of openly LGB citizens |
EQUALITY
As of September 20, 2011, sexual orientation will not be asked during accession process and if told by candidate, will be irrelevant during recruiting process.
|
|
| Assignments |
Joint military spouse assignments for dual military career married same sex couples and exemption from hostile fire areas |
EQUALITY
Memo From Secretary of Defense dated February 11, 2013, permits joint spouse assignments and exemption from hostile fire areas.The Department of Defense anticipates the process to conclude by August 31 but no later than October 1, 2013.
|
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated thatDoD regulations counsel that married, dual-career military couples are generally to be stationed in the same geographic area. The language of the applicable regulations makes same-sex military couples ineligible for co-location consideration for duty assignments. Instead of limiting same-sex military couples to hardship-based requests for accommodation in assignments, DoD should issue guidelines for joint duty assignments for dual-military same-sex spouses.
In dual-military families, if one family member is killed, 100% disabled or goes into missing status in a hostile-fire area, other members of the same family may be exempted from serving in such an area. The definition of "family members" should be expanded to include the service member's same-sex spouse.
|
Child & Youth Programs
|
Child development system (child care centers) |
EQUALITY
Memo from Secretary of Defense dated February 11, 2013, permits participation
in all youth and child programs. The DoD anticipates the process to conclude by
August 13, but no later than October 1, 2013. |
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that DoD already uses a flexible definition of "family" for the purpose of implementing Family Centers and programming, but leaves it up to the individual Service Secretaries to determine eligibility. Thus, each branch of the service (and each installation commander) determines the extent to which same- sex spouses have access to these programs, which include deployment support, marriage and family counseling, relocation assistance and financial management. DoD should explicitly same-sex spouses in the definition of "family" contained service-wide regulations in order to dispel any confusion, and limit the discretion of base commanders to exclude gay families from Family Center programming. |
| |
Exceptional family member program: consideration for assignment to parents of special needs kids or dependents |
EQUALITY |
|
| |
Youth programs on base |
EQUALITY |
|
| |
Schools on base (local public schools and DODS) |
EQUALITY |
|
| Dependents |
Same sex spouse/domestic partner/ civil union partner added to definition of "dependent" and "family member." |
No response from DoD. |
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated thatDoD should expand the regulatory definition of "dependent" to include legally married same-sex spouses, and should consider adding children and parents of a same-sex spouse. |
| |
Non-military parent |
Unknown |
|
| |
Natural or adopted children |
Unknown |
|
| |
Child care plans for "single" parents |
Unknown |
|
| |
ID cards and/or base access for "non-dependents" |
EQUALITY
Memo from Secretary of Defense dated February 11, 2013, provides ID cards and base access. The DoD anticipates the process to conclude by
August 13 but no later than October 1, 2013. No response from DoD.
|
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that a Military ID
is required for on-base activities, and there is no statute preventing issuance
of IDs to same-sex spouses. An ID would also allow the same-sex spouse to bring
dependent children on base without being accompanied by the service member. The
ability to bring a child to on-base services such as health care facilities is
essential. Currently, DODI 1000.13 governs eligibility for ID Cards, and should
be updated to extend IDs to same-sex spouses.
|
| Education Assistance |
GI bill and tuition assistance, rights which may pass to dependents |
Unknown. |
|
Diversity/MEO
|
Protected class and part of Military Equal Opportunity system |
No response from DoD. |
In the letter dated August 11, 2011 to Secretary of Defense Leon Panetta, SLDN requested that LGB troops be a protected class with all the rights available under the Military Equal Opportunity System. |
Exchange/Commissary
|
Access for non-dependents similar to caregivers or non-custodial parents |
EQUALITY
Memo from Secretary of Defense dated February 11, 2013, provides Exchange/Commissary privileges. The DoD anticipates the process to conclude by
August 13 but no later than October 1, 2013.
|
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that Exchange and commissary privileges are restricted by Congress to "dependents" of service members. However, the statute in question does not define "dependent." The DOD Instruction on commissary management defines "dependent" to include the service member's spouse, dependent children and step-children, parents and parents-in-law, and former spouses that meet certain qualifications. DoD should expand the regulatory definition of "dependent" to include legally married same-sex spouses, and should consider adding children and parents of a same-sex spouse. |
Family Support Services
|
Deployment & mobilization support |
EQUALITY
Memo from Secretary of Defense dated February 11, 2013, permits participation
in all Family Support Services. The DoD anticipates the process to conclude by
August 13 but no later than October 1, 2013.
|
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that regarding Morale, Welfare and Recreation(MWR) issues, family members of service members are authorized for unlimited use of all MWR programs because they are eligible for ID cards and registration in DEERS. "Family Member" includes "Individuals whose relationship to the sponsor leads to entitlements, benefits, or privileges administered by the uniformed services or who are eligible for issuance of a family member identification card." DoD should make clear that this includes same-sex spouses of service members.
Current regulations give installation commanders the authority to open up limited access to certain MWR programs to guests and the general public. DoD should issue regulations requiring that these programs be opened to same-sex spouses whenever possible, even if it declines to include partners in the definition of "Family Members." |
| |
Family advocacy programs |
EQUALITY |
DoD already uses a flexible definition of "family" for the purpose of implementing Family Centers and programming, but leaves it up to the individual Service Secretaries to determine eligibility. Thus, each branch of the service (and each installation commander) determines the extent to which same- sex spouses have access to these programs, which include deployment support, marriage and family counseling, relocation assistance and financial management. DoD should explicitly same-sex spouses in the definition of "family" contained service-wide regulations in order to dispel any confusion, and limit the discretion of base commanders to exclude gay families from Family Center programming. |
| |
Parenting programs |
EQUALITY |
|
| |
Personal financial management program |
EQUALITY |
|
| |
Relocation assistance program |
EQUALITY |
|
| |
Spouse employment program: assist with resumes, job hunting, preference for federal civil service jobs |
Unknown |
|
| |
Spouse tuition assistance |
Unknown |
|
Good Order & Discipline
|
Repeal of UCMJ Art 125 |
No repeal |
|
Health Care
|
Doctor-patient privilege |
Unknown |
|
| |
DEERS (Tricare) benefits for dependents only to include same gender spouse/domestic partner or partner of civil union |
DoD maintains DOMA prevents Health Care benefits for same gender spouse/domestic partner or partner of civil union. |
|
| |
Non-dependent Partner access to visit and/or transport dependent child for care |
Unknown |
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that Federal health regulations require that hospitals participating in Medicare not restrict or limit visitation privileges on the basis of sexual orientation and stipulate that a patient has the right to allow visitation from any person, including a same-sex partner. DoD should ensure that military hospitals that do not participate in Medicare are held to the same standards of non-discrimination.
DoD should also make explicit requirements that both legal parents should be able to visit a child in a military treatment facility regardless of the sexual orientation of the parents or their marital status. |
| |
Advanced health care directives |
Unknown |
|
| Housing |
Family housing assignments for members with "dependents" |
DoD maintains that DOMA prevents family housing assignments. |
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that Under DoD regulations, Military Family Housing (MFH) is available only to service members who qualify for housing at the "with-dependent" rate. Gay and lesbian service members with children may qualify for MFH, but same-sex married couples without children are not eligible for this important benefit. DoD should update DOD Manual 4165.63-M to recognize same-sex spouses as dependents eligible for MFH.
Moreover, local base policy may prevent partners of gay service members with children from living with their families in military family housing. DoD should issue guidelines requiring base commanders to permit a same-sex co-parent from living on-base with the service member and their children. The Air Force already permits qualified live-in childcare providers to live in on-base housing, and the Army allows non-family members to live in military family housing (but not unaccompanied housing) with permission from the Housing Office.6 These policies should be extended to same-sex spouses and effective in all branches of the service.
|
Legal Assistance
|
Spousal privilege for same sex spouse/domestic partner/partner of civil union |
Unknown |
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that the Rules of Evidence in the Manual for Courts-Martial (MRE) gives spouses the privilege to refuse to testify against their spouse in criminal cases, subject to a few exceptions. Because same-sex marriage is not recognized under DOMA, same-sex spouses can be forced to testify against their loved ones and disclose confidential information shared during the marriage relationship. The UCMJ is codified by statute, but the MRE can be changed to include this privilege without an act of Congress. |
|
|
Wills, power of attorney, health care directives |
EQUALITY |
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated that Free legal services are a statutory benefit limited to "dependents." However, the statute, 10 U.S.C. § 1044(e), leaves it up to the service secretary concerned to define "dependent." DoD should takesteps to ensure that the Service secretaries define "dependent" to include the service member's same-sex spouse. |
Non-Discrimination
|
Statement of nondiscrimination by executive order or incusion of sexual orientation in the DOD Human Goals Charter
|
No response from DoD. |
In a letter dated August 11, 2011 to Secretary of Defense Leon Panetta, SLDN requested that the Human Goals charter for the uniformed services be amended so it is identical to civilian DoD employees which already provides for equality in civilian employment regardless of race, color, sex, religion, national origin, disability, age, or sexual orientation...." |
Pay
|
Dependent allowances |
Unknown |
|
| |
Family separation pay |
Unknown |
|
| |
Adoption expenses |
Unknown |
|
| |
Survivor benefits
|
DoD maintains these benefits are prohibited by DOMA |
|
| |
Beneficiaries for unpaid pay and allowances |
Unknown |
|
| |
In case of same sex divorce half of retirement available to non-military spouse. |
Unknown |
|
| |
Dependent support payments/garnishment |
Unknown |
|
Reinstatement of Members
|
Broken service, waivers for age or high year tenure |
The DoD has brought back several service members who asked for reinstatement. In all cases the service members were required to return to reserve or Guard components. None have returned at their same rank/rating or MOS since repeal. The reason given for this seeming inequality is the current needs of the service. |
|
| |
Correction of records-removing negative remarks on DD214(Report of Separation from Active Duty) |
DoD has agreed to waive reenlistment ineligibility of those who were
discharged under DADT with a RE-4 reenlistment code(not qualified to reenlist) on their DD214.
However, DoD has declined to created an expedited procedure requested by
SLDN to remove negative comments and discharge codes on DD214. Veterans will
have to apply to the Board for Corrections of Military Records for their
particular service.
|
Applying to the BMCR usually requires legal assistance and can be quite costly and time consuming.
|
| |
Career progression after reinstatement-guidance to selection boards |
Unknown |
|
Religious Programs
|
Pastoral care & counseling to all |
EQUALITY |
|
| |
Marriage ceremonies on bases in states that have marriage equality statutes |
EQUALITY
On September 30, 2011, DoD issued memorandum allowing Chaplains in all services, on bases located in states which allow same sex marriage, to use base Chapels and other facilities to perform such ceremonies.
|
The Navy had issued regulations before the September 20 implementation date that permitted Chaplains to perform same sex marriages on bases in states where such ceremonies were authorized under state law. There was a predictable backlash from Republican members of the HASC and the Navy withdrew the regulation. |
| |
Marriage counseling and retreats |
EQUALITY |
|
Relocation Benefits
|
Moving expenses |
Only CONUS Expenses |
|
| |
Overseas assignments requiring passports, on-base living |
DoD studying Status of Forces Agreements to see if these benefits can be provided. |
|
Space Available
|
Air travel for same sex spouse and dependents |
EQUALITY
Memo from Secretary of Defense dated February 11, 2013, provides for space available travel. The DoD anticipates the process to conclude by
August 13 but no later than October 1, 2013.
|
In a letter dated August 11, 2011, to Secretary of Defense Leon Panetta, SLDN stated thatTo the extent possible depending on the agreement with a host-country, DoD should give same-sex spouses command-sponsored dependent status.
A command-sponsored dependent is also eligible for greater space-required and space-available travel privileges than non-command-sponsored individuals. The regulation on "Air Transportation Eligibility"16 uses the definition of "dependent" from the Joint Federal Travel Regulations (JTFR), Volume I, Appendix A1. The JTFR in turn defines "dependent" of a uniformed services member as in 37 U.S.C. § 401, which excludes same-sex partners. However, there is no statutory reason for using this definition of dependent for Space Available Travel. Notably, the Joint Federal Travel Regulations define "dependent" more broadly for civilian employees, to include domestic partners. DoD should take a similar approach for same-sex partners of service members. |
| Time-Off |
Leave or liberty for "non-dependent" family emergencies |
EQUALITY
Memo from Secretary of Defense dated February 11, 2013, permits emergency leave. The DoD anticipates the process to conclude by
August 13 but no later than October 1, 2013.
|
|
| |
Holiday and hardship duty assignment equity |
Unknown |
|
Upgrade DADT Discharges
|
Upgrade characterization of discharge,were appropriate |
DoD has declined to create an expedited procedure requested by SLDN to upgrade discharges. Veterans will have to apply to the Board for Corrections of Military Records for their particular service.
|
Applying to the BMCR usually requires legal assistance and can be quite costly and time consuming. |
