President Joe Biden is expected to issue a pardon for US veterans who were convicted under a military law that prohibited gay sex over a span of 60 years. The pardon proclamation, set to be announced on Wednesday, is anticipated to impact approximately 2,000 individuals.
The pardons will not automatically alter the veterans' records but will enable them to apply for a certificate of pardon, facilitating the receipt of withheld benefits. The pardon specifically targets service members who were convicted under the former Uniform Code of Military Justice Article 125, which criminalized sodomy between consenting adults from 1951 to 2013.
Notably, the pardon excludes individuals convicted of non-consensual acts such as rape. The repeal of the 'Don't Ask, Don't Tell' law in 2011 came too late for many service members who had already been discharged from the military, impacting their eligibility for Veterans Affairs benefits based on their discharge status.
The Pentagon's ongoing review of military records for those discharged due to their sexual orientation does not extend to convictions under the UCMJ. To seek a change in their records under the pardon, veterans must complete an online application, which will be reviewed by their military service department.
If deemed eligible for the pardon, the determination will be forwarded to the Department of Justice's pardon attorney. While the certificate of pardon does not automatically modify discharge status, veterans can apply to their military department's board of corrections for record corrections upon receiving the certificate.
Defense Secretary Lloyd Austin acknowledged the historical mistreatment of LGBTQ+ service members, emphasizing their sacrifices for the nation despite facing discrimination. The upcoming pardon signifies a step towards rectifying past injustices and providing relief to affected veterans.
