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U.S. soldiers take a break as they prepare for a live-fire training exercise open to the media, April 25, 2023, in San Antonio, Zambales, Philippines.
CNN
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President Joe Biden plans to pardon US veterans convicted by the military over 60 years ago under a military law banning homosexuality, three US officials told CNN.
The amnesty proclamation is expected to be announced on Wednesday and an official said it would affect about 2,000 people. A pardon does not automatically change the records of convicted veterans, but those affected can apply for a pardon certificate and receive benefits that were withheld.
The pardon, first reported by CNN, specifically grants amnesty to service members convicted under Article 125 of the former Uniform Code of Military Justice, which criminalized sexual intercourse, including consensual sex between adults, between 1951 and before it was amended by Congress in 2013. It also applies to those convicted of attempting to commit those crimes.
Those convicted of non-consensual acts such as rape will not receive amnesty.
The White House did not respond to a request for comment.
Separately, a law known as “Don’t Ask, Don’t Tell” had led to thousands of military discharges before Congress repealed it in 2011.
A military member’s discharge status determines what VA benefits they are eligible for. For example, if they are discharged for bad conduct at a court-martial, they will not be eligible for services such as a VA home loan, military pension, or education benefits.
The pardon is separate from the Defense Department’s ongoing investigations of the military records of veterans who were discharged because of their sexual orientation, which one official said does not apply to convictions under the UCMJ. The Defense Department launched a new public awareness campaign last September to reach more veterans who consider their military records to be “mistakes or unfair treatment.”
“For decades, our LGBTQ+ service members have been forced to hide or barred from serving altogether,” Secretary of Defense Lloyd Austin said at the time, “yet they have selflessly put themselves at risk for our country and the American people.”
To change their record under a pardon, individuals must fill out an online application, which is sent to their service office. The service office reviews the individual’s court-martial and service record and determines whether they qualify for pardon. That decision is then sent to the attorney general through the Justice Department’s pardon lawyers, U.S. officials explained.
A Certificate of Pardon does not automatically change discharge status. If a Certificate of Pardon is issued, the service member must apply to their respective military branch’s Board of Corrections to have their military record corrected.
