Bill Text: CA SJR6 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Don’t Ask, Don’t Tell: discharge characterizations.

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Engrossed) 2024-06-03 - In Assembly. Held at Desk. [SJR6 Detail]

Download: California-2023-SJR6-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Joint Resolution

No. 6

---

Introduced by Senators Caballero, Eggman, and Menjivar
(Principal coauthors: Senators Atkins, Laird, Padilla, and Wiener)
(Principal coauthors: Assembly Members Cervantes, Jackson, Lee, Low, Ward, and Zbur)
(Coauthors: Senators Alvarado-Gil, Becker, Bradford, Durazo, Grove, Limón, Newman, Rubio, Stern, and Umberg)
(Coauthors: Assembly Members Addis and Juan Carrillo)

June 29, 2023

---

Relative to veterans’ benefits.

LEGISLATIVE COUNSEL'S DIGEST

SJR 6, as introduced, Caballero. Don’t Ask, Don’t Tell: discharge characterizations.

This measure would urge the President and the Congress of the United States to address the issue of servicemembers who were unjustly discharged under “Don’t Ask, Don’t Tell” with an effective policy to unify efforts to upgrade discharges issued under the DADT policy, and to restore benefits.

Digest Key

Fiscal Committee: NO  

---

Bill Text

WHEREAS, In the 1940s and the 1980s, the United States Department of Defense (DOD) established policies that penalized military members and resulted in the discharge of gay, lesbian, and bisexual members regardless of their behavior. During the 1980s, more than 17,000 military members were dismissed from their duties because of their sexual preferences; and

WHEREAS, In the military, there are administrative and punitive discharges. The three types of administrative terminations that exist are honorable, general, and other than honorable. The punitive discharges are bad conduct and dishonorable; and

WHEREAS, Receiving a dishonorable discharge represents the most serious form of punitive termination. Thousands of brave women, men, and transgender people have been discharged simply for expressing themselves and for whom they love; and

WHEREAS, Historically, the military deemed 134,000 people as “unfit” and “not compatible” for service; and

WHEREAS, Thousands of veterans have carried that emotional burden for decades. The different areas of the DOD have labeled their discharges with “sexual perversion,” “homosexual,” and other codes, which are derogatory, harmful, and outdated; and

WHEREAS, Almost 30 years ago, “Don’t Ask, Don’t Tell” (DADT) brought a new wave of homophobia and persecution to the military. In 1993, President Clinton signed the DADT policy into law, which would ultimately lead to the discharge of more than 14,000 servicemembers over the 17 years in which it was enforced; and

WHEREAS, This discriminating rule prevented servicemembers from being open and is still punishing them. It limited the ability of servicemembers from being themselves and if other members or supervisors found out about their preferences; gay, lesbian, and bisexual members would be discharged under the “other than honorable” and “dishonorable” categories; and

WHEREAS, Such discharges have left members without benefits and further opportunities. Veterans that received “other than honorable” or “dishonorable” discharges have not had access to health care and their full benefits. This limits their ability to access benefits such as a debt-free college education and other employment opportunities. Furthermore, with these discharges, members are prevented from careers within the federal government; and

WHEREAS, In 2010, President Obama signed the repeal of the policy into law, which went into effect the next year; and

WHEREAS, The repeal of DADT provided a pathway for veterans that received an “other than honorable” discharge to undergo an upgrade, and the ones with a “dishonorable” discharge to apply for a “character of discharge process.” While this was an important step to help right a wrong, it is the responsibility of the discharged veteran to initiate the process to clear their record; and

WHEREAS, Despite that initial effort, and further changes to the policy, thousands of veterans still have not upgraded their discharges, and have not had access to their benefits; and

WHEREAS, Thousands of former members face different obstacles to access the discharge upgrade. Many are unaware the process to update their discharge is available. Some of the members that have been working on their discharges learned about it by chance or because of their families. There have not been other forums to educate former servicemembers of the possibility of utilizing this process; and

WHEREAS, Another barrier that exists is the emotional trauma associated with reengaging the military that wrongfully discharged them. When members have to go back to the entity that discriminated against them, it becomes an emotional strain. And there is still resistance from the boards that are processing discharge upgrades. Boards are harsh, they do not see the harm, and there is no recognition of the context; and

WHEREAS, A further burden when applying for a discharge upgrade is the accessibility and complexity of the process. Veterans often need to retain legal guidance and the overall process can take over a year. If a servicemember’s record was destroyed or misplaced, that can add even more time to the process; and

WHEREAS, Transgender people have also faced discrimination while serving our country. In 2019, President Trump barred them from joining the military. Those already in the military had to refrain from gender-affirming health care and serve according to their assigned sex at birth. In 2021, President Biden issued an executive order repealing this discriminatory policy; and

WHEREAS, Despite the many obstacles, there have been many great efforts to help discharged military members. Most of the work has been done through legal service providers, which have been working with unfairly discharged veterans to provide free or low-cost services to upgrade their discharge; and

WHEREAS, For the last 70 years, much harm was caused to the thousands of veterans unfairly discharged under the DADT policy. For many, the damage and the trauma can be permanent. Discharged members have struggled with feelings of shame and anxiety. The true cure must be addressed with more effective policies to restore their dignity; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature denounces the obstacles and harm that members of the military discharged before, under, and even after the DADT policy have undergone and suffered; and be it further

Resolved, That the Legislature urges the President and Congress of the United States to address the issue with an effective policy to unify efforts to upgrade “other than honorable” and “dishonorable” discharges issued under DADT policy. The federal government should address the obstacles veterans and organizations have encountered to create a streamlined, simple, and immediate option to upgrade an “other than honorable” discharge and restore benefits to veterans who have served our country honorably are entitled to; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.