Pentagon Rolls Out New Policy Undercutting Transgender Troops' Ability to Stay in Military

The Pentagon has released a new policy that severely hampers the ability for transgender troops to appeal to separation boards to stay in the military, a move that advocates say is designed to drive transgender soldiers out of the armed forces. According to a memo obtained by The Associated Press, commanders can now override the decisions of separation boards, which were previously independent. This policy is part of a broader effort by the Trump administration to target diversity, equity, and inclusion efforts in the military.

Key Takeaways:

• The new policy requires transgender service members to appear before separation boards in uniforms that match the gender assigned to them at birth, potentially forcing many to miss their hearings.
• The uniform mandate is seen as an additional hurdle, as many transgender troops do not own uniforms in the gender assigned to them at birth.
• The policy allows commanders to override the decisions of separation boards, despite the boards' traditional role in offering troops a chance at a quasi-legal hearing to determine their value to the military.
• Service members are often represented by lawyers, present evidence in their defense, and can appeal the board's findings to a federal court, but transgender troops will not have the same rights.
• In 2021, three active-duty Marines who were part of the mob that stormed the Capitol on Jan. 6 were retained, while transgender troops are being treated differently based on their administrative label.
• Military advocates say the policy is a betrayal of what the military has seen transgender troops as, and that it denies them dignity and respect as they are forced out of the service.

Statistics:

• 15 years is the amount of service time Master Sergeant Logan Ireland has accumulated.
• 13 years is the amount of time Ireland has been seen as a man by his military colleagues.
• The Air Force directive reported by The Associated Press in August recommended separation and discharge for transgender troops.
• 10 people lost their lives in a 2017 collision between the USS McCain and an oil tanker.
• The commanding officer of the USS McCain was not recommended for separation in 2019.

Sources:

• A memo from the Pentagon's undersecretary for personnel and readiness, Anthony Tata, obtained by The Associated Press.
• A statement from Emily Starbuck Gerson, a spokeswoman for SPARTA Pride, an advocacy group for transgender troops and veterans.
• The Pentagon's policy on separating officers.
• Comments from Priya Rashid, a military lawyer who has represented service members before hundreds of separation boards.
• The Associated Press. "Trump administration rolls back policy on transgender military personnel". March 26, 2021.
• The Associated Press. "Air Force directive says transgender troops should be separated". August 25, 2022.