Legis Daily

A bill to direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes.

USA115th CongressS-1366| Senate 
| Updated: 6/15/2017
Brian Schatz

Brian Schatz

Democratic Senator

Hawaii

Cosponsors (31)
Jeanne Shaheen (Democratic)Mazie K. Hirono (Democratic)Tom Udall (Democratic)Dianne Feinstein (Democratic)Patrick J. Leahy (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Charles E. Schumer (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Christopher A. Coons (Democratic)Thomas R. Carper (Democratic)Robert P. Casey (Democratic)Tim Kaine (Democratic)Sheldon Whitehouse (Democratic)Christopher Murphy (Democratic)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Sherrod Brown (Democratic)Bernard Sanders (Independent)Al Franken (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Benjamin L. Cardin (Democratic)Robert Menendez (Democratic)Jeff Merkley (Democratic)Gary C. Peters (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Armed Services Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Restore Honor to Service Members Act This bill requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Such boards to change a characterization to honorable if such characterization is any characterization except honorable. The Department of Defense (DOD) shall ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances that would have independently led to any discharge characterization except honorable. The bill prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Each military department shall ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Specified military personnel records and discharge forms must be reissued in a manner that shall not reflect the sexual orientation of the member.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 15, 2017
Introduced in Senate
Jun 15, 2017
Read twice and referred to the Committee on Armed Services.
Jul 17, 2017

Latest Companion Bill Action

HR 115-2904
Referred to the Subcommittee on Military Personnel.
  • June 15, 2017
    Introduced in Senate


  • June 15, 2017
    Read twice and referred to the Committee on Armed Services.


  • July 17, 2017

    Latest Companion Bill Action

    HR 115-2904
    Referred to the Subcommittee on Military Personnel.

Armed Forces and National Security

Related Bills

  • HR 115-2904: To direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes.
Administrative remediesDepartment of DefenseEvidence and witnessesGovernment information and archivesMilitary historyMilitary personnel and dependentsPersonnel recordsSex, gender, sexual orientation discrimination

A bill to direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes.

USA115th CongressS-1366| Senate 
| Updated: 6/15/2017
Restore Honor to Service Members Act This bill requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Such boards to change a characterization to honorable if such characterization is any characterization except honorable. The Department of Defense (DOD) shall ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances that would have independently led to any discharge characterization except honorable. The bill prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge. Each military department shall ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives. Specified military personnel records and discharge forms must be reissued in a manner that shall not reflect the sexual orientation of the member.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 15, 2017
Introduced in Senate
Jun 15, 2017
Read twice and referred to the Committee on Armed Services.
Jul 17, 2017

Latest Companion Bill Action

HR 115-2904
Referred to the Subcommittee on Military Personnel.
  • June 15, 2017
    Introduced in Senate


  • June 15, 2017
    Read twice and referred to the Committee on Armed Services.


  • July 17, 2017

    Latest Companion Bill Action

    HR 115-2904
    Referred to the Subcommittee on Military Personnel.
Brian Schatz

Brian Schatz

Democratic Senator

Hawaii

Cosponsors (31)
Jeanne Shaheen (Democratic)Mazie K. Hirono (Democratic)Tom Udall (Democratic)Dianne Feinstein (Democratic)Patrick J. Leahy (Democratic)Richard J. Durbin (Democratic)Edward J. Markey (Democratic)Charles E. Schumer (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Christopher A. Coons (Democratic)Thomas R. Carper (Democratic)Robert P. Casey (Democratic)Tim Kaine (Democratic)Sheldon Whitehouse (Democratic)Christopher Murphy (Democratic)Jon Tester (Democratic)Debbie Stabenow (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Sherrod Brown (Democratic)Bernard Sanders (Independent)Al Franken (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Benjamin L. Cardin (Democratic)Robert Menendez (Democratic)Jeff Merkley (Democratic)Gary C. Peters (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Armed Services Committee

Armed Forces and National Security

Related Bills

  • HR 115-2904: To direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesDepartment of DefenseEvidence and witnessesGovernment information and archivesMilitary historyMilitary personnel and dependentsPersonnel recordsSex, gender, sexual orientation discrimination