[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3068 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 3068
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2015
Mr. Pocan (for himself, Mr. Rangel, Mr. Ashford, Mr. Blumenauer, Ms.
Bonamici, Ms. Brownley of California, Mrs. Bustos, Mrs. Capps, Mr.
Cardenas, Mr. Carson of Indiana, Mr. Cartwright, Ms. Judy Chu of
California, Mr. Cicilline, Ms. Clarke of New York, Mr. Cohen, Mr.
Connolly, Mr. Conyers, Mr. Crowley, Mr. Cummings, Mr. DeFazio, Mr.
Delaney, Ms. DeLauro, Ms. DelBene, Mr. DeSaulnier, Mr. Deutch, Ms.
Duckworth, Mr. Ellison, Mr. Engel, Ms. Eshoo, Ms. Esty, Mr. Farr, Mr.
Foster, Ms. Frankel of Florida, Mr. Grayson, Mr. Grijalva, Mr.
Gutierrez, Ms. Hahn, Mr. Hastings, Mr. Heck of Washington, Mr. Higgins,
Mr. Honda, Mr. Israel, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Keating,
Ms. Kelly of Illinois, Mr. Kennedy, Mr. Kildee, Mr. Kilmer, Mr. Kind,
Mrs. Kirkpatrick, Mr. Langevin, Mr. Larson of Connecticut, Ms. Lee, Mr.
Lewis, Mr. Ted Lieu of California, Mr. Lowenthal, Mr. Ben Ray Lujan of
New Mexico, Ms. Michelle Lujan Grisham of New Mexico, Mr. Lynch, Mrs.
Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York,
Ms. McCollum, Mr. McDermott, Mr. McGovern, Ms. Meng, Ms. Moore, Mr.
Murphy of Florida, Mrs. Napolitano, Mr. Payne, Mr. Perlmutter, Mr.
Peters, Ms. Pingree, Mr. Polis, Mr. Quigley, Mr. Ribble, Miss Rice of
New York, Ms. Ros-Lehtinen, Ms. Roybal-Allard, Mr. Ruiz, Mr. Rush, Mr.
Sarbanes, Ms. Schakowsky, Mr. Schiff, Mr. Serrano, Ms. Sinema, Mr.
Sires, Ms. Speier, Mr. Takai, Mr. Takano, Ms. Titus, Mr. Tonko, Ms.
Tsongas, Mr. Van Hollen, Mr. Veasey, Mr. Walz, Ms. Wilson of Florida,
Mr. Yarmuth, and Mr. Beyer) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Honor to Service Members
Act''.
SEC. 2. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the appropriate
discharge boards--
(1) shall review the discharge characterization of covered
members at the request of the covered member; and
(2) if such characterization is any characterization except
honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization of a
covered member to honorable under subsection (a)(2), the Secretary of
Defense shall ensure that such changes are carried out consistently and
uniformly across the military departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't
Tell (in this Act referred to as ``DADT'') or a similar policy
in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if,
with respect to the original discharge, there were no
aggravating circumstances, such as misconduct, that would have
independently led to a discharge characterization that was any
characterization except honorable. For purposes of this
paragraph, such aggravating circumstances may not include--
(A) an offense under section 925 of title 10,
United States Code (article 125 of the Uniform Code of
Military Justice), committed by a covered member
against a person of the same sex with the consent of
such person; or
(B) 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 after the date of such discharge became
permitted.
(3) When requesting a review, a covered member, or their
representative, shall be required to provide either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the
member;
(ii) a personal affidavit of the
circumstances surrounding the discharge; and
(iii) any relevant records pertaining to
the discharge; or
(B) an affidavit certifying that the member, or
their representative, does not have the documents
specified in subparagraph (A).
(4) If a covered member provides an affidavit described in
subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make
every effort to locate the documents specified in
subparagraph (A) of such paragraph within the records
of the Department of Defense; and
(B) the absence of such documents may not be
considered a reason to deny a change of the discharge
characterization under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board shall
ensure the mechanism by which covered members, or their representative,
may request to have the discharge characterization of the covered
member reviewed under this section is simple and straightforward.
(d) Review.--
(1) In general.--After a request has been made under
subsection (c), the appropriate discharge board shall review
all relevant laws, records of oral testimony previously taken,
service records, or any other relevant information regarding
the discharge characterization of the covered member.
(2) Additional materials.--If additional materials are
necessary for the review, the appropriate discharge board--
(A) may request additional information from the
covered member or their representative, in writing, and
specifically detailing what is being requested; and
(B) shall be responsible for obtaining a copy of
the necessary files of the covered member from the
member, or when applicable, from the Department of
Defense.
(e) Change of Characterization.--The appropriate discharge board
shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted under subsection (d) pursuant to the criteria under
subsection (b). A covered member, or the representative of the member,
may appeal a decision by the appropriate discharge board to not change
the discharge characterization by using the regular appeals process of
the board.
(f) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (e), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or their representative a revised DD-214 form
that reflects the following:
(1) For each covered member discharged, the Separation
Code, Reentry Code, Narrative Code, and Separation Authority
shall not reflect the sexual orientation of the member and
shall be placed under secretarial authority. Any other similar
indication of the sexual orientation or reason for discharge
shall be removed or changed accordingly to be consistent with
this paragraph.
(2) For each covered member whose discharge occurred prior
to the creation of general secretarial authority, the sections
of the DD-214 form referred to paragraph (1) shall be changed
to similarly reflect a universal authority with codes,
authorities, and language applicable at the time of discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge
characterization is changed under subsection (e) shall be
treated without regard to the original discharge
characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to
an individual by reason of service in the Armed Forces;
and
(B) all recognitions and honors that the Secretary
of Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the
Secretary shall reinstate all recognitions and honors of a
covered member whose discharge characterization is changed
under subsection (e) that the Secretary withheld because of the
original discharge characterization of the member.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552 of
title 10, United States Code, or the discharge review boards
under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed Forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of
title 10, United States Code, as in effect before such section
was repealed pursuant to the Don't Ask, Don't Tell Repeal Act
of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
SEC. 3. REPORTS.
(a) Review.--The Secretary of Defense shall conduct a review of the
consistency and uniformity of the reviews conducted under section 2.
(b) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-year period,
the Secretary shall submit to Congress a report on the reviews under
subsection (a). Such reports shall include any comments or
recommendations for continued actions.
SEC. 4. HISTORICAL REVIEW.
The Secretary of each military department shall ensure that oral
historians of the department--
(1) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the actual
or perceived sexual orientation of the individual so that such
testimony may serve as an official record of these
discriminatory policies and their impact on American lives.
SEC. 5. MODIFICATION OF ARTICLE 125 OF THE UNIFORM CODE OF MILITARY
JUSTICE.
Section 925(a) of title 10, United States Code (article 125 of the
Uniform Code of Military Justice), is amended by striking ``with
another person of the same or opposite sex''.
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