US President Joe Biden has pardoned American veterans who were convicted by the military over a 60-year period under a military law that banned gay sex, three US officials told CNN .
In a statement released this Wednesday (26), Biden said he was “correcting a historic error” by pardoning military personnel “who were convicted simply for being themselves.”
“Our nation’s military personnel are on the front lines of freedom and risk their lives to defend our country. Despite their courage and great sacrifice, thousands of LGBTQIA+ service members were forced to abandon military service due to their sexual orientation or gender identity. […] It’s about dignity, decency and ensuring the culture of our Armed Forces reflects the values that make us an exceptional nation,” he said.
The decision is expected to affect around 2,000 people, according to a US official. Granting pardons will not automatically change the records of convicted veterans, but will allow those affected to request a certificate of pardon that will help them receive withheld benefits.
Forgiveness, which CNN was first to report, specifically grants clemency to military personnel who were convicted under the former Article 125 of the Uniform Code of Military Justice (UCMJ) – which criminalized sodomy, including between consenting adults – between 1951 and 2013, when it was rewritten by Congress .
It also applies to those who have been convicted of attempting to commit these crimes.
Anyone who has been convicted of a non-consensual act, such as rape, will not be forgiven.
A senior administration official told reporters on Tuesday that they are also working to resolve cases in which LGBTQIA+ military personnel have been convicted on UCMJ charges other than Article 125, such as conduct unbecoming an officer.
The official said individuals who may have been convicted of other charges “based on their sexual orientation or gender identity” can go through the regular pardon process at the Justice Department.
“We are already working with the DoJ to ensure incoming requests are flagged and expedited, but we recognize this is limited,” they said.
Separately, the law known as “Don’t Ask, Don’t Tell” was repealed by Congress in 2011, but not before thousands of military personnel were discharged from military service.
A service member’s discharge status can determine what type of benefits he or she is eligible for. A bad conduct discharge, for example, can make someone ineligible for services including a home loan military pension and educational benefits.
This pardon is not tied to the Pentagon’s ongoing review of military records of those who were discharged based on their sexual orientation, which another U.S. official told CNN does not apply to convictions under the UCMJ.
The Pentagon launched a new outreach campaign last September to reach more veterans who believe they have “suffered an error or injustice” to have their military records reviewed.
“For decades, our LGBTQIA+ service members have been forced into hiding or prevented from serving altogether,” Defense Secretary Lloyd Austin said at the time. “Yet they selflessly put themselves in danger for the good of our country and the American people.”
In order for their records to be changed under the pardon, individuals will need to complete an online form, which will be forwarded to the military service department.
A pardon certificate does not automatically change someone’s discharge status. If a pardon certificate is issued, the service member will then have to request the corrections board of the respective military department to correct their military records.
A second government source said Tuesday that the administration is working on how to best publicize pardons to ensure veterans know they can apply and is “committed to making the process as accessible as possible for former veterans.” military service members.”
The source also said the government is “thinking” about hiring private lawyers to work for free and help veterans through the process.
Source: CNN Brasil
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