Why Transgender Vets Can't Get Military Benefits

Before transitioning from male to female, Jennifer used to jump out of helicopters and parachute into enemy-controlled areas on intelligence-gathering missions for the US Army. She’s was in the infantry for 30 years – a position only open to men. 

“That’s the guys that kick in doors, those are the guys that fight on the lines, those are the guys that get the face to face combat,” she said.

She says she took on “all the big tough jobs”  in an attempt to suppress the Jennifer inside. “It was all to try to make things go away,” she said.

Since leaving the Army, the decorated veteran lives her life as a woman. 

She’s been able to change her name and gender on every federal form except one — the DD-214 Certificate of Release or Discharge from Active Duty. It’s every veteran’s proof that they served in the military and its needed to receive any military benefits or services.

But the Department of Defense says it doesn't change names on the DD-214. The DOD considers it a historical document. So when the estimated 134,000 transgender veterans try to get benefits, their new names don’t match their military record. The only way to prove their service and show that they used to be the person whose name appears on the original DD-214 is to disclose that they used to be the other gender. 

Transgender veterans have to reveal their transgender pasts when they list military experience on a job application, apply for a VA home loan, go back to school under the GI bill, or get property tax breaks.

According to participants of the National Transgender Discrimination Survey, having the incorrect name in the military system has prevented transgender veterans from receiving retirement and disability checks from the military, as well as other benefits.  

The American Civil Liberties Union of New Jersey is asking the Department of Defense to change its policy. It’s representing Jennifer, a Sergeant Major, and Nicolas, a New Jersey National Guardsman who served for 9 years.

Jennifer grew out her pinky nail while she was in Iraq and Afghanistan. She says buffing out the one nail helped her cope before she transitioned. (Courtesy of Jennifer)

Jennifer says she wants her transgender history to be confidential, like medical records. 

“I’m not ashamed of serving in the military or even who I was,” she said. “I served with honor. I’m not looking to hide it, omit it, forget it. All I’m looking to do is amend a document so I can close a chapter and start a new one.” 

A spokesperson for the Department of Defense, Lieutenant commander Nate Christensen, said in an email that the Military Department Board for the Correction of Military/Naval Records does "not change the name on the original DD 214 or other documents in the official military personnel record, based on the Service's interest in maintaining the accuracy of its historical records.

“The Department of Defense continues to explore avenues to provide the Service member with privacy while balancing the need for accurate historical information.”

The legal director for the ACLU of NJ, Ed Barocus, says he understands the need for accurate record keeping.

“We’re not trying to take away that interest,” he said. “We’re not saying that that form needs to be destroyed in some way.”

Barocus says the DOD can keep the original form and name on file but also issue a new document that transgender veterans can present to employers and to get their military benefits.

“There’s no reason why everyone’s interest can’t be accommodated here,” he said.

Jennifer, before transitioning to female. (Courtesy of Jennifer)

About a third of all transgender women have served in the military as men, according to studies by the Williams Institute at the UCLA School of Law. That’s compared to 10 percent of the general US population.

Jody Herman heads transgender research at the think tank. Her research found that transgender veterans are more likely to be discriminated at work than civilian transgender people.

“Being fired, being harassed by somebody at work, being not being hired due to anti-transgender bias,” she said. “Trans veterans were certainly experiencing those problems at rates higher than non-military respondents.”

She says it may be one reason transgender veterans are less likely to be open about their transgender status.

Army veteran Jennifer says veterans who want to keep their transgender history private are forgoing the military benefits they’re entitled to.

“You faced the enemies of the United States,” she said. “What a shame that you have to hide that service because you’re afraid of someone’s perception of you.”