AUGUSTA - Last week, Gov. Janet Mills signed into law LD 1523, sponsored by Rep. Morgan Rielly, D-Westbrook, which will establish a Qualifying Condition Review Board to review other than honorable veteran discharges based on gender identity, sexual orientation, post-traumatic stress disorder, traumatic brain injury and military sexual trauma.
An other than honorable discharge refers to administrative discharges in which a military member can be removed from service. As a consequence, in many cases, the member loses access to veterans' benefits granted under state law and is no longer eligible to reenlist.
"Our service members put their lives at risk to protect us and our democratic values," said Rielly. "We cannot continue to deny them the benefits they deserve, due to a dishonorable discharge related to their sexual orientation or gender identity, experiences with military sexual trauma or diagnosis of post-traumatic stress disorder or traumatic brain injury. The creation of a Qualifying Condition Review Board better enables those veterans to access state and municipal benefits and resources they have been wrongly denied as they wait on their service review boards decision."
"We have supported veterans who were initially discharged 'other than honorable' that were later proven to be discharged because of post-traumatic symptoms attributed to military sexual trauma (MST)," said Rebecca Cornell du Houx, executive director at Sisters in Arms Center. "Given the high rate of suicide amongst MST survivors, early access to health care benefits is crucial. It could mean life or death for them."
Approximately 14,000 service members received other than honorable discharges between 1994 and 2011, when the "don't ask, don't tell" federal policy banned gay, lesbian and bisexual individuals from serving in the military.
"We were appalled when a woman veteran showed us her 'other than honorable' discharge document that stated the reason for discharge was in response to a 'homosexual act,'" said Cornell du Houx. "She explained to us how the other soldiers ostracized her and, once she was found to be dating a woman, she was discharged. Its unjustifiable that veterans are stripped, not only from their dream to serve, but also from the life-saving benefits that come afterwards."
The law will go into effect 90 days after final adjournment of the legislative session.
Rielly is serving his second term in the Maine House of Representatives and is a member of the Legislature's Joint Standing Committee on Veterans and Legal Affairs. He represents House District 127, which includes a portion of Westbrook.
Contact:
Brian Lee [Rielly], 305-965-2744