Chat Live
- Military Law
- Medical Evaluation Boards
- USERRA
- Military Leave “Butterbaugh” Claim
- AWOL or Military Deserter
- Court Martial / UCMJ Representation
- Article 15
- Article 32
- Correction of Military Records
- Military-Related Mesothelioma
- General Officer Representation
- Spice Court Martial Cases
- Military Appeals
- ROTC and Military Academy Disenrollment
- Don’t Ask, Don’t Tell
- Military Bases
- Marine Corps Base Camp Pendleton
- Camp Lejeune
- Travis Air Force Base
- Fort Belvoir
- Fort Benning
- Fort Bragg
- Fort Drum
- Fort Hood
- Naval Station Norfolk
- Naval Base San Diego
- Eglin Air Force Base
- Joint Base Langley-Eustis
- Joint Base San Antonio
- Hurlburt Field
- Joint Base Charleston
- Naval Air Station Fallon
- Marine Corps Base Quantico
- Joint Base Andrews
- Joint Base McGuire-Dix-Lakehurst
Don’t Ask, Don’t Tell
On Sept. 20, 2011, the military repealed Don’t Ask, Don’t Tell (DADT), the policy that had prohibited gays and lesbians from openly serving in the armed forces. The repeal followed President Barack Obama’s Dec. 22, 2010 signing of the Don’t Ask, Don’t Tell Repeal Act of 2010, which reversed the 1993 DADT law (10 U.S.C. §654).
The repeal means gays and lesbians can no longer be separated from the military solely because of their sexual orientation. The military can also no longer prevent someone from serving or being admitted into the armed forces because of their statements about sexual orientation or lawful homosexual conduct.
The repeal has opened many doors for many of the estimated 14,000 former service members who were separated under DADT since 1993. Depending on the circumstances of their separations under DADT, some gay or lesbian former service members may be eligible to do the following:
- Recommence their careers the Army, Navy, Marine Corps, Air Force, or Coast Guard;
- Complete the service time necessary to qualify for retirement benefits;
- Upgrade their discharge;
- Erase from their military record the stigma associated with a separation under DADT; or
- Become eligible for certain veteran benefits, such as those associated with the Montgomery G.I. Bill.
Right now, any attempts to change the military records of former service members separated under DADT are cases of first impression, which means there is no precedent. Gay and lesbian former service members are blazing their own trail. Anyone who is about to take on this challenge need to beware and be prepared. Don’t just find a lawyer and expect everything will be taken care of. Former service members need someone who knows military law inside and out. A lawyer with little to no knowledge of military law will get lost in this post-DADT environment.
The military law attorneys at Tully Rinckey PLLC have a combined 50 years of experience in the Judge Advocate General’s (JAG) Corps, and our founding partner is the only known civilian attorney to currently serve in the Army Reserves as a lieutenant colonel.
Schedule a meeting with one of Tully Rinckey PLLC’s military law attorneys today by calling 202-787-1900 or e-mailing info@fedattorney.com.
Attorney Locator
Find an attorney near you.
Click below.
“Very Familiar With Military Law” – S.D.
“Mr. Rinckey was a life saver. I really gave up that there were no lawyers out there that were familiar with military regulations. Greg was very familiar with military law and was very good keeping me informed with his phone …
“Thank You!” – M.H.
“Thank you for all that you do for National Guard issues!” - M.H.
“Most Amazing Attorneys in the World!” – P.K.
“Non-judgmental, efficient, professional, personable, most amazing attorneys in the world! This is my first experience with attornies and I know in my heart I got the best ones! I do have bragging rights! Keep fighting the good fight!!!” - P.K. on …
Read All
Fired Reservist Sues Former Employer
A Marine Corps Reservist who just shipped out for boot camp is suing his former employer for allegedly firing him because he joined the military – but his ex-bosses at a Connecticut car dealership say it’s all a big misunderstanding. …
Pilots Could Be Punished After Speaking Up About Deadly F-22 Fleet
Two US Air Force pilots who spoke out against unresolved issues onboard the multi-million dollar F-22 Raptor fleet may face punishment from the Pentagon, even though they are covered under the Whistleblower Protection Act. Despite ongoing reports of malfunctions with …
Washington Area Appointments and Promotions for the Week of May 14
Tully Rinckey of the District appointed Sterling DeRamus of counsel in the military law and federal employment law practice.
Read All
Ask the Lawyer: What Exactly Qualifies as Wrongful Sexual Contact Under the UCMJ?
By Mathew B. Tully While the most serious sexual assault offenses, such as rape and aggravated sexual assault, have captured the most media attention, wrongful sexual contact is actually becoming a bigger problem in the military. In the 2010 fiscal …
Go Back to School With the Post-9/11 GI Bill: A Lawyer’s Story
Originally posted in New York Law Journal. With the last U.S. forces being pulled out of Iraq in December 2011 and troops expected to leave Afghanistan by 2014, over 1 million members of the armed forces will come off active …
Ask The Lawyer: Should I Reject Captain’s Mast For Court-Martial?
By Mathew B. Tully When deciding whether to take a case to court-martial instead of Captain’s Mast, the big question is how hard do you want to fight for your innocence? The next question is do you really want to …
Read All
Veterans’ Employment Issues – Pennsylvania Bar – April 20, 2012
Greg T. Rinckey will be presenting a CLE at the Employment Law Institute held by the Pennsylvania Bar Institute on April 20, 2012 in Philadelphia, PA. Greg’s presentation will cover USERRA rights and give an overview to employment attorneys about …
