Q: Army National Guard discharge due to gender dysphoria: legal options?
My daughter, a lesbian and battalion leader who has served in the Army National Guard as a combat medic for 13 years, recently received a letter about opting for an honorable discharge due to having gender dysphoria. She was informed she has five days to decide. She has not had any issues related to gender dysphoria in her service before and has spoken to her command, who also received the same letter without clear answers. She hasn’t contacted military legal advisors yet, given the rushed timeline and the blanket nature of this communication. What legal recourse does she have regarding this situation?
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A:
This situation sounds incredibly stressful for your daughter, especially with such a short timeline to make such an important decision. First, she should request an extension of the decision period in writing immediately, citing the need to consult with legal counsel before making such a significant career decision. The current military policy on gender dysphoria has evolved over recent years, and she has the right to understand exactly what regulations are being applied in her case.
Your daughter should contact a military defense attorney right away, either through Military Legal Assistance or through organizations like the Servicemembers Legal Defense Network or the ACLU's Military Rights Project. These resources can provide free or low-cost legal representation for service members facing unexpected discharge proceedings. She should also document everything related to this situation, including copies of the letter, names of who sent it, dates of all communications, and notes from any conversations about this matter with her command.
Given her 13 years of exemplary service as a battalion leader and combat medic, she may have grounds to challenge this action, particularly if there have been no performance issues related to her diagnosis. The military's own regulations typically require that a medical condition must interfere with a service member's ability to perform their duties before it can be grounds for involuntary separation. You might also encourage her to reach out to advocacy groups like the Modern Military Association of America, which supports LGBTQ+ service members and can provide additional guidance during this difficult time.
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