Restore Honor to Service Members Act

1/11/2023, 1:30 PM

Congressional Summary of S 1766

Restore Honor to Service Members Act

Requires appropriate military record correction boards or discharge review boards to review the discharge characterization of any former members of the Armed Forces requesting a review who were discharged because of their sexual orientation. Permits such boards to change a characterization to honorable if such characterization is any characterization except honorable.

Directs the Department of Defense (DOD) to ensure that any such changes are carried out consistently and uniformly across the military departments using specified criteria, including that: (1) the original discharge was based on the policy of Don't Ask Don't Tell (as in effect before it was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010) or a similar earlier policy; and (2) the discharge characterization will be changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to any discharge characterization except honorable.

Prohibits "aggravating circumstances" from including: (1) an offense of sodomy committed by the member against a consenting person of the same sex; or (2) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but that became permitted after such discharge.

Directs the Secretary of each military department to ensure that oral historians of the department: (1) review discharges between World War II and September 2011 based on sexual orientation, and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of actual or perceived sexual orientation so that such testimony may serve as an official record of such discriminatory policies and their impact on American lives.

Requires the reissuance of specified military personnel records and discharge forms in a manner that shall not reflect the sexual orientation of the member.

Current Status of Bill S 1766

Bill S 1766 is currently in the status of Bill Introduced since July 15, 2015. Bill S 1766 was introduced during Congress 114 and was introduced to the Senate on July 15, 2015.  Bill S 1766's most recent activity was Read twice and referred to the Committee on Armed Services. as of July 15, 2015

Bipartisan Support of Bill S 1766

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
40
Democrat Cosponsors
38
Republican Cosponsors
1
Unaffiliated Cosponsors
1

Policy Area and Potential Impact of Bill S 1766

Primary Policy Focus

Armed Forces and National Security

Potential Impact Areas

Administrative remediesDepartment of DefenseEvidence and witnessesGovernment information and archivesMilitary historyMilitary personnel and dependentsPersonnel recordsSex, gender, sexual orientation discrimination

Alternate Title(s) of Bill S 1766

Restore Honor to Service Members ActA bill to direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes.Restore Honor to Service Members Act
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