A recent Pentagon policy is drawing criticism for significantly undermining the rights of transgender service members to appeal their separation from the armed forces, following the Trump administration's ban, according to a memorandum obtained by The Associated Press.
The policy, outlined in an October 8 memo from Undersecretary for Personnel and Readiness Anthony Tata, grants commanders the authority to override decisions made by military separation boards regarding transgender troops' continued service. This marks a departure from established protocols that ensure the independent authority of these boards.
Advocates argue that this policy is the latest in a series of measures designed to remove transgender individuals from the military, following an executive order issued by former President Donald Trump.
While legal challenges to the ban continue, the U.S. Supreme Court has allowed its enforcement.
The memo also introduces a new requirement that transgender service members appear before separation boards in uniforms corresponding to the gender assigned at birth. Failure to comply can be used against them, creating an additional obstacle for those seeking to remain in the military.
"This uniform mandate will prevent many transgender service members from attending their separation board hearings," said Emily Starbuck Gerson, a spokeswoman for SPARTA Pride, an advocacy group for transgender troops and veterans. "They are being penalized for not showing up due to an inability to wear the prescribed uniform."
The Pentagon declined to comment on the memo, citing ongoing litigation.
The policy mirrors a prior Air Force directive, reported by The Associated Press, that restricted separation boards from independently deciding whether to retain transgender troops. The directive mandated a recommendation for separation if a service member had a diagnosis of gender dysphoria.
Logan Ireland, a master sergeant in the Air Force with 15 years of service, voiced concerns about the impact of the policy. "Forcing me to wear a uniform that does not reflect my gender identity would be a betrayal of how the military has seen me for most of my adult life," Ireland said.
Gerson emphasized the policy's contradiction of the merit-based military model. "This policy disregards a service member's career history, accomplishments, training, and contributions to their field," she stated.
Priya Rashid, a military lawyer, highlighted the policy's unequal treatment of transgender service members. "Individuals accused of serious misconduct are afforded greater due process protections than transgender individuals facing separation based solely on their gender identity," Rashid said.