U.S.A.: Trans sailors and marines must decide by March 28 to leave voluntarily, new policy says

Trans sailors and Marines who wish to voluntarily separate from the military before being subject to discharge have until March 28 to do so, according to a Navy policy announced on Thursday evening.

This policy aligns with a Defense Department-wide policy released last month, stating that service members who opt to separate voluntarily would receive a separation pay amounting to twice what they would get if they were involuntarily discharged later on.

The Navy policy states, “An individual's sex is immutable, unchanging during a person's life,” and indicates that after March 28, 2025, the Department of the Navy will begin involuntary administrative discharges for personnel deemed unqualified for military service.

Following the Pentagon’s policy rollout, each military branch has issued its memos to detail the transaction. Although they all share similar content, including identical language, these memos provide specifics on implementing both the ban and the option for voluntary separation.

According to ‘Military’, the Army policy, submitted in court late last week, provides trans soldiers until March 26 to choose voluntary separation, with the Air Force policy, also court-filed earlier this month, reflecting the same deadline.

Even as these policies are being implemented, a federal court may potentially block the enforcement of the transgender service ban. At least two lawsuits have been filed against the ban, and a federal judge in Washington, D.C., seems highly skeptical of the Trump administration's defence in one of these lawsuits. The judge mentioned at a hearing on Wednesday that she plans to decide by next week on whether to prevent the ban from taking effect during the legal proceedings.

The Pentagon is moving to prevent transgender individuals from serving in the military, in line with an executive order by President Donald Trump in January, which stated that being transgender does “not align with the humility and selflessness required of a service member.”

No substantial evidence or examples have been provided by Pentagon officials to support this statement.

The implementation policy from the Pentagon states that individuals with a history or symptoms of gender dysphoria, or who have transitioned to their gender identity, are disqualified from service.

Gender dysphoria refers to the distress experienced when one’s gender identity does not align with their sex assigned at birth.

While the policy outlines some exemptions, advocates argue that the criteria for waivers are unattainable for transgender service members. To qualify for a waiver, a transgender service member must be stable in their birth sex for 36 months, never transitioned, and be willing to serve as their birth sex. Additionally, it must be shown that retaining the service member serves a “compelling government interest,” which has been clarified to mean the member possesses unique skills or training.

Despite the underlying Pentagon policy, the opportunity for self-identifying sailors and Marines to voluntarily separate is notably generous and unique to the Department of the Navy, inclusive of the Marine Corps.

Under the policy declared on Thursday, those choosing voluntary separation by March 28 will receive twice the typical involuntary separation pay.

Typically, involuntary separation pay amounts to 10% of a service member’s annual base pay multiplied by their years of service. Given the lengthy service of some openly transgender members, both officers and enlisted, these payments could exceed $100,000 (approximately £ 77,000), even before doubling.

Volunteers for separation will also have any existing service obligations annulled and will not need to repay any bonuses linked to their service commitments acquired before February 26.

These bonuses could translate into several hundreds of thousands of dollars.

Additionally, the policy guarantees that separation will be honourable, except where the member’s record suggests a different outcome, and individuals with over 18 but less than 20 years of service might qualify for early retirement.

Those with less than six years or over 20 years of service are ineligible for voluntary separation pay, as noted in the Navy policy.

One notable example is Navy Cmdr. Emily Shilling, a decorated jet pilot who has flown 60 combat missions and is one of the longest-serving openly transgender service members, having served 19 years and eight months.

The policy quietly acknowledges the lack of exact figures on how many sailors or Marines the ban will affect, and formally prohibits officers from identifying service members using medical records, health assessments, or any other diagnostic methods unless directed otherwise by the Pentagon.

The Department of Defense does not keep records on the number of transgender troops. Nonetheless, Pentagon officials estimated in January that 4,240 service members across various branches have been diagnosed with gender dysphoria, though it is conceivable that some have not received a military diagnosis or seek civilian medical care to keep their status private from commanders.

Similar to the Army’s approach, the Navy’s policy is less specific about the fate of those who do not volunteer to self-identify for separation by the deadline.

According to the memo, such individuals will face involuntary separation and lose their eligibility for pay or retention of bonuses, but it states the “procedures for involuntary separation will be promulgated via future guidance.”

Once service members opt for voluntary separation, they will enter an administrative absence status until finalised separation, as specified by the policy.