"There are thousands that have been incarcerated for their sexuality" over the years, said Rachel VanLandingham, a law professor who spent 24 years in the Air Force and is now the president of a nonprofit dedicated to improving fairness in the military justice system."If they cared enough, they could go through the records."
While the true scope is unknown, it's estimated 100,000 LGBTQ service members were kicked out of the military between World War II and the repeal of"don't ask, don't tell." Many received less than honorable discharges that deprived them of the full spectrum of benefits afforded to those honorably discharged, including access to VA loan programs, college tuition assistance, health care and some federal jobs. Others, however, faced far more severe consequences.
It wasn't uncommon then to be court-martialed and thrown out of the military, so Marose followed his lawyer's advice and pleaded guilty. But the military didn't discharge Marose — it put him in prison. "There were so many alternative ways to involuntarily separate an individual from the military without putting on a paper that you were doing so because of their sexual orientation," VanLandingham said.
While there are official channels veterans can use to request a discharge upgrade or correction to their record, Marose said he has never tried to do so because he had heardIn a statement to CBS News, a Defense Department spokesperson said it would be"inappropriate" to comment on a specific case, adding that"as a matter of law, the Department of Defense has no means by which it can administratively set aside a conviction once appellate review is complete.
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