Services Out of Compliance

November 26, 2014
Diane H. Mazur
Palm Center

SAN FRANCISCO, CA - November 26, 2014 --Three retired General and Flag Officers, including Lieutenant General Claudia Kennedy, Major General Vance Coleman, and Rear Admiral Jamie Barnett issued a joint statement today to accompany a new report showing that the Army, Air Force, and Navy/Marines have failed to comply with new Defense Department (DOD) rules on transgender personnel.

The retired General and Flag Officers are joined by seven LGBT leaders and experts who signed the statement, including Kristin Beck (Military Freedom Coalition), Kylar Broadus (National LGBTQ Task Force), James Esseks (American Civil Liberties Union), Diane Mazur (Palm Center), Shannon Minter (National Center for Lesbian Rights), Harper Jean Tobin (National Center for Transgender Equality) and Dayna Walker (Transgender American Veterans Association).

According to the report, written by Palm Center Legal Co-Director Diane Mazur, DOD issued a new regulation in August that eliminates some of the provisions banning service by transgender personnel, and that obligates the individual Services to update their own regulations. Because the Services have not yet complied with DOD rules, however, transgender personnel are not yet allowed to serve.

Today's report explains that DOD's new regulation permits the Services to designate conditions as administratively disqualifying only if those conditions impair fitness for duty or deployment. According to a March 2014 report by a former US Surgeon General and retired General and Flag Officers, transgender identity does not compromise fitness for duty or deployment. As a result, today's report states, "Service-level regulations are now out of compliance with DOD rules and must be revised."

services out of compliance memo.pdf129.81 KB