Unfinished Business: A Discussion of Remedies for Victims of Involuntary Dismissal under Don't Ask, Don't Tell and Its Predecessor, toward a True Reconciliation

Authors

Robert I. Correales, University of Nevada, Las Vegas -- William S. Boyd School of Law

Document Type

Article

Publication Date

2012

Abstract

By examining another dark chapter in American history-the internment of Japanese Americans during World War II-this Article makes a moral and legal case for a more complete resolution of harms to victims of anti-gay military discrimination. The successful reparations campaign waged by Japanese Americans who were interned during World War II has provided both inspiration and a helpful blueprint for reparation movements worldwide. This article seeks to show that by observing the parallels between these two dark periods, it is clear that DADT's historical chapter cannot be closed until reparations are paid to those who were victimized by the policies of exclusion. I argue that any acceptable remedy must include: a public apology that can help vindicate those who have been harmed by the discriminatory policy; a process of reinstatement for those who wish to continue serving; upgrades to the discharge status for those who were undeserving of a less than honorable discharge; a reinstatement of benefits resulting from a change of status; a reinstatement of educational and pension benefits to those who unjustly lost them; and other remedies commensurate with the harm experienced.

Publication Citation

22 S. Cal. Rev. L. & soc. Just. 1 (2012).

Recommended Citation

Correales, Robert I., "Unfinished Business: A Discussion of Remedies for Victims of Involuntary Dismissal under Don't Ask, Don't Tell and Its Predecessor, toward a True Reconciliation" (2012). Scholarly Works. 1277.
https://scholars.law.unlv.edu/facpub/1277