President Biden’s June 26, 2024 pardon marks a historic step toward correcting past injustices faced by LGBTQ+ service members—especially those convicted for consensual same-sex conduct under the former UCMJ Article 125. But how do you know if you’re eligible, and what steps do you need to take?

What the 2024 Pardon Covers

  • Scope of pardon: Applies to unaggravated, consensual sexual conduct between consenting adults (18+) under UCMJ Article 125, and related attempts, solicitations, or conspiracies (Articles 80, 81, 82), committed between May 31, 1951 and December 26, 2013. 

  • Exclusions: NOT eligible if conduct involved minors, non-consensual acts, bestiality, prostitution, fraternization, troop-trainee relationships, violations of lawful orders, or spouses of service members.

Who Qualifies — and Who Doesn’t

Eligible If You:

  • Were court‑martialed under Article 125 (or related articles) for consensual sex with an adult.

  • Your conduct was private, consensual, and free of aggravating factors (i.e., not fraternization, assault, etc.)

Not Eligible If You:

  • Faced charges involving any disqualifying factors listed above.

  • Were punished without a formal court-martial (e.g. administrative separation under “Don’t Ask, Don’t Tell” with no Article 125 conviction)

How It Works: The Certificate Process

  1. Self‑certification required — veterans must apply for a certificate of pardon through their former service branch (Army, Navy, Air Force, Space Force, or Coast Guard)

  2. The service branch verifies your records and forwards eligible cases to the DOJ Pardon Attorney, who issues the certificate.

  3. Once you have the certificate, you gain full benefits and can apply to upgrade your military discharge (e.g. from Dishonorable to Honorable)

Why So Few Applicants So Far?

  • As of Fall 2024, only 8 applicants have been processed

  • Many eligible veterans may be unaware of the opportunity—or deterred by the process, which requires self-identification and documentation.

  • Unlike broader pardons (e.g., for marijuana), this one requires individual applications, supported by specific case evidence .

Step-by-Step: Are You Eligible?

  1. Gather your military court-martial records, including Articles 125, 80, 81, or 82 conviction documentation.

  2. Confirm “unaggravated” status under the pardon (no minors, coercion, fraternization, etc.).

  3. Apply for the Presidential Pardon Certificate through your military branch.

  4. Once issued, use that certificate as evidence (along with DD Form 149) to apply for a discharge upgrade—unlocking VA benefits, federal employment, and more.

How NSLF Can Help You

  • Expert Eligibility Review — We’ll assess your case records to confirm eligibility and ensure no disqualifying factors are overlooked.

  • Full Application Support — From gathering documentation to completing required federal forms, we guide you every step of the way.

  • Don’t Stop There — Once pardoned, we’ll help you apply for a discharge upgrade, maximizing your chances of accessing full VA benefits, education, and employment opportunities.

  • Veteran-Focused — NSLF combines military law expertise with a deep commitment to LGBTQ+ veterans. We understand the emotional and societal context—especially for those impacted decades ago.

Your Next Moves

  • Step 1: Request your court-martial records (DD-214, military transcripts).

  • Step 2: Contact NSLF for a free eligibility consultation. We’ll review your records and guide your application.

  • Step 3: Submit your pardon application—and soon after, begin the discharge upgrade process with your certificate in hand.

FAQs

Q: My discharge was administrative, not court-martial—am I still eligible?
A: No. This pardon applies only to court-martial convictions under Article 125 (or related). If your separation was administrative under DADT without court-martial, you may still pursue a discharge upgrade—but through a different route.

Q: How long will the pardon application take?
A: Expect several months to a year—branches must verify records, DOJ must issue the certificate, and processing times vary.

Q: Are deadlines looming?
A: No. There’s no set deadline—but applying sooner rather than later helps clear records and get your discharge reviewed faster.

Q: What benefits can I access after upgrading my discharge?
A: You could receive VA healthcare, education, disability compensation, plus eligibility for federal employment, security clearances, professional licenses, and firearm rights.

Ready to Clear Your Record?

President Biden’s pardon is a historic act of justice—but paperwork and process stand in the way. NSLF is here to guide you every step of the way.

📅 Book Online Now for a Free Consultation.

Let us help you reclaim your service record, restore your benefits, and reclaim the dignity you earned.

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