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U.S. military members saluting while standing in formation.
“This administration is desperate to distract from the reality that these service members have impeccable records and that there is no reason whatsoever to separate them from military service,” attorney Shannon Minter told The Advocate.
The Trump administration has formalized a process to remove transgender Americans from military service through a seven-page Pentagon memorandum that advocates and legal experts say transforms discrimination into official policy under the guise of “readiness.”
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First reported by the Associated Press and subsequently obtained by The Advocate, the October 8 directive, titled “Prioritizing Military Excellence and Readiness: Additional Implementation Guidance on Administrative Separations,” replaces long-standing procedural safeguards with rules that concentrate authority in the hands of commanders and restrict the rights of transgender troops facing discharge.
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Signed by Under Secretary of Defense for Personnel and Readiness Anthony Tata, the memo enforces two of President Donald Trump’s executive orders issued earlier this year: one to “restore biological truth” in federal policy by denying the existence of trans and nonbinary people across federal agencies and another directing the Department of Defense to “prioritize excellence and readiness.” The orders target transgender people who have been serving honorably for years and those who want to join the armed services.
The latest document allows commanders to overrule administrative separation boards — peer panels that, for decades, have acted independently to determine whether a service member should remain in uniform. It also imposes a new appearance requirement: “All Service members attending separation hearings … must conform to the uniform and grooming standards associated with their sex,” the memo reads.
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According to the Trump administration, that means transgender men would have to appear at their hearings as women, and trans women would have to appear as men. “Waivers to permit civilian attire or a uniform not associated with a Service member’s sex will not be authorized or considered,” the memo states. If a service member refuses to comply, “board proceedings will continue with the Service member in absentia,” and their absence “may … be taken into consideration.”
Advocates say that the rule effectively prevents many transgender service members from defending themselves, as, beyond the indignity, few own uniforms matching their gender assigned at birth.
Shannon Minter, legal director and vice president of the National Center for LGBTQ Rights, told The Advocate that the administration’s approach attempts to disguise exclusion as process. Minter represents transgender service members challenging the ban in Talbott v. United States, a federal case pending in Washington, D.C.
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“This administration is desperate to distract from the reality that these service members have impeccable records and that there is no reason whatsoever to separate them from military service,” Minter said.
The guidance directs boards to use a standardized worksheet that limits their inquiry to whether a service member “has a diagnosis, history of, or exhibits symptoms consistent with gender dysphoria.” If so, the board “should” recommend separation. No other factors — including length of service, commendations, or combat experience — are permitted for consideration.
Officers separated under the policy are to be coded “JDK,” a designation typically reserved for cases that are “not clearly consistent with the interests of national security.” While the memo specifies that the label should not automatically affect security clearance, veterans’ advocates warn that such coding often stigmatizes former troops and complicates future employment.
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“Ordinarily, the focus of an administrative separation proceeding is on whether a service member has engaged in misconduct or failed to meet standards,” Minter said. “The administration knows these service members have done absolutely nothing wrong and that they are being discharged despite years of faithful service, commendations, honors, promotions, and deployment to combat zones across the globe.”
He added, “This is a cruel and bizarre attempt to deflect attention from the reality that these proceedings reflect a deeply flawed policy that is harmful to the military and to our country.”
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