US Air Force’s New Policy: Transgender Troops Denied Hearings Before Discharge
New Air Force policy forces discharge of transgender troops without hearings.
A controversial new U.S. Air Force policy, outlined in a memo dated Tuesday, mandates that military separation boards must recommend the discharge of transgender airmen diagnosed with gender dysphoria, effectively denying them the opportunity to argue for retention before a board of peers. This directive, aligned with a recent Trump administration policy, eliminates the boards’ traditional discretion to evaluate a service member’s merit, character, or potential, sparking outrage among military legal experts and advocacy groups who deem the policy unlawful and a threat to military fairness.
Historically, separation boards provide a quasi-legal hearing where service members can present evidence of their fitness, performance, and value to the military. These hearings, while not formal courts, allow legal representation and appeals to federal court, ensuring a “fair and impartial” process, per Pentagon policy.
However, the new Air Force guidance requires boards to recommend separation solely based on a gender dysphoria diagnosis, defined as a mismatch between a person’s biological sex and gender identity. Military lawyer Priya Rashid, who has represented service members in hundreds of such hearings, called the directive unprecedented and unlawful, arguing it undermines the impartiality of the process. “I’ve seen people with serious offenses retained because boards could assess their value to the service,” she said.
This policy follows another recent Air Force decision to deny transgender troops early retirement benefits and revoke previously approved requests, intensifying efforts to remove transgender service members. The Pentagon reports that 4,240 troops have been diagnosed with gender dysphoria, which the military uses as an identifier for transgender individuals.
A Supreme Court ruling in May 2025 allowed the Pentagon to enforce a ban on transgender troops, offering them voluntary separation with a payout or involuntary discharge without pay. Many, like Senior Master Sgt. Jamie Hash and Master Sgt. Logan Ireland, chose to fight for retention through separation boards, citing their extensive service records, including overseas deployments and commendations. “I wanted a fair hearing judged on my record,” Ireland said, expressing dismay at the policy’s “betrayal” of that promise.
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The policy also prohibits recording board proceedings, which Rashid argues prevents oversight and weakens appeal options. Legal experts fear this could set a precedent for other military branches, with Rashid noting that the Army and Navy may adopt similar standards. Col. Bree Fram, a transgender Space Force officer, warned that the policy’s “automation” over judgment could extend to other conditions or groups based on political whims, eroding merit-based evaluations. Cathy Marcello of the Modern Military Association of America echoed this, stating the policy signals that “identity, not ability, determines who stays in uniform,” undermining trust in military leadership.
The Air Force defended the policy as “consistent with Department of Defense guidance” but declined to address its legal implications. As transgender troops like Hash and Ireland face uncertain futures, advocacy groups and legal teams are preparing to challenge the policy, arguing it violates principles of fairness and jeopardizes dedicated service members based solely on their identity.