Seventeen seventeen trans US Air Force members has initiated legal action against the Trump administration for revoking their premature retirement benefits and associated benefits.
The formal complaint, submitted in federal court, describes the government's action as "illegal and void" according to legal papers.
This lawsuit comes after the USAF's announcement that it would deny premature pension benefits to all trans military personnel with 15 to 18 years of military experience, a decision that effectively pushes them out of the military without retirement support.
"The Air Force's own retirement instruction provides that retirement orders may only be rescinded under very limited circumstances, none were present here," states the legal complaint.
Among the listed claimants are Master Sergeant Ireland, Technical Sergeant Davis, Staff Sergeant Brimhall and Senior Master Sergeant Walley.
Civil rights organizations acting for the impacted military personnel stated that the cancellation of premature pension benefits had ripped away economic security and benefits these families were depending on after long years of excellent service to their nation.
"The affected personnel will lose $1-2 million in lifetime benefits, jeopardizing their families' economic security," per the official declaration. "This decision also removes the airmen and their families of eligibility for military health insurance, the military health insurance program, which would have granted eligibility for civilian health care providers in addition to VA facilities."
The lawsuit occurred during the latest escalation by the former administration to ban trans individuals from entering armed forces and to discharge those currently enlisted. The Pentagon has claimed that transgender people are medically unfit, something human rights advocates have pushed back on and say constitutes unlawful bias.
In spring, a US district judge halted Trump's executive order banning transgender people from military service. US district judge Ana Reyes in the nation's capital ruled that the directive likely infringed upon their fundamental rights. Defense Department representatives have said in the past that 4,200 service members were identified as having "gender dysphoria", which they use as an marker of being transgender.
The USAF, however, has stood apart in its implementation of policies that go further than just separating troops from armed forces duty. As well as rescinding premature pension benefits, the branch implemented a new policy in late summer to refuse transgender members the opportunity to plead before a board of their peers for the right to continue serving.
The latest legal challenge, the latest in a string, is challenging that policy.
Per the legal filings, the "claimants' pension authorizations remain legally binding". Their attorneys are calling for these "orders to be restored" and advocating for "service documents be corrected accordingly". The complaint also says "interest, costs and lawyer costs" must be accounted for and "further relief as the court deems fair and appropriate."
"The military taught me to lead and fight, not retreat," declared Ireland, who has fifteen years of military experience. "Stripping away my pension sends the message that those values only apply on the battlefield, not when a service member needs them most."
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Chad Thompson
Chad Thompson
Chad Thompson
Chad Thompson