A new Pentagon directive will sharply restrict the ability of transgender service members — those affected by the Trump administration’s ban — to appeal for continued military service, according to a memo obtained by the Associated Press.
Under the Oct. 8 memo from Undersecretary of Defense for Personnel and Readiness Anthony Tata, military separation boards no longer have the final say in whether transgender troops can remain in uniform. Even if a board recommends retention, commanders may now override that decision — a departure from long-standing practice that boards act independently.
The move follows President Donald Trump’s executive order barring transgender individuals from military service, part of a broader rollback of diversity and inclusion initiatives led by Defense Secretary Pete Hegseth, who argues such measures undermine readiness.
While legal challenges continue, the U.S. Supreme Court in May allowed enforcement of the ban to proceed during litigation.
New Hurdles for Transgender Troops
The memo, which service members reportedly received only last week, also requires transgender personnel to appear before separation boards in the uniforms corresponding to their birth-assigned gender. If they fail to comply, the hearings may continue in their absence, and that absence could be used against them.
Advocates say the rule effectively prevents many from attending their own hearings.
“It’s essentially setting up a predetermined outcome,” said Emily Starbuck Gerson, spokesperson for SPARTA Pride, a group representing transgender troops and veterans. “Now you’re penalizing someone for not showing up because they can’t wear the wrong uniform.”
When asked about the memo, Pentagon assistant press secretary Riley Podleski declined to comment, citing ongoing litigation.
A similar directive issued by the Air Force in August required separation boards to recommend discharge for any member diagnosed with gender dysphoria, removing their discretion to retain personnel. Gerson said the new, Pentagon-wide policy mirrors that directive but includes “alarming” new requirements such as the uniform rule.
The memo states that if a service member “does not conform to uniform and grooming standards, board proceedings will continue with the Service member in absentia,” and their noncompliance may be considered when deciding on separation.
Trans Troops Say Policy Strips Away Dignity
Many transgender service members say they no longer possess uniforms that match their gender at birth — and being forced to wear them would be degrading.
Master Sgt. Logan Ireland, an Air Force veteran with 15 years of service, said being required to don a female uniform would “feel like a betrayal.”
“Can I put on a skirt or the female dress uniform? Sure,” he said. “But that’s not who I am. It would be like wearing a costume.”
Ireland, currently on administrative leave, said the policy disregards years of service and sacrifice.
“It denies us the dignity and respect we were promised,” he said.
Gerson added that the new rules contradict the military’s stated commitment to merit-based evaluations, ignoring service members’ accomplishments and contributions.
Undermining an Established System
Military separation boards traditionally give service members facing discharge an opportunity to make their case before peers. These quasi-legal proceedings allow them to present evidence, have legal representation, and appeal outcomes to federal court.
Pentagon policy has long guaranteed such hearings be “fair and impartial.” In the past, boards have even chosen to retain service members involved in serious incidents — including the commanding officer of the USS McCain, responsible for a deadly 2017 collision, and several Marines who took part in the Jan. 6, 2021, Capitol riot.
Priya Rashid, a military attorney who has represented hundreds of troops before such boards, said the new policy undermines fairness and due process.
“Service members accused of serious misconduct — even violent offenses — are being given more rights than this group, simply because of their gender dysphoria diagnosis,” Rashid said.
Advocates warn that the change represents the most significant rollback of transgender rights in the military since the reinstatement of the ban and could effectively end many trans service members’ careers without a fair hearing.