Federal Register - January 28, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents Sec. 2. Revocation. The Presidential Memorandum of March 23, 2018 Military Service by Transgender Individuals, is hereby revoked, and the Presidential Memorandum of August 25, 2017 Military Service by Transgender Individuals, remains revoked.
Sec. 3. Agency Roles and Responsibilities. In furtherance of the policy described in section 1 of this order, I hereby direct the following:
a The Secretary of Defense, and Secretary of Homeland Security with respect to the Coast Guard, shall, after consultation with the Joint Chiefs of Staff about how best to implement this policy and consistent with applicable law, take all necessary steps to ensure that all directives, orders, regulations, and policies of their respective departments are consistent with this order. These steps shall include establishing a process by which transgender service members may transition gender while serving, along with any further steps that the Secretary of Defense and Secretary of Homeland Security deem appropriate to advance the policy described in section 1 of this order.
b The Secretary of Defense shall:
i immediately prohibit involuntary separations, discharges, and denials of reenlistment or continuation of service on the basis of gender identity or under circumstances relating to their gender identity;
ii identify and examine the records of service members who have been involuntarily separated, discharged, or denied reenlistment or continuation of service on the basis of gender identity or under circumstances relating to their gender identity;
iii issue guidance to the Secretaries of each military department regarding the correction of the military records of individuals described in subsection bii of this section as necessary to remove an injustice, pursuant to section 1552a of title 10, United States Code, to the extent permitted by law; and iv direct the Secretaries of each military department to provide supplemental guidance, subject to the approval of the Secretary, to the boards for the correction of military records, instructing such boards on how to review applications for the correction of records of individuals described in subsection bii of this section. Where appropriate, the department concerned shall offer such individuals an opportunity to rejoin the military should they wish to do so and meet the current entry standards.
c The Secretary of Homeland Security with respect to the Coast Guard shall:
i immediately prohibit involuntary separations, discharges, and denials of reenlistment or continuation of service, on the basis of gender identity or under circumstances relating to their gender identity;
ii identify and examine the records of service members who have been involuntarily separated, discharged, or denied reenlistment or continuation of service, on the basis of gender identity or under circumstances relating to their gender identity;
iii issue guidance regarding the correction of the military records of individuals described in subsection cii of this section as necessary to remove an injustice, pursuant to section 1552a of title 10, United States Code, to the extent permitted by law; and iv provide supplemental guidance to the Board for Correction of Military Records of the Coast Guard, instructing the Board on how to review applications for the correction of records of individuals described in subsection cii of this section. Where appropriate, the Secretary of Homeland Security shall offer such individuals an opportunity to rejoin the Coast Guard should they wish to do so and meet the current entry standards.
d The Secretary of Defense and the Secretary of Homeland Security shall report to me within 60 days of the date of this order on their progress in implementing the directives in this order and the policy described in section 1 of this order.
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