Although the Department of Defense (DoD) policy changed in 2021 to allow transgender personnel and individuals with gender dysphoria to serve openly in their self-identified gender the guidance can still be confusing, especially for cadets.

What we do know:

  • As of April 30, 2021, transgender people are once again allowed to serve openly, and in-service transition is once again allowed for service members (DoDI 1300.28 [2021], supra note 50 and DoDI 6130.03 [2021], supra note 50).
  • Under the new guidance, in-service transition has specific beginning and end points. “Gender transition begins when a Service member receives a diagnosis from a military medical provider indicating that gender transition is medically necessary, and then completes the medical care identified or approved by a military mental health or medical provider in a documented treatment plan as necessary to achieve stability in the self-identified gender. It concludes when the Service member’s gender marker in DEERS is changed and the Service member is recognized in his or her self-identified gender” (DoDI 1300.28 [2021], supra note 50 and DoDI 6130.03 [2021], supra note 50).

The instruction under DoDI 1300.28 Section 1.1 (a-c) “service member” applies to all military branches including the US Coast Guard, contracted ROTC cadets/midshipmen, and Service Academy cadets/midshipmen. This issuance does not apply to individuals participating in ROTC programs in a non-contracted volunteer status. Contracted ROTC midshipmen and cadets have limited eligibility for medical benefits and care through a military medical treatment facility (MTF), as delineated in DoDI 1215.08.

However, DoDI 1300.28 Section 3.6 references special considerations associated with the first term of service.  Contracted ROTC Cadets and Service Academies fall into this “first term of service” clause that states:

  • A blanket prohibition on gender transition during a service member’s first term of service is not permissible.
  • The following policies and procedures apply to service members during the first term of service and will be applied to service members with a diagnosis indicating that gender transition is medically necessary in the same manner, and to the same extent, as to service members with other medical conditions that have a comparable impact on the service member’s ability to serve:
    • An individual participant is subject to placement on a medical leave of absence or medical disenrollment from the Reserve Officers’ Training Corps in accordance with DoDI 1215.08 or from a Military Service Academy in accordance with DoDI 1322.22, based on a medical condition that impairs the individual’s ability to complete such training or to access into the Military Services.

The DoDI 1215.08 Section 3.10(c) regarding medical examination states:

  • Once medically qualified, if a cadet or midshipman is temporarily medically disqualified due to a non-permanent medical condition he or she may participate in a non-enrolled status with the approval of the Military Department concerned. If such persons subsequently become medically qualified while participating, the Military Department concerned may offer participation credit for courses previously completed (DoDI 1215.08, Section 3.10, Item C)

Receipt of a “medical disqualification” letter only means you do not currently meet the accession standards, you may continue to participate in your ROTC program and continue with the normal training at a Service Academy.  You must meet the accession standards in DoDI 6130.03, Section 6.28, t(1) before commissioning which is an 18-month window since starting the transition.

  • History of gender dysphoria if:
    1. Symptomatic within the previous 18 months; or
    2. Associated with comorbid mental health disorders.

However, if a cadet/midshipman with an undisclosed medical condition (i.e. a diagnosis of gender dysphoria) does not disclose before contracting they may be at risk of “failure to disclose” (DoDI 6130.03).

Additional resources:

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