Pentagon Memo Lets Commanders Override Separation Boards in Transgender Cases, Adds Birth-Assigned Uniform Requirement

WASHINGTON – November 6, 2025: The Pentagon has issued a new policy that allows commanders to override separation board decisions in cases involving transgender service members and requires troops to appear in uniforms that match the gender assigned at birth, according to an Oct. 8 memo obtained by The Associated Press. The guidance marks a significant shift from longstanding policy that such boards act independently, and it arrives as the administration’s broader ban on transgender military service continues amid ongoing litigation.

New Policy Changes and Key Provisions

The Oct. 8 memo from Anthony Tata, the Pentagon’s undersecretary for personnel and readiness, instructs the services that even if military separation boards recommend retaining a transgender service member, commanders can overrule that outcome. This represents a departure from prior practice where boards served as an independent, quasi-legal check on administrative separations.

Advocacy groups say the memo was only made available to troops last week and also imposes a new uniform mandate requiring transgender service members to attend their hearings in attire matching the gender assigned at birth. If they do not, proceedings may continue without them and their absence can be weighed against them.

• Override authority: Commanders can supersede separation board decisions involving transgender troops.
• Uniform mandate: Service members must appear in uniforms aligned with birth-assigned gender or risk in absentia proceedings.
• Enforcement environment: The U.S. Supreme Court in May allowed the ban to be enforced while legal challenges proceed.

What the Memo Says

The memo states: “should the Service member not conform to uniform and grooming standards, board proceedings will continue with the Service member in absentia and may, as appropriate, take the Service member’s failure to comply with standards intro consideration when determining whether the basis for separation has been established.”

Reactions From Advocates, Pentagon, and Service Members

Advocates warn the uniform requirement could prevent many transgender troops from attending their own hearings. Emily Starbuck Gerson, a spokeswoman for SPARTA Pride, said: “They’re already essentially being rigged with a predetermined outcome and then now you’re further penalizing someone for not showing up because they can’t wear the wrong uniform,” Gerson added.

Asked about the memo, Pentagon assistant press secretary Riley Podleski said: “as a matter of policy, the Department does not comment on ongoing litigation.”

Air Force Master Sgt. Logan Ireland, who has served 15 years, said he has been recognized as a man for most of his adult life and nearly 13 years of his military service. “It would be a betrayal of what the military has seen me as,” he said, adding that “it would be like a costume-like effect.”

With many transgender service members currently on administrative leave, the uniform mandate adds to the uncertainty. “Can I put on a skirt or wear the female dress uniform? Sure, yes. … But does that reflect who I am and what I appear to be on a daily basis? No, and it just creates a lot of confusion,” he said.

Gerson said the approach appears to conflict with the administration’s stated focus on merit. “It does not account for the service member’s career history, accomplishments, training and the necessity to their field,” she said.

Ireland said the policy shift “denies us the dignity and respect we were promised as we are forced out of a service that once honored our contributions.”

Policy Context and Prior Directives

The new guidance follows a broader effort announced after an executive order by President Donald Trump, with Defense Secretary Pete Hegseth and the administration targeting diversity, equity, and inclusion programs. In August, an Air Force directive obtained by The Associated Press said separation boards “must recommend separation of the member” if a service member has a diagnosis of gender dysphoria.

The administration’s policies have drawn legal challenges as transgender troops and their supporters contend they have demonstrated their value to the force. In May, the Supreme Court allowed the ban to be enforced while those cases proceed.

What Separation Boards Do-and Why This Matters

Separation boards provide a quasi-legal forum where service members can present evidence and argue to remain in uniform. While not formal courts, they allow legal representation, consideration of character and performance, and appeals to federal court. Pentagon policy on separating officers guarantees “fair and impartial” hearings as “a forum for the officer concerned to present reasons the contemplated action should not be taken.” Historically, boards have sometimes voted to retain service members in challenging cases, including the 2019 decision not to recommend separation for the USS McCain commander after the 2017 collision, and the retention of three active-duty Marines involved in the Jan. 6, 2021, Capitol breach.

Attorney Priya Rashid, who has represented service members before hundreds of boards, said the change undermines due process for transgender troops. “Service members who are accused of serious misconduct, violent misconduct, sex-based misconduct … are being afforded more due process protections and more rights and entitlements than this group of people solely based on the administrative label of gender dysphoria,” she said.

Conclusion: Implementation and Next Steps

The Oct. 8 policy is now in effect across all services, with the override authority and uniform mandate poised to directly influence separation proceedings for transgender troops. As lawsuits continue-and with the ban enforceable under the Supreme Court’s order-military commands will implement the guidance while courts assess its legality. Further directives and clarifications may follow as services adjust procedures and as challenges progress through the judicial system.