Seventeen Transgender Air Force Members Sue for Denied Benefits

Seventeen transgender members of the U.S. Air Force have filed a lawsuit against the Trump administration, alleging the wrongful cancellation of their early retirement benefits. The complaint was submitted to the U.S. Court of Federal Claims in Washington, D.C., on October 2, 2023. The plaintiffs assert they were denied benefits after serving between 15 and 18 years in the military, despite having received retirement orders.

The original retirement orders were issued in June 2025 by Gwen DeFilippi, then Acting Assistant Secretary of the Air Force for Manpower and Reserve Affairs. However, these orders were rescinded in August when Brian L. Scarlett took over the position. According to the lawsuit, the Air Force’s own retirement guidelines, specifically DAFI 36-3203, stipulate that retirement orders may only be revoked under very limited conditions, which the plaintiffs argue were not applicable in their case.

The legal representation for the plaintiffs is provided by GLAD law, a firm specializing in issues concerning the LGBTQ+ community. The lawsuit seeks to reinstate the plaintiffs’ retirement orders, restore their retirement status along with the associated benefits, and recover damages incurred due to this revocation.

In a statement to NBC News, the Air Force explained that early retirement benefits are subject to a higher-level review under the Pentagon’s new gender dysphoria policy. The Air Force claimed that the plaintiffs were “prematurely notified” of their retirement approval. This policy has faced scrutiny, particularly after the U.S. Supreme Court allowed the Trump administration to enforce a ban on transgender individuals serving in the military in May.

According to data reported by the New York Times, there are approximately 4,240 active-duty service members diagnosed with gender dysphoria across the armed forces. The situation for these individuals has been further complicated by the Air Force’s recent policy changes, leaving many uncertain about their future in the military.

As this legal battle unfolds, it highlights the ongoing challenges faced by transgender service members and raises questions about the implications of policy changes on their rights and benefits. The Pentagon has deferred to the Air Force for comments, which were not immediately available at the time of this report.

This case will be closely monitored as it could set a significant precedent for how transgender individuals are treated within the military framework and the protections afforded to them under U.S. law.