The Department of Defense (DoD) has issued new implementation guidance on prioritizing military excellence and readiness, effective immediately. This directive follows a Supreme Court order in Shilling v. United States.
The Supreme Court’s May 6, 2025, order stayed a preliminary injunction previously issued by the U.S. District Court for the Western District of Washington.
The U.S. Court of Appeals for the District of Columbia also stayed a related injunction in Talbott v. United States.
As a result of these legal actions, several previous memos regarding compliance with these court orders and additional guidance on gender dysphoria treatment, issued in March and April of this year, have been rescinded.
The new guidance modifies and directs the implementation of previously issued Secretary of Defense memoranda and an Executive Order related to “prioritizing military excellence and readiness.”
Voluntary Separation: Service members who have previously self-identified for voluntary separation, or who choose to do so now, may be processed for separation. These individuals must request voluntary separation before a deadline established in a previous memorandum. The Military Departments will establish procedures requiring medical verification to confirm a current diagnosis, history of, or symptoms consistent with gender dysphoria for those seeking voluntary separation.
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Military Department Identification: The primary method for identifying Service members for potential involuntary administrative separation due to a current diagnosis, history of, or symptoms consistent with gender dysphoria that render them no longer eligible for military service will be through compliance with the Individual Medical Readiness (IMR) program and service-specific IMR guidance. This assessment will be conducted via the DoD Periodic Health Assessment.
- Secretaries of the Military Departments will direct unit commanders, in coordination with medical personnel, to ensure Service members comply with their IMR obligations and to immediately begin identifying affected individuals.
- Commanders aware of Service members with gender dysphoria, a history of it, or consistent symptoms are directed to initiate individualized medical record reviews to confirm compliance with medical standards under the IMR program.
- The guidance emphasizes the protection of protected health information in accordance with existing law and Department policy.
Separation Proceedings: Service members affected by the Department’s gender dysphoria policy who do not receive a waiver and do not seek voluntary separation will be processed for involuntary separation. Enlisted members will be separated under Secretarial Plenary Authority, and officers will be separated on the basis that their continued service is not clearly consistent with national security interests.
Reentry and Reserve Component Ineligibility: Service members discharged under this policy are generally ineligible for reentry into military service or service in a Reserve Component unless a waiver is granted.
Delegation of Authority: Separation authority under this policy may only be delegated in writing to Presidentially Appointed, Senate-Confirmed officials. Further delegation is not authorized.
Separation Benefits and Services: Service members undergoing separation under this policy will be provided with various benefits and support services to aid their transition to civilian life, including counseling, transition assistance programs, temporary healthcare, employment and financial counseling, and community reintegration services. However, participation in the SkillBridge program is not authorized.
Reporting: The first compliance report on the implementation of this guidance is due no later than June 15, 2025.
Military leaders across all branches will now be tasked with implementing these directives and identifying affected personnel.
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