The Department of Justice wants a federal court to dismiss a class action lawsuit involving 142 people who were discharged from the military under "don't ask, don't tell," and are now receiving a reduced pay grade because of their discharge status.
The American Civil Liberties Union announced the lawsuit Thursday, looking for a total of $2.1 million. The organization said the policy dictating the service members' separation pay was not part of the "don't ask, don't tell" repeal, so there was no change once the ban was lifted on openly gay military personnel. However, the Department of Defense can change the policy on its own, without Congressional approval, according to the ACLU.
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