38A:21-33 Discharge status change, separation due solely to sexual orientation, gender identity, expression.

269 words·~1 min read·/nj/title-38a/chapter-21/38a-21-33

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

a. All former service members of the Armed Forces who were separated from the service with a general or other than honorable discharge due solely to their sexual orientation, or gender identity or expression, may request that the Department of Veterans Affairs assist them to have the designation on the discharge changed and recorded as honorable.

b. The Department of Veterans Affairs shall:

(1)create, publish, and distribute material to all public agencies of the availability of the assistance; and

(2)create a consistent and uniform process to assist a former service member with the appropriate and necessary forms and conditions prescribed by federal law so that service member may petition the United States Department of Veterans Affairs, or its successor agency, to change the designation on the discharge to honorable.

At no time shall a fee be charged to a former service member for seeking assistance to have the designation on the discharge changed to honorable.

c. A former service member who has the designation of discharge changed to honorable shall be afforded the same rights, privileges, and benefits authorized by State law to service members who were honorably discharged.

d. Information related to the change in the designation of a discharge, including, but not limited to, a request for assistance, shall be confidential and not accessible to the public as a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).

e. The commissioner shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this section.

L.2025, c.139, s.65.