According to the data, 35,801 individuals "received a discharge or separation because of real or perceived homosexuality, homosexual conduct, sexual perversion, or any other related reason from the period October 1, 1980 to September 20, 2011." Of those cases, 81% were denied honorable discharges in the form of a general discharge, other than honorable discharge, bad conduct discharge or dishonorable discharge.
Underscoring the long-standing confusion over the number of service members affected, the military has within weeks offered contradictory figures. When CBS News reached out to the Defense Department about the new figures, officials there produced different numbers from its Office of Legal Policy indicating most service members separated on the basis of homosexual conduct from 1970 to 2011 were discharged under honorable conditions.
After requesting more detail, the department shared a partial breakdown: 23,392 honorable discharges, 11,023 general discharges under honorable conditions and 5,374 uncharacterized discharges. It did not provide statistics on the most punitive forms of discharges.
While it's unclear why the figures from the Defense Department's Office of Legal Policy differ from those provided by its own Freedom of Information Division, it is not surprising, experts told CBS News. Scholars, activists, and lawmakers have wrestled for years with how to count and identify these individuals in the absence of clarity and transparency from the military itself.
"The numbers confirm the magnitude of the discrimination and injustice suffered by so many service members who joined our Armed Forces with the hope of honorably serving our country," said Elizabeth Kristen, the director of Legal Aid At Work's Gender Equity & LGBTQ Rights Program. "It also quantifies the substantial number of service members who carry the harmful stigma of a discharge status that is less than an honorable discharge, impacting their right to receive the benefits that this country has seen fit to provide to all other veterans."