GUIDANCE ON BENEFITS FOR SAME-SEX SPOUSES
Date Signed: 8/30/2013 | MARADMINS Number: 432/13
MARADMINS : 432/13
R 301047Z AUG 13
UNCLASSIFIED/
MARADMIN 432/13
MSGID/GENADMIN/CMC WASHINGTON DC MRA//
SUBJ/GUIDANCE ON BENEFITS FOR SAME-SEX SPOUSES//
REF/A/DOC/SECDEF/13AUG13//
REF/B/DOC/SECDEF/11FEB13//
REF/C/DOC/USD(P and R)/13AUG13//
NARR/REF A IS SECDEF MEMO DIRECTING EXTENSION OF BENEFITS TO SAME-SEX SPOUSES WHO ARE MARRIED AND CANCELING THE EXTENSION OF BENEFITS TO SAME-SEX DOMESTIC PARTNERS.  REF B IS SECDEF MEMO DIRECTING SERVICE SECRETARIES TO EXTEND DESIGNATED BENEFITS TO ELIGIBLE SAME-SEX DOMESTIC PARTNERS OF SERVICE MEMBERS.  REF C IS USD (P and R) MEMO PROVIDING FURTHER GUIDANCE ON EXTENDING BENEFITS TO ELIGIBLE SAME-SEX SPOUSES OF SERVICE MEMBERS.//
POC/MPO/W.J. MCWATERS/(703) 784-9387//
GENTEXT/RMKS/1.  THE U.S. SUPREME COURT RULING IN UNITED STATES V. WINDSOR HAS MADE IT POSSIBLE TO RECOGNIZE SAME-SEX MARRIAGES THAT ARE VALID IN THE STATE OF MARRIAGE AND EXTEND FEDERAL BENEFITS AND ENTITLEMENTS TO MILITARY SPOUSES AND FAMILY. PER REFERENCE A, THE DEPARTMENT OF DEFENSE (DOD) AND  THE MILITARY SERVICES WILL CONSTRUE THE WORDS "SPOUSE" AND "MARRIAGE" TO INCLUDE SAME-SEX SPOUSES AND MARRIAGES, AND THE DEPARTMENT WILL WORK TO MAKE THE SAME BENEFITS AVAILABLE TO ALL MILITARY SPOUSES REGARDLESS OF WHETHER THEY ARE IN SAME-SEX OR OPPOSITE-SEX MARRIAGES. BASED ON THE ABOVE, SECDEF HAS DETERMINED THAT THE EXTENSION OF BENEFITS TO SAME-SEX DOMESTIC PARTNERS OF MILITARY MEMBERS, AS IDENTIFIED IN REFERENCE B, IS NO LONGER NECESSARY.
2.  EXTENSION OF BENEFITS TO SAME-SEX SPOUSES WILL REQUIRE SOME POLICY REVISIONS AND TECHNICAL UPGRADES TO CERTAIN SYSTEMS. THE DEFENSE ENROLLMENT ELIGIBILITY REPORTING SYSTEM (DEERS) CURRENTLY DOES NOT AUTHORIZE THE ISSUANCE OF AN IDENTIFICATION CARD TO A SPOUSE OF THE SAME GENDER. HOWEVER, THE DOD AND MILITARY SERVICES WILL WORK TO MAKE NECESSARY ADJUSTMENTS TO ALLOW THE SAME BENEFITS TO BE AVAILABLE TO SAME-SEX SPOUSES ON 3 SEPTEMBER 2013.  ENTITLEMENT TO AUTHORIZED BENEFITS WILL BE EFFECTIVE AS OF THE DATE OF THE MARRIAGE OR THE DATE OF THE U.S. SUPREME COURT DECISION (26 JUNE 2013), WHICHEVER IS LATER.
3.  THIS MESSAGE IS APPLICABLE TO THE ACTIVE AND RESERVE COMPONENTS.
4.  RELEASE AUTHORIZED BY LTGEN R.E. MILSTEAD, JR., DEPUTY COMMANDANT FOR MANPOWER AND RESERVE AFFAIRS.//