Seventeen Transgender Air Force Members Sue for Denied Benefits

Seventeen transgender members of the United States Air Force have filed a lawsuit against the Trump administration, alleging that their early retirement benefits were unlawfully denied. The complaint, submitted on October 16, 2023, to the U.S. Court of Federal Claims in Washington, D.C., claims the Air Force rescinded their retirement orders after they had served between 15 and 18 years.

The original retirement orders were issued in June 2025 by Gwen DeFilippi, who was the Acting Assistant Secretary of the Air Force for Manpower and Reserve Affairs at the time. However, these orders were revoked in August 2025, shortly after Brian L. Scarlett succeeded DeFilippi as Senior Advisor to the Assistant Secretary of the Army for Manpower and Reserve Affairs. The plaintiffs contend that this reversal was not permissible under the Air Force’s own regulations.

According to the lawsuit, the Air Force’s directive—DAFI 36-3203—states that retirement orders can only be rescinded under very limited circumstances, none of which applied in their cases. The plaintiffs seek not only the reinstatement of their retirement orders but also the restoration of their retirement status and any associated benefits, along with damages accrued due to this situation.

The Air Force previously stated in a response to NBC News that the early retirement benefits were subject to a higher-level review due to a new policy regarding gender dysphoria. They indicated that the plaintiffs had been “prematurely notified” of their approval for early retirement, suggesting that the process had not been completed according to the revised guidelines.

In May 2021, the Supreme Court permitted the Trump administration to continue with its ban on transgender service members, which has impacted the estimated 4,240 active-duty personnel diagnosed with gender dysphoria across the armed forces, as reported by the New York Times.

As this legal battle unfolds, the broader implications for transgender service members in the military remain significant. The Pentagon has not yet provided a comment regarding the lawsuit, and the Air Force did not immediately respond to requests for additional information from the Daily Caller News Foundation.

This lawsuit highlights ongoing challenges faced by transgender individuals in military service, particularly concerning their rights and access to benefits. The outcome may set a crucial precedent for how similar cases are handled in the future.