Presidential Documents

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 7471 

Executive Order 14004 of January 25, 2021 

Enabling All Qualified Americans To Serve Their Country in 

Uniform 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. All Americans who are qualified to serve in the Armed 

Forces of the United States (‘‘Armed Forces’’) should be able to serve. 

The All-Volunteer Force thrives when it is composed of diverse Americans 

who can meet the rigorous standards for military service, and an inclusive 

military strengthens our national security. 

It is my conviction as Commander in Chief of the Armed Forces that gender 

identity should not be a bar to military service. Moreover, there is substantial 

evidence that allowing transgender individuals to serve in the military does 

not have any meaningful negative impact on the Armed Forces. To that 

end, in 2016, a meticulous, comprehensive study requested by the Department of Defense found that enabling transgender individuals to serve openly 

in the United States military would have only a minimal impact on military 

readiness and healthcare costs. The study also concluded that open 

transgender service has had no significant impact on operational effectiveness 

or unit cohesion in foreign militaries. 

On the basis of this information, the Secretary of Defense concluded in 

2016 that permitting transgender individuals to serve openly in the military 

was consistent with military readiness and with strength through diversity, 

such that transgender service members who could meet the required standards and procedures should be permitted to serve openly. The Secretary 

of Defense also concluded that it was appropriate to create a process that 

would enable service members to take steps to transition gender while 

serving. 

The previous administration chose to alter that policy to bar transgender 

persons, in almost all circumstances, from joining the Armed Forces and 

from being able to take steps to transition gender while serving. Rather 

than relying on the comprehensive study by a nonpartisan federally funded 

research center, the previous administration relied on a review that resulted 

in a policy that set unnecessary barriers to military service. It is my judgment 

that the Secretary of Defense’s 2016 conclusions remain valid, as further 

demonstrated by the fact that, in 2018, the then-serving Chief of Staff of 

the Army, Chief of Naval Operations, Commandant of the Marine Corps, 

and Chief of Staff of the Air Force all testified publicly to the Congress 

that they were not aware of any issues of unit cohesion, disciplinary problems, or issues of morale resulting from open transgender service. A group 

of former United States Surgeons General, who collectively served under 

Democratic and Republican Presidents, echoed this point, stating in 2018 

that ‘‘transgender troops are as medically fit as their non-transgender peers 

and that there is no medically valid reason—including a diagnosis of gender 

dysphoria—to exclude them from military service or to limit their access 

to medically necessary care.’’ 

Therefore, it shall be the policy of the United States to ensure that all 

transgender individuals who wish to serve in the United States military 

and can meet the appropriate standards shall be able to do so openly 

and free from discrimination. 

7472 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 

Sec. 2. Revocation. The Presidential Memorandum of March 23, 2018 (Military Service by Transgender Individuals), is hereby revoked, and the Presidential Memorandum of August 25, 2017 (Military Service by Transgender 

Individuals), remains revoked. 

Sec. 3. Agency Roles and Responsibilities. In furtherance of the policy described in section 1 of this order, I hereby direct the following: 

(a) The Secretary of Defense, and Secretary of Homeland Security with 

respect to the Coast Guard, shall, after consultation with the Joint Chiefs 

of Staff about how best to implement this policy and consistent with applicable law, take all necessary steps to ensure that all directives, orders, regulations, and policies of their respective departments are consistent with this 

order. These steps shall include establishing a process by which transgender 

service members may transition gender while serving, along with any further 

steps that the Secretary of Defense and Secretary of Homeland Security 

deem appropriate to advance the policy described in section 1 of this order. 

(b) The Secretary of Defense shall: 

(i) immediately prohibit involuntary separations, discharges, and denials 

of reenlistment or continuation of service on the basis of gender identity 

or under circumstances relating to their gender identity; 

(ii) identify and examine the records of service members who have been 

involuntarily separated, discharged, or denied reenlistment or continuation 

of service on the basis of gender identity or under circumstances relating 

to their gender identity; 

(iii) issue guidance to the Secretaries of each military department regarding 

the correction of the military records of individuals described in subsection 

(b)(ii) of this section as necessary to remove an injustice, pursuant to 

section 1552(a) of title 10, United States Code, to the extent permitted 

by law; and 

(iv) direct the Secretaries of each military department to provide supplemental guidance, subject to the approval of the Secretary, to the boards 

for the correction of military records, instructing such boards on how 

to review applications for the correction of records of individuals described 

in subsection (b)(ii) of this section. Where appropriate, the department 

concerned shall offer such individuals an opportunity to rejoin the military 

should they wish to do so and meet the current entry standards. 

(c) The Secretary of Homeland Security with respect to the Coast Guard 

shall: 

(i) immediately prohibit involuntary separations, discharges, and denials 

of reenlistment or continuation of service, on the basis of gender identity 

or under circumstances relating to their gender identity; 

(ii) identify and examine the records of service members who have been 

involuntarily separated, discharged, or denied reenlistment or continuation 

of service, on the basis of gender identity or under circumstances relating 

to their gender identity; 

(iii) issue guidance regarding the correction of the military records of 

individuals described in subsection (c)(ii) of this section as necessary 

to remove an injustice, pursuant to section 1552(a) of title 10, United 

States Code, to the extent permitted by law; and 

(iv) provide supplemental guidance to the Board for Correction of Military 

Records of the Coast Guard, instructing the Board on how to review 

applications for the correction of records of individuals described in subsection (c)(ii) of this section. Where appropriate, the Secretary of Homeland 

Security shall offer such individuals an opportunity to rejoin the Coast 

Guard should they wish to do so and meet the current entry standards. 

(d) The Secretary of Defense and the Secretary of Homeland Security 

shall report to me within 60 days of the date of this order on their progress 

in implementing the directives in this order and the policy described in 

section 1 of this order. 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 7473 

Sec. 4. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency, 

or the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 

subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party 

against the United States, its departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

THE WHITE HOUSE, 

January 25, 2021. 

[FR Doc. 2021–02034 

Filed 1–27–21; 11:15 am] 

Billing code 3295–F1–P 


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