Judge Elaine D. Kaplan rejected the Trump administration’s bid to send 17 transgender Air Force and Space Force members’ case over revoked retirement orders to an Air Force records board, keeping it in court. The ruling does not restore their retirements or decide the merits.
After offering some affected personnel with 15 to 18 years of service an early-retirement exception, the Air Force issued orders to 17 Air Force and Space Force members in June 2025, then rescinded them in August. The plaintiffs say service regulations allow issued orders to be revoked only in limited circumstances, such as fraud or error, and argue the Air Force has not shown such a basis.
The Justice Department argued the Air Force Board for Correction of Military Records should determine whether the original retirements were properly approved and establish the basis for revoking them. Its attorney acknowledged the revocation decision did not explain how it complied with the regulation. Kaplan said the plaintiffs did not have to go to the board before suing and that the court could interpret the rule after reviewing the administrative record. She gave the parties a week to propose a schedule for producing the record and briefing the case.
