The Department of Defense (DoD) had an established policy that provided that servicemembers honorably discharged receive half the normal separation pay if they were not eligible for reenlistment.
On Collins' behalf, the ACLU and the Servicemembers Legal Defense Network filed requests for the revision of the policy with the DoD.
[2] Judge Christine Odell Cook Miller heard arguments in the case on September 22, 2011, two days after the end of the DADT policy.
Justice Department lawyer L. Misha Preheim argued on behalf of the government that the Secretary of Defense has sole jurisdiction over back pay for discharged soldiers and that the courts cannot rewrite military regulations.
It provided for the payment of full separation pay to servicemembers discharged under DADT since November 10, 2004, who had previously been granted only half that.