Military college student sues armed forces over HIV policy

May 5, 2022, 12:01 PM | Updated: May 7, 2022, 6:21 am

BOSTON (AP) — A military college student said in a lawsuit filed Thursday that armed services officials deemed him unfit for service because he tested positive for HIV.

The 20-year-old student from Revere, Massachusetts, said in the complaint against state and federal military officials that he tested positive for HIV in October 2020 during his sophomore year at the nation’s oldest private military college, Norwich University in Northfield, Vermont.

The student, who is identified in the lawsuit only as John Doe, said in the complaint filed in federal court in Burlington, Vermont, that he was deemed unfit for service and dropped from the Reserve Officers’ Training Corps and the Vermont Army National Guard despite being healthy, asymptomatic and on a treatment regimen that renders his viral load undetectable.

His lawsuit notes he was informed he would not be able to get a scholarship through the ROTC or be entitled to other benefits related to military service, such as a state tuition waiver and medical and dental coverage.

Lawyers for Civil Rights, a Boston-based group that filed the lawsuit on the student’s behalf, provided redacted copies of the student’s discharge documents, which show he was terminated from the guard in January for being “not medically qualified.”

Spokespeople for the U.S. Department of Defense and the Vermont National Guard, which are both named in the suit, declined to comment, citing the pending litigation.

Under Department of Defense regulations, HIV is among a lengthy list of health conditions that automatically disqualify a person from enlisting, being appointed as a commissioned officer or enrolling as an ROTC scholarship cadet.

The student’s lawyers argue the military’s HIV policies date to the 1980s when little was known about the condition, which, if left untreated, can lead to AIDS.

“A generation after they were first developed, the military’s policies are highly anachronistic and fail to reflect current medical reality,” the Lawyers for Civil Rights organization argues in the lawsuit. “Advances in medical treatment and prevention have transformed HIV from a progressive, terminal disease to a manageable condition.”

A federal judge in Virginia ruled last month that service members who are HIV-positive cannot be discharged or barred from becoming an officer solely because they’re infected with the virus.

Sophia Hall, deputy litigation director with Lawyers for Civil Rights, said the student’s case is unrelated because the Virginia ruling only applied to those already in military service.

The student, in a statement provided by his lawyers, said he hopes to restore his military standing in order to follow in the footsteps of his grandfather and uncles who served in the armed forces. The lawsuit also asks the court to invalidate the military regulations and policies that led to his dismissal from the National Guard and ROTC.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/Superior Court of Arizona in Yavapai County)...
Associated Press

Arizona judge has cases reassigned following DUI arrest

The Arizona Supreme Court has ruled that all cases currently assigned to a Yavapai County Superior Court judge recently arrested on suspicion of extreme DUI will be reassigned to other judges.
3 days ago
Haitian migrant Gerson Solay, 28, carries his daughter, Bianca, as he and his family cross into Can...
Associated Press

US, Canada to end loophole that allows asylum-seekers to move between countries

President Joe Biden and Canadian Prime Minister Justin Trudeau on Friday announced a plan to close a loophole to an immigration agreement.
6 days ago
Expert skateboarder Di'Orr Greenwood, an artist born and raised in the Navajo Nation in Arizona and...
Associated Press

Indigenous skateboard art featured on new stamps unveiled at Phoenix skate park

The Postal Service unveiled the “Art of the Skateboard" stamps at a Phoenix skate park, featuring designs from Indigenous artists.
6 days ago
(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
12 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
20 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
20 days ago

Sponsored Articles

(Desert Institute for Spine Care in Arizona Photo)...
Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.
(Photo by Michael Matthey/picture alliance via Getty Images)...
Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.
(Pexels Photo)...

Sports gambling can be fun for adults, but it’s a dangerous game for children

While adults may find that sports gambling is a way to enhance the experience with more than just fandom on the line, it can be a dangerous proposition if children get involved in the activity.
Military college student sues armed forces over HIV policy