Today the U.S. Senate passed the National Defense
Authorization Act (NDAA) for 2014.
Included in this bill is a specific amendment dealing directly with HIV.
The amendment, offered by Rep. Barbara Lee (D-CA), was
adopted in June when the U.S House of Representatives passed the bill. The amendment was taken up by the Chairman of
the House Armed Services Committee and approved on a voice vote.
Section 572 of the bill is titled “Report on the Department
of Defense Personnel Policies regarding members of the Armed Forces with HIV or
Hepatitis B.” It directs the Secretary
of Defense to report back to the Armed Services Committees in both houses of
Congress, no later than 180 days after the President signs the bill, on DoD policies
addressing enlistment or commissioning, retention, deployment, discharge and
disciplinary policies regarding individuals with HIV or HEP B conditions.
The bill’s language is an important victory for service
members who have been prosecuted, jailed and discharged because of outdated, fear-based
policies that serve no purpose other than to discriminate against and unfairly
punish service members with stigmatized health conditions.
The law directs “an assessment of whether the policies
reflect an evidence-based, medically accurate understanding of how these
conditions are contracted, how they can be transmitted to other individuals,
and the risk of transmission.”
I urge Secretary Hagel to use this opportunity to advance
the Armed Forces to modern medical times and recognize the waste and damage
discrimination, under the guise of discipline, causes to the entire force.
Service Members in all branches of the armed services have
been prosecuted, convicted, discharged and forced to register as sex offenders
based solely on an allegation and their HIV status. Many outside legal experts
have noted the lack of complete investigations, ignorance of current science
and inconsistent legal processes when dealing with HIV-related cases.
I personally have suffered such an injustice and was
prosecuted, convicted and served nine months at Leavenworth federal corrections
facility based on my HIV positive status.
Had I been HIV negative, there would have been no basis for charges and
I would today still be serving my country.
Instead, I have been humiliated,
incarcerated, am required to register as a sex offender and my 26 year military
career is in tatters. After serving my
country for my entire adult life, I am today unemployed and, because of a
criminal record, virtually unemployable. Not because I committed any crime, but because
I have HIV.
