Las Vegas Review-Journal

OVER THE PAST FEW DECADES, POLICY HAS CHANGED LITTLE

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on unfounded fears that doesn’t recognize all the advances we’ve made,” said Scott Schoettes, one of the lawyers representi­ng the sergeant.

The Defense Department declined to comment on the lawsuit, but in a statement said its policies on HIV are “evidence-based, medically accurate, and are reviewed regularly and updated as practices, guidelines, and standards of care evolve.”

The military has long disqualifi­ed recruits for a broad range of medical conditions that could impact performanc­e, including bad knees, heel spurs, diabetes and even peanut allergies. But it also regularly grants waivers for people who can show their condition will not affect their duties or pose a hazard to other troops.

HIV was added to the list of disqualify­ing conditions in 1985 as the military scrambled to control the spread of the disease during the peak of the AIDS crisis. That year, the military began regularly testing all troops. Those who tested positive were sidelined. Pilots were grounded. Leaders were pulled out of command positions. On one Army post in Texas, Hiv-positive troops were quarantine­d in barracks that soldiers quickly began calling “the leper colony.”

“Anyone who tested positive stayed in the military, and we treated them. It was seen as the compassion­ate thing to do,” said Dr. Craig Hendrix, an infectious disease specialist at Johns Hopkins University who ran the Air Force’s HIV monitoring program for most of the 1990s. “But the expectatio­n was that they would soon become too sick to perform their duties and be medically discharged. No one was expected to last long. At the time the best drugs would only buy a year or two.”

Hendrix, who has been out of the military for nearly 20 years, was surprised to hear that policy has changed little.

“It’s one of many, many conditions fully compatible with being on active duty,” he said. “I suspect there are a number of people in the military taking a pill each day for blood pressure or cholestero­l. This is hardly different.”

Advances in antiretrov­iral drugs have resolved most of the medical hurdles in treating HIV, if not the stigma, according to Marguerita Lightfoot, director

“Anyone who tested positive stayed in the military, and we treated them. It was seen as the compassion­ate thing to do. But the expectatio­n was that they would soon become too sick to perform their duties and be medically discharged. No one was expected to last long. At the time the best drugs would only buy a year or two.”

Dr. Craig Hendrix, an infectious disease specialist at Johns Hopkins University who ran the Air Force’s HIV monitoring program for most of the 1990s of the Center for AIDS Prevention Studies at the University of California, San Francisco.

“In the early days treatment was multiple pills, multiple times a day,” she said. “Often they had to be refrigerat­ed. Some were toxic, they made people sick. So maybe at one time the Army’s policy made sense.

“But now it’s so easy. And if properly treated, the virus is no longer a risk to the patient or others.”

In September, she noted, the Centers for Disease Control and Prevention announced that patients following a proper treatment plan, who have an undetectab­le level of virus in blood tests, pose “effectivel­y no risk” of transmitti­ng the virus to others.

“I work with doctors and nurses who are HIV positive and there is no risk to patients. I don’t see why it would be different in the Army,” Lightfoot said.

Today, policies differ within the military. The Navy allows sailors with HIV to serve on some large ships and overseas bases. The Army does not.

Harrison, 41, who now works as a civilian lawyer in the Washington area, grew up in a small town in Oklahoma and enlisted in 2000 as an airborne infantry soldier. After a stint stationed in Alaska, he moved to the National Guard and used his military benefits to attend college, then law school. His schooling was interrupte­d by deployment­s to Afghanista­n and Kuwait, where he earned medals for good conduct.

In 2012, with a law degree from the University of Oklahoma, he passed the Oklahoma bar exam. The National Guard then offered him a job as an Army lawyer in the Judge Advocate General’s Corps.

Around the same time, Harrison learned that he had contracted HIV through a sexual partner.

The sergeant was cleared medically to become an officer, and his leaders approved. But because the job would require him to leave his enlisted position and re-enter the Army as an officer, the policy barring new recruits with HIV prohibited the move.

“It makes no sense to me that they say I’m healthy enough to be an infantryma­n, but not a lawyer,” he said.

Harrison applied for a medical waiver in 2014, but was denied. He appealed to the Army’s head of personnel in 2015, then to the office of the secretary of defense in 2016. Both refused to give him an exception.

The lawsuit filed this week seeks to give the sergeant his commission as a captain and strike down current HIV policies affecting recruiting and deployment across the military.

“Logistical­ly, there is no problem. All my medical exams show I’m in top physical shape. I’ve had complete support from my units. My commanders signed off on the promotion,” Harrison said. “But up at the upper levels, the Pentagon, I get the feeling things are a little outdated.”

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