Darksheare, it may be “hushed up” in the sense that it isn’t announced to the world, and the service member isn’t kicked out, but HIPAA privacy rules are not absolute... An HIV+ service member is absolutely precluded from being deployed outside the continental U.S.
Little jeremiah, thanks for the info, but I wasn’t commenting on the desirability of repealing DADT. Obviously testing is not a panacea (window periods and such), and “men who have sex with men” (as the CDC calls them) are of course at much higher risk.
I was commenting only the notion that medical privacy rules would mean HIV+ service members (straight or gay) cannot be kept off the battlefield.
http://www.militarydefense.com/docs/decision_vermont_ntl_guard.pdf
http://williamcassara.com/discharge.html
“Mr. Cassara represented an Army E-4 who was discharged from the South Carolina National Guard for being HIV positive. Mr. Cassara petitioned the Army Board for Correction of Military Records on the soldier’s behalf, arguing that the discharge was illegal because the National Guard failed to follow established regulations on treatment of HIV positive soldiers. Mr. Cassara provided the Board with medical documentation proving that the soldier’s status did not interfere with his military duties and that he was still able to serve. The Army Board agreed, and determined the soldier was illegally discharged. Decision allows the soldier to be reinstated with back pay and to continue to serve.”
http://www.militarydefense.com/military_law_cases.php
In December 2007, Mr. Sheldon successfully defended a Navy Chaplain convicted of forcible sodomy and aggravated assault (having unprotected sex with another male without disclosing his HIV status). The Navy Chaplain was sentenced to 12 years in the brig, but Mr. Sheldon had negotiated a plea agreement that capped confinement at 24 months.
The chaplain above was HIV positive...
In the airforce, HIV status falls under “misconduct” as follows:
http://milcom.jag.af.mil/ch06/reasons.doc
— Having human immunodeficiency virus (HIV) and not complying with lawfully ordered preventive medicine procedures (e.g., safe sex order)
-— Airmen approved for discharge for having HIV and not complying with lawfully ordered preventive medicine procedures are not eligible for probation and rehabilitation
You got that the Health Infomation Privacy Act was used to keep HIV positive people in uniform, right?