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The short version: The April 2022 Harrison and Roe injunctions prohibited categorical HIV-based deployment restrictions for asymptomatic service members with undetectable viral loads, and discharge or denial of commissioning based on those restrictions. DOJ announced it would not seek further review. The June 6, 2022 Secretary of Defense memorandum and amended DoDI 6485.01 implement protections for covered personnel. Other fitness and qualification requirements still apply.12
Accession needs a current, branch-specific check. The underlying medical standard lists HIV, but later orders and exceptions affect its application. In Wilkins, the Fourth Circuit granted rehearing en banc on May 18, 2026, vacating the February panel opinion; on June 25 it stayed the 2024 injunction beyond the three individual plaintiffs while the appeal proceeds. The Coast Guard separately published an accession exception on July 13. Do not assume a blanket ban or guaranteed eligibility from HIV status alone.[8][9]3
VA describes itself as the largest single provider of HIV care in the United States. Its Office of Rural Health reports 31,769 veterans with HIV in VHA care at the end of FY2025. VA enrollment has separate service, discharge, and other eligibility rules.[11]4
If you were discharged for HIV before April 2022: You may have grounds to request a discharge upgrade or correction of records. Contact Lambda Legal or a veterans service organization for a case review. The Harrison plaintiffs were represented by Lambda Legal and Winston & Strawn.
What changed in 2022 — before and after
Deployment ban
Service members living with HIV were presumptively barred from deployment to CENTCOM (the Middle East/Central Asia area of responsibility), regardless of viral load.
No categorical bar
Asymptomatic, virally suppressed service members cannot be categorically excluded from deployment based on HIV status alone. Individualized medical assessment is required.
Discharge tied to deployment restrictions
The Roe plaintiffs faced discharge based on HIV-related deployment restrictions even though they were asymptomatic with undetectable viral loads.[1]
Retention
Covered asymptomatic members with confirmed viral suppression cannot be discharged solely because they have HIV. Continued-service fitness is assessed individually.[2]
Commissioning bar
Enlisted service members living with HIV (e.g., the Harrison plaintiff, a D.C. National Guard sergeant) were categorically barred from commissioning as officers.
Commissioning open
For covered current service members, HIV status alone is not a bar to commissioning; other qualification requirements still apply.[2]
If you are currently serving
- Get care through your military treatment facility. A positive test should lead to confirmatory evaluation and treatment. HIV alone does not automatically end the career of a member covered by the updated policy.[2]
- Start or continue ART with your HIV clinician. Treatment protects your health and helps achieve and maintain viral suppression; the service-policy protections described here apply to covered asymptomatic, suppressed personnel.[2]
- Know the updated policy. Ask your medical or legal office for DoDI 6485.01 and the June 6, 2022 Secretary of Defense memorandum. Seek legal advice if an adverse action appears based on HIV alone.[2]
- Legal help. A military legal-assistance office or civilian attorney familiar with military HIV policy can assess your circumstances. Lambda Legal litigated Harrison and Wilkins; contact its help desk about assistance or referrals. Representation depends on the case and available resources.
- Confidentiality. HIV information is protected, but the military-command exception permits certain disclosures needed for fitness, assignment, or mission decisions. Ask the treatment facility privacy officer what may be shared and with whom.[10]
If you are trying to enlist or commission
As checked September 20, 2026: accession rules cannot be read from DoDI 6130.03 alone. Wilkins challenged first-time accession restrictions; the en banc court heard argument on September 14, and its published case list does not yet show an en banc decision. The June 25 partial stay is an interim order, not a final ruling on the merits. The Coast Guard’s July 13 bulletin describes a temporary exception for asymptomatic applicants with confirmed suppression, additional clinical documentation, and an expiration date of July 13, 2027. Check the latest orders and your branch’s written implementing policy before relying on any exception.[8][9][14]3
What you can do:
- Ask which written policy applies. Request the current accession standard, any exception, required documentation, and review route from the recruiter or medical processing office. Do not assume HIV can be handled through an ordinary discretionary waiver.[3][9]
- ROTC and service academies. Ask the program which accession and commissioning rules apply to your situation, including any current court order or policy exception. Existing-member commissioning and first-time accession are not interchangeable.[2][8]
- Civilian federal service. Section 501 of the Rehabilitation Act protects qualified federal applicants and employees against disability discrimination, including HIV discrimination. Applicants must still meet lawful job requirements, with reasonable accommodation where required.[13]
- Follow the case and get individual advice. Use the court’s Wilkins case record and Lambda Legal’s case materials, together with the applicable branch policy. Older summaries may predate a new order.[7]
Veterans, discharge review, and VA care
VA is the largest HIV care provider in the U.S.
VA reported 31,769 veterans with HIV in care at the end of FY2025. For enrolled veterans, HIV treatment is available through VA; medication and visit copays depend on service connection, priority group, income, and other exemptions. An HIV diagnosis does not itself make every prescription free. See HIV & veterans.[12]4
If you were discharged because of HIV before 2022
You can apply for a discharge upgrade or correction if you believe your discharge or record was unjust or incorrect. HIV-related cases require individual review; Harrison does not automatically change an earlier discharge. VA’s guide helps identify the appropriate board, and an accredited representative can help prepare evidence. A VA Character of Discharge review is a separate benefits process and does not change the DD214.5
PrEP is available to service members and veterans
TRICARE describes coverage for daily oral HIV PrEP, and VA offers PrEP to veterans using VA health care. An eligible person without HIV can ask a clinician about an appropriate regimen, required testing, and coverage. See PrEP options.6
Timeline — the road to Harrison
2013 DoDI 6485.01 issued
DoDI 6485.01 sets policy for HIV surveillance and management in service members; its later 2022 amendment changes key service restrictions.[2]
2018 Harrison and Roe cases filed
Lambda Legal files Harrison v. Mattis and Roe v. Shanahan (later renamed Harrison v. Austin and Roe v. Austin) in E.D. Va.
2020 Roe preliminary injunction affirmed
The Fourth Circuit affirmed the preliminary injunction in Roe, addressing HIV-related deployment restrictions.[1]
April 6, 2022 District court ruling
Judge Leonie Brinkema grants summary judgment to plaintiffs. DoD deployment and commissioning bars for asymptomatic virally suppressed service members ruled unconstitutional and unlawful under APA.
June 6, 2022 DoJ declines to appeal
Solicitor General Elizabeth Prelogar informs Congress that DOJ will not seek further review, explaining that DoD has modified the challenged policies.[1]
June 2022 DoD implements
The Secretary of Defense issues a policy memorandum; DoDI 6485.01 is amended on June 6, 2022.[2]
August 20, 2024 Wilkins accession injunction
A district court enjoined HIV-based accession restrictions for asymptomatic people with undetectable viral loads. Subsequent appellate orders changed the scope of that relief.[8]
Questions people ask
Does Harrison apply to all branches?
The 2022 cases addressed DoD policies. The Coast Guard generally operates under DHS and issues its own implementation guidance, including its July 2026 accession bulletin. Guard, Reserve, active-service, and applicant situations may differ; ask for the policy applicable to your branch and status.[2][9]
What about undetectable status — is that a requirement?
The 2022 protections concern covered asymptomatic service members with undetectable viral loads. Accession exceptions may specify additional documentation; for example, the Coast Guard bulletin sets a suppression history, CD4 criteria, and treatment-adherence requirements. Let the treating clinician and reviewing medical authority assess those requirements.[2][9]
Can a foreign country still bar me because of HIV?
Yes — and this is a separate question from U.S. military policy. Some destination countries have HIV entry restrictions. See HIV & travel for country-by-country details.
Where do I go for legal help?
Start with a military legal-assistance office or an attorney experienced in military HIV policy. Lambda Legal’s help desk may offer information or referrals; no organization can guarantee representation in every case.
Is HIV status shared with my commander?
HIV information is protected, but it may be disclosed to appropriate command authorities for authorized military purposes under the military-command exception. Disclosures should be limited to the minimum necessary. This does not make your diagnosis general workplace information; ask the MTF privacy officer about the specific rules and records of disclosure.[10]
References & Sources
DOJ and Fourth Circuit records, DoD and Coast Guard policy, VA, TRICARE, and EEOC.
- U.S. Department of Justice. Letter re: Harrison v. Austin and Roe v. Austin — decision not to seek further review. June 6, 2022. justice.gov — official DoJ notification ↵
- Department of Defense. DoDI 6485.01, HIV in Military Service Members; amended June 6, 2022; references the Secretary of Defense memorandum of the same date. Source. ↵
- Department of Defense Instruction 6130.03, Volume 1, Medical Standards for Military Service: Appointment, Enlistment, or Induction. esd.whs.mil — DoDI accession standards ↵ ↵
- VA Office of Rural Health. HIV Telehealth Collaborative Care; FY2025 veteran counts. Source. ↵↵
- VA. How to apply for a discharge upgrade or correction; separate Character of Discharge process. Source. ↵
- TRICARE. Learn How To Prevent Sexually Transmitted Infections (June 27, 2024); includes daily oral PrEP coverage. Source. Also VA PrEP availability for enrolled veterans. ↵
- Fourth Circuit. Wilkins v. Hegseth, No. 24-2079: order granting rehearing en banc, May 18, 2026. Source. ↩
- Fourth Circuit. Wilkins v. Hegseth: June 25, 2026 partial-stay order. Stay beyond the three individual plaintiffs; rehearing vacated the prior panel opinion. Source. Checked September 20, 2026. ↩
- U.S. Coast Guard. ALCOAST 217/26, July 13, 2026: temporary HIV accession exception and clinical documentation requirements; stated expiration July 13, 2027. Source. Checked September 20, 2026. ↩
- Defense Health Agency. Military Command Exception frequently asked questions. Source. Checked September 20, 2026. ↩
- VA. Health-care enrollment eligibility. Source. Checked September 20, 2026. ↩
- VA. Current health-care and medication copay rules. Source. Checked September 20, 2026. ↩
- EEOC. HIV/AIDS and employment discrimination; Section 501 federal workforce protections. Source. Checked September 20, 2026. ↩
- Fourth Circuit. En banc case list: Wilkins argument September 14, 2026; no en banc decision listed when checked September 20. Source. Checked September 20, 2026. ↩