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32 C.F.R. § 58.4   Policy.

Title 32 - National Defense

Title 32: National Defense
PART 58—HUMAN IMMUNODEFICIENCY VIRUS (HIV–1)

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§ 58.4   Policy.

It is DoD policy to:

(a) Deny eligibility for appointment or enlistment for Military Service to individuals with serologic evidence of HIV–1 infection.

(b) Screen active duty (AD) and Reserve component military personnel periodically for serologic evidence of HIV–1 infection.

(c) Refer AD personnel with serologic evidence of HIV–1 infection for a medical evaluation of fitness for continued service in the same manner as personnel with other progressive illnesses, as specified in DoD Directive 1332.18.¹ Medical evaluation shall be conducted in accordance with the standard clinical protocol, as described in the Standard Clinical Protocol.² Individuals with serologic evidence of HIV–1 infection who are fit for duty shall not be retired or separated solely on the basis of serologic evidence of HIV–1 infection. AD personnel with serological evidence of HIV–1 infection or who are ELISA repeatedly reactive, but WB negative or indeterminate, shall be advised to refrain from donating blood.

¹ Copies may be obtained at cost, from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161.

² Forward requests for copies to the Office of the Assistant Secretary of Defense (Health Affairs), the Pentagon, Washington, DC 20301–1200.

(d) Deny eligibility for extended AD (duty for a period of more than 30 days) to those Reserve component members with serologic evidence of HIV–1 infection (except under conditions of mobilization and on the decision of the Secretary of the Military Department concerned). Reserve component members who are not on extended AD or who are not on extended full-time National Guard duty, and who show serologic evidence of HIV–1 infection, shall be transferred involuntarily to the Standby Reserve only if they cannot be utilized in the Selected Reserve.

(e) Retire or separate AD or Reserve Service members infected with HIV–1 who are determined to be unfit for further duty, as implemented in DoD Directive 1332.18.

(f) Ensure the safety of the blood supply through policies of the Head of the Armed Services Blood Program Office, the FDA guidelines, and the accreditation requirements of the Head of the American Association of Blood Banks.

(g) Comply with applicable statutory limitations on the use of the information obtained from a Service member during, or as a result of, an epidemiologic assessment interview and the results obtained from laboratory tests for HIV–1, as provided in this part.

(h) Control transmission of HIV–1 through an aggressive disease surveillance and health education program.

(i) Provide education and voluntary HIV–1 serologic screening for DoD healthcare beneficiaries (other than Service members).

(j) Comply with host-nation requirements for HIV–1 screening of DoD civilian employees, as described in appendix B to this part.

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