‘‘§ 1177. Members infected with HIV–1 virus: manda-
tory discharge or retirement
‘‘(a) MANDATORY SEPARATION.—(1) A member of
the Army, Navy, Air Force, or Marine Corps who is HIV-
positive shall be separated. Such separation shall be made
on a date determined by the Secretary concerned, which
shall be as soon as practicable after the date on which
the determination is made that the member is HIV-posi-
tive and not later than the last day of the second month
beginning after such date.
‘‘(b) FORM OF SEPARATION.—If a member to be sep-
arated under this section is eligible to retire under any
provision of law or to be transferred to the Fleet Reserve
or Fleet Marine Corps Reserve, the member shall be so
retired or so transferred. Otherwise, the member shall be
retired under section 1201 or 1204 of this title, as applica-
ble to that member, with a disability rating of 30 percent
(unless the member is otherwise entitled to a higher rat-
ing) and with the member deemed to have met all other
requirements for retirement under that section. The char-
acterization of the service of the member shall be deter-
mined without regard to the determination that the mem-
ber is HIV-positive.
‘‘(c) DEFERRAL
OF SEPARATION
FOR MEMBERS
WITHIN FIVE YEARS OF RETIREMENT ELIGIBILITY.—In
the case of a member to be retired under section 1201
or 1204 of this title pursuant to the second sentence of
subsection (b) who on the date on which the member is
to be so retired is within five years of qualifying for retire-
ment under any other provision of law, or of qualifying
for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may,
as determined by the Secretary concerned, be retained on
active duty until the member is so qualified for retirement
or transfer to the Fleet Reserve or Fleet Marine Corps
Reserve, as the case may be, and then be so retired or
transferred, unless the member is sooner retired or dis-
charged under any other provision of law.
‘‘(d) SEPARATION TO BE CONSIDERED INVOLUN-
TARY.—A separation under this section shall be consid-
ered to be an involuntary separation for purposes of any
other provision of law.
‘‘(e) COUNSELING
ABOUT
AVAILABLE
MEDICAL
CARE.—A member to be separated under this section shall
be provided information, in writing, before such separation
of the available medical care (through the Department of
Veterans Affairs and otherwise) to treat the member’s
condition. Such information shall include identification of
specific medical locations near the member’s home of
record or point of discharge at which the member may
seek necessary medical care.
‘‘(f) HIV-POSITIVE MEMBERS.—A member shall be
considered to be HIV-positive for purposes of this section
if there is serologic evidence that the member is infected
with the virus known as Human Immunodeficiency Virus–
1 (HIV–1), the virus most commonly associated with the
acquired immune deficiency syndrome (AIDS) in the Unit-
ed States. Such serologic evidence shall be considered to
exist if there is a reactive result given by an enzyme-linked
immunosorbent assay (ELISA) serologic test that is con-
firmed by a reactive and diagnostic immunoelectrophoresis
test (Western blot) on two separate samples. Any such se-
rologic test must be one that is approved by the Food and
Drug Administration.’’.
(2) The table of sections at the beginning of chapter
59 of such title is amended by inserting after the item
relating to section 1176 the following new item:
‘‘1177. Members infected with HIV–1 virus: mandatory discharge or retire-
ment.’’.
(b) EFFECTIVE DATE.—Section 1177 of title 10,
United States Code, as added by subsection (a), applies
with respect to members of the Army, Navy, Air Force,
and Marine Corps determined to be HIV-positive before,
on, or after the date of the enactment of this Act. In the
case of a member of the Army, Navy, Air Force, or Marine
Corps determined to be HIV-positive before such date, the
deadline for separation of the member under subsection
(a) of such section shall be determined from the date of
the enactment of this Act (rather than from the date of
such determination), except that no such member shall be
separated by reason of such section (without the consent
of the member) before October 1, 1996.
Æ