Modern Military Calls on DoD to Reverse Pause on HIV-Positive Enlistments and Uphold Court Rulings

Statement from Modern Military Association of America

January 22, 2026

Over the weekend, the Department of Defense reported a decision to pause initial training for newly enlisted recruits who are HIV-positive, and to consider reinstating a categorical ban on their enlistment.

This decision is both deeply concerning and counter to decades of legal progress and the needs of our national security.

In 2024, the U.S. District Court struck down the last discriminatory policy barring individuals living with HIV from enlisting in the U.S. Armed Forces in Wilkins v. Austin, recognizing that modern medical science has transformed HIV into a manageable condition and that asymptomatic individuals with undetectable viral loads are fully capable of serving their country.  

The Modern Military Association of America proudly stood at the forefront of that fight, advocating tirelessly to ensure that all qualified Americans, regardless of HIV status, are judged on their merit, not outdated stigma about their diagnosis.  

The reported Pentagon pause, coming amid an appellate review of the Wilkins ruling, risks undermining this hard-won victory. Decisions about military service eligibility must be based on sound medical evidence and a commitment to equality, not fear or prejudice. HIV is not a barrier to competent service; with today’s treatments, people who are virally suppressed are not at risk of transmitting the virus and can serve effectively alongside their peers.  

We call on the Department of Defense and civilian leadership to:

• Respect the rule of law and uphold the Wilkins decision.
• Ensure that enlistment policy reflects current medical science and the proven capabilities of people living with HIV.
• Reject any reinstatement of discriminatory bans that would deny qualified recruits the opportunity to serve.

This recent development is a prime example of why codification of the right to serve is essential. So that the ability of an individual to serve in an all volunteer force is not hinged on politics or bias, but strictly on their ability and willingness to serve with honor and dignity.

Our military is strongest when it opens its doors to all who are willing and able to serve. We will continue to advocate for policies that uphold equality, strengthen readiness, and honor the service of all patriots.

Ashley Carothers

Executive Director

Modern Military Association of America