[Congressional Record Volume 142, Number 39 (Wednesday, March 20, 1996)]
[Senate]
[Pages S2417-S2418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     REPEAL OF MANDATORY DISCHARGE OF ARMED FORCES MEMBERS WITH HIV

  Mr. KENNEDY. Mr. President, I am especially gratified that the Senate 
voted yesterday for fairness and against bigotry by repealing the 
provision in the recent Department of Defense Authorization Act 
requiring the mandatory discharge of members of the Armed Forces who 
are HIV-positive.
  Yesterday's Senate action clearly demonstrates that this misguided 
policy's days on the statute books are numbered. The Senate looked at 
the facts and listened to the Nation's military and medical leaders, 
and not a single Senator was willing to defend the mandatory discharge 
provision.
  The reality is that military personnel with HIV are serving their 
country effectively and should be allowed to continue to serve. They 
may not be fighting on the frontlines, but they are still dedicating 
themselves to serving our country.
  A few examples prove the point. One of the persons affected is a 
senior enlisted man in the Navy. He is a gulf war veteran who has 
served over 17 years. During that time, he has earned numerous 
decorations, including two Navy Achievement Medals and four Good 
Conduct Medals. Yet under current law, this sailor will be discharged 
before receiving the retirement he worked so hard and honorably to 
earn.
  Another affected service member is an Army sergeant. This soldier has 
served for over 15 years, receiving outstanding evaluations and a 
chest-full of medals. He fears for the fate of his wife and newborn 
child if he is dismissed from the service before his retirement.
  Another member of the Armed Forces, a Navy woman, has served for 7 
years, consistently receiving top evaluations.
  It is fundamentally unfair that these and hundreds of other 
productive service members will all have their careers cut short for no 
valid reason.
  Magic Johnson has not served in the military. But he is living with 
HIV. He has shown America that people with HIV do not have to sit on 
the bench. They can participate, and even be stars. In a recent article 
in the Los Angeles Times, Mr. Johnson appealed to us to give the same 
opportunity to service members with HIV that his fellow athletes gave 
him. He wrote:

       Service members with HIV are in the Army, Navy, Air Force, 
     and Marines. They are shipbuilders, military police, 
     trainers, recruiters, sonar technicians, communications 
     specialists, engineers, researchers, administrators, and 
     more. They are American men and women who want to work hard 
     and be part of the toughest military in the world. They live 
     to serve--and they shouldn't be a casualty of prejudice. They 
     deserve better. America deserves better.

  Magic Johnson is right. The DOD Authorization Act is wrong. As a 
result of yesterday's overwhelming Senate vote, we are a major step 
closer to ending this unacceptable discrimination

[[Page S2418]]

against dedicated members of the Armed Forces. I urge the House of 
Representatives to accept our repeal of this disgraceful provision.

                          ____________________