Pentagon Pauses Training for HIV-Positive Enlistees Amid Pending Appeals Court Ruling on Enlistment Ban

The U.S. Military Entrance Processing Command issued guidance on January 16, 2026, directing officials to "pause shipping any HIV+ applicants and will follow-up in the coming weeks," effectively halting initial training for recruits living with HIV while awaiting a ruling from the U.S. Court of Appeals for the Fourth Circuit.

This pause stems from ongoing litigation in Wilkins v. Austin, a lawsuit filed in November 2022 by Lambda Legal on behalf of three plaintiffs living with HIV who were denied enlistment: Isaiah Wilkins, a Black gay man seeking to join the Army; Carol Coe, a transgender Latina lesbian using a pseudonym who wants to reenlist after discharge; and Natalie Noe, a straight woman using a pseudonym aiming to enlist. In August 2024, a federal district court ruled in their favor, striking down the Department of Defense policy barring asymptomatic HIV-positive individuals with undetectable viral loads from enlisting, deeming it a violation of the Fifth Amendment's equal protection clause and the Administrative Procedure Act.

The court found the ban "irrational, discriminatory, arbitrary, and capricious," noting it adds to stigma against people living with HIV while impeding the military's recruitment efforts amid broader shortages. This built on prior victories, including 2022 rulings in Harrison v. Austin and Roe & Voe v. Austin, which ended restrictions on commissioning and retaining HIV-positive service members with undetectable viral loads who pose no transmission risk.

The Fourth Circuit's recent pause of the district court ruling has prompted the Pentagon's action, with a final decision expected in coming weeks. Recruits affected by the pause face uncertainty, including delayed deployments without explanation, leaving some in emotional distress.

LGBTQ+ advocates and organizations supporting people living with HIV have condemned the move. On January 22, 2026, the Modern Military Association of America, which advocates for LGBTQ+ service members, veterans, and families, called on the Department of Defense to reverse the pause, stating: "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."

Reggie Dunbar II, founder and CEO of Poz Military & Veterans USA INTL and a veteran living with HIV, described widespread confusion among ranks, with some service members concealing their status "almost like they're in a little hush-hush group." He noted one acquaintance's deployment postponed to October without notice, placing him in a "strange mental place." Dunbar warned the policy could indirectly target transgender service members or active-duty personnel living with HIV, calling it a "backdoor way" to broader restrictions.

This development occurs against a backdrop of policy shifts affecting LGBTQ+ troops, including a federal appeals court upholding a ban on transgender people serving and denials of retirement benefits for some trans service members. Modern Military continues advocating for enlistment access for people living with HIV, emphasizing medical advancements that render viral suppression routine and transmission risks negligible.

The Department of Defense has not issued a final policy update, referring inquiries to the Department of Justice, which in turn points back to the Pentagon. Advocates urge alignment with current science, arguing exclusionary rules based on outdated fears undermine equality and readiness.