One of the most common questions I hear from servicemembers living with HIV is: “Do I have to tell my new commander?” The short answer is no. You are under no obligation to walk into a new unit and disclose your status to your commander. That is the military’s job. If they want to know your status, they can get it through official medical channels — not by putting you in the uncomfortable position of volunteering it.
Your medical information is protected, and while the military has more latitude than civilian employers in certain areas, that doesn’t mean you lose your right to privacy. Your obligation is to be truthful with your medical providers in a private, one-on-one setting. From there, it’s on the system to notify your commander as required.
Why This Matters to Me
When I was first diagnosed with HIV, I went to the nearest base to see a provider. I never even made it past the front desk. The receptionist, in front of everyone in the waiting area, demanded to know why I wanted to be seen. When I said I would discuss it with the provider, she told me I wouldn’t be allowed back unless I told her right there.
I asked to see the patient advocate. When I finally got into his office, I explained that I had just received results indicating I was HIV-positive. He began the process of figuring out who I needed to see. Because my nearest base was an Air Force installation, my diagnosis went all the way up their chain to D.C. and then back down to the Oklahoma National Guard.
That’s when my brigade readiness officer — the best person I have ever dealt with in the military about this issue — called me. She told me very directly: “Don’t put it on any forms. Don’t go out of your way to tell anyone. It’s not their business. Let the military handle the notifications.”
Why She Told Me That
At my brigade, only a handful of people had access to this information. It was handled entirely at the brigade level. This wasn’t about hiding it from the commander indefinitely — if my commander needed to know, they would be told. But it wasn’t something that was broadcast to the entire chain of command or passed around like casual gossip.
That was a deliberate choice. Some units handle it differently, and unfortunately, not always as professionally. I have seen units where a soldier’s status gets shared far more broadly than necessary, sometimes in a way that borders on harassment. By controlling the flow of information, my brigade was protecting both my privacy and my dignity.
The Reality of Medical Privacy in the Military
The military has a long way to go when it comes to medical privacy. Too often, servicemembers overhear medical staff discussing other people’s conditions, or find their information casually passed around. When I went to the state surgeon’s office for a confirmatory test, the nurse — who said she’d been dealing with HIV patients for decades — spoke to me as though I had a death sentence. She told me I could serve “as long as you can” and that when I got sick, they would take me off duty.
That nurse never saw another HIV-positive servicemember again after my brigade readiness officer intervened. But her comments illustrate how outdated attitudes and a lack of understanding can turn a private medical matter into a source of stigma.
The Undetectable Factor — U=U
Today, HIV treatment is so effective that most people reach “undetectable” viral levels within a few weeks of starting medication and stay there on a single pill a day. Being undetectable means the virus can’t be transmitted to others — the principle known as U=U (“Undetectable = Untransmittable”). In other words, HIV is a completely manageable condition, and for servicemembers who are on treatment, there is no operational or health risk to others.
That reality makes it even more important that disclosure decisions remain with the servicemember, limited to those who need to know, and handled through proper channels.
When You Should Tell Your Commander
If your commander asks you directly about your HIV status, you should answer honestly. Lying to your commander is a separate issue — one that could cause far greater problems than the status itself. But until that question is asked, or until the military’s own notification process informs them, you are not required to initiate that conversation.
The military already has the means to track your status, and if they believe your commander needs to know, they will make that happen through medical channels. That’s their responsibility — not yours.
My Advice to Servicemembers
If you are living with HIV in the military:
-
Be honest with your providers. They are the ones responsible for making sure your commander is informed when required.
-
Protect your privacy. You do not need to volunteer information unless asked.
-
Know your rights. While the military is different from civilian workplaces, you still have a right to keep your medical information limited to those who need it.
-
Seek guidance. If you’re unsure, talk to a JAG officer, a patient advocate, or a trusted readiness officer before making disclosures.
My face has been everywhere on this issue because of the litigation I’ve been involved in. I’ve spoken publicly about my status because I believe in challenging stigma. But no servicemember should be pressured into doing the same.
How and when you share your status (and with whom) should always be your decision, unless the rules require otherwise. The system has an obligation to protect your privacy. If they want to track your status, that’s on them. You serve your country; they owe you that respect.
About the Author: Nick Harrison is the founding attorney of Harrison-Stein PLLC, a Washington DC–based firm focused on military law, LGBTQ+ advocacy, and civil litigation. A Judge Advocate in the D.C. National Guard, he has spent more than 25 years in uniform and has been a nationally recognized advocate for ending discriminatory HIV policies in the military.
