AIDS/HIV Diagnoses

If record indicates that service member was diagnosed as having AIDS or the HIV virus:

Request is from veteran, the NOK, or a Federal Routine User:

Furnish all relevant records.

HOWEVER, the Department of the Army has not provided any specific guidelines to this Center concerning these types of records.  The Army Reference Branch currently treats these records as “confidential.”

Request is from any other source (not listed above):

1. Use the following paragraph to deny all data relating to the illness:  “According to Federal Law, we are unable to comply with this request insofar as it pertains to certain records.  Regulations prescribe a specific form of release authorization which must state the SPECIFIC TYPE OF TREATMENT INVOLVED, and the purpose for which the records are needed.  If you will have (name of individual) complete, sign, and return the attached form, we will contact him/her regarding release authorization for those records, and consider your request further.”
2. Attach the “Preliminary Form for Release of Military Medical Patient Records” to response and return record to file.

3. When form is returned, send VETERAN/NOK the “Authorization for Release of Military Medical Patient Records”, annotating AIDS or HIV under “Specific Type of Treatment Involved”.  Return record to file.  Upon receipt of the authorization send records to requester.

   NOTE:  If veteran/NOK specifically authorizes the requester to receive copies of confidential information,then provide the information.

SPECIAL INSTRUCTIONS FOR NAVY AND MARINE CORPS RECORDS:

If record indicates that service member was diagnosed as having AIDS or the HIV virus, send record and request to Navy Medical Liaison Officer for OK to release.

Source:  NRPC 1865.103 and NRPM Memo 7/29/91