A student at Norwich University, a military college, is suing the Vermont National Guard after he was declared to be unfit for service because he tested positive for HIV.

The student is identified only as John Doe in the lawsuit. He was a sophomore at the Northfield, Vermont, military college when a test showed he was positive for HIV. Following his test results, the student details that he was let go from the Reserve Officers Training Corps and the Vermont Army National Guard.

According to the complaint, the student also details that he was told he could not qualify for scholarships through the ROTC program or have access to any benefits related to the military. Among these benefits include state tuition waivers and medical and dental insurance.

HIV is one of the many medical and health conditions that can disqualify an applicant from the armed forces. According to the Department of Defense’s regulations, individuals who test positive for HIV are automatically disqualified from enlisting in the services, enrolling as an ROTC scholarship cadet, or getting appointed as a commissioned officer.

In his lawsuit, the student alongside his lawyer Sophia Hall, argues that these antiquated policies should be addressed. Through their lawsuit, the pair make the case that the outdated policies observed by the military date back to a time when little information was known about the disease and how it was spread.

The lawsuit details, “A generation after they were first developed, the military’s policies are highly anachronistic and fail to reflect current medical reality. It goes on to explain, “Advances in medical treatment and prevention have transformed HIV from a progressive, terminal disease to a manageable condition.”

The lawsuit also brings up measures implemented by the U.S. Centers for Disease Control and Prevention. The student explains that because his HIV diagnosis is managed and he is not infectious, the termination of his military status was not just. Additionally, the student argues that his overall health was not considered when officials made the decision to disbar him from the military. He cites information from the U.S. Centers for Disease Control and Prevention which outlines modern medical advancements allowing those with HIV to live longer and healthier lives.

Hall, who works with the Lawyers for Civil Rights in Boston, details, “Given the state of medical science, it is clear that laws and policies that bar HIV-positive individuals from full participation are antiquated and discriminatory.” She goes on, “Our litigation opens a new frontier for the dreamers, those who have aspirations of a military career that they thought was lost because of these discriminatory policies.”

The lawsuit bears similar themes to a Virginia case in which a federal judge ruled earlier this year that service members who test positive for HIV could not be barred from becoming an officer or discharged from service just because of their diagnosis.

Through a statement provided by his lawyers, the student shared that he would like his lawsuit to reinstate his military standing so that he can follow in the footsteps of his family members who also served.