
Associated Press - January 19, 1986
Federal District Judge Louis F. Oberdorfer said the Navy could not discharge the recruits for at least 10 days.
However, in his 11-page opinion he said it was unlikely the honorable discharge of the men would be found "arbitrary and capricious or in violation of constitutional requirements."
He said the Pentagon's new policy of testing recruits for antibodies to the virus associated with acquired immune deficiency syndrome and the military's refusal to accept those for whom test results were positive "does not appear, on the record to date, to be irrational."
The blood test does not indicate that a person has the deadly disease that destroys the body's immune system or that a person will get it.
In arguments Friday, the Government announced that Navy Scretary John F. Lehman Jr. had agreed to honorable discharges for the 11 recruits, instead of classifying them as "administratively separated" from the service.
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