THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, April 12, 1996 TAG: 9604120614
SECTION: FRONT PAGE: A2 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: WASHINGTON LENGTH: Medium: 59 lines
Facing a legal challenge to collecting DNA samples, the Pentagon says military personnel who fear ``genetic discrimination'' may have their specimens destroyed once they complete their service.
The decision, outlined in a memo released Thursday, comes as two Marines face court martial for refusing to submit to DNA testing and as a study suggests nearly 50 percent of people with genes that could lead to disease have experienced discrimination by insurers, employers and others.
``Our study clearly demonstrates that genetic discrimination exists,'' said Stanford University's Dr. Paul Billings, co-author of the survey.
Insurance groups attacked the study, saying it was based on anecdotes of people surveyed from within support groups for genetic diseases.
``We do not support policies or practices by which any person is singled out because of the results of any medical tests of genetic information,'' said Richard Coorsh of the Health Insurance Association of America.
Still, 11 states have passed laws making it a crime for insurers or employers to discriminate against someone because of their genetic makeup. Twenty states and Congress are considering such legislation as scientific breakthroughs make it easier to identify genes that can cause everything from breast cancer to Huntington's disease.
Rep. Joseph P. Kennedy II, D-Mass., a sponsor of one of the bills, said the Pentagon policy changes ``go a long way toward addressing'' concerns he had raised earlier this year in a letter to Defense Secretary William Perry.
The Defense Department said its decision to give personnel more control over their DNA samples stems from concern that information could be used improperly.
The Pentagon has been collecting samples of deoxyribonucleic acid, or DNA, from military personnel and civil servants since 1993 for the purpose of ``remains identification.'' Specimens were to be stored after 75 years.
Under the refined policy:
Samples routinely will be stored 50 years.
Individual specimens will be destroyed within 180 days upon the request of the donor after completion of their military service.
The release of DNA samples will be limited to: identification of remains; by consent of the donor or surviving next-of-kin; by judicial order; by request of the assistant secretary of defense if the Pentagon counsel approves; and if required by law, such as for investigation or prosecution of a crime.
The memo doesn't offer much comfort to Lance Cpl. John Mayfield II and Cpl. Joseph Vlacovsky, two Marines serving in Honolulu who face court martial Monday for separately refusing to submit to DNA testing last year.
They feared what might be done with the samples. Their attorney, Eric Seitz, sought an injunction against the specimen program, but it was denied and the case is pending before the 9th U.S. Circuit Court of Appeals. by CNB