United States v. Perez

OPINION OF THE COURT

CREAN, Judge:

The appellant was tried by a military judge sitting as a special court-martial for aggravated assault and adultery, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 928 and 934 (1982) [hereinafter UCMJ]. He was found guilty of a lesser included offense, assault consummated by a battery, and the adultery. The convening authority approved the adjudged sentence of a bad-conduct discharge. This case involves the *1052issue of whether a soldier who has the Human Immunodeficiency Virus (hereinafter referred to as HIV), the viral agent…