United States v. Sargeant

OPINION OF THE COURT

GIUNTINI, Judge:

At his general court-martial, the appellant pleaded guilty to, among other offenses, two specifications of willful disobedience of a lawful order from his commander in violation of Article 90, Uniform Code of Military Justice, 10 U.S.C. § 890 (1982) [hereinafter UCMJ]. The order directed certain “safe-sex” practices because the appellant had been diagnosed as being infected with the Human Immunodeficiency Virus (HIV).1 He was sentenced by a panel of officer and enlisted members to a dishonorable discharge, confinement for nine years, forfeiture of all pay…