United States v. Upham

Chief Judge EFFRON delivered the opinion of the Court.

Appellant was charged with two offenses based on engaging in unprotected sexual intercourse with a fellow officer without informing her that he was infected with the Human Immunodeficiency Virus (HIV): aggravated assault, in violation of Article 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 928 (2000), and conduct unbecoming an officer and a gentleman, in violation of Article 133, UCMJ, 10 U.S.C. § 933 (2000). At a general court-martial composed of officer members, Appellant entered a plea of guilty to the conduct unbecoming an…