Published January, 1989
U.S. v. Woods, 28 M.J. 318 (CMA 1989)
This is a United States Court of Military Appeals decision reversing a trial judge's dismissal of charges against an officer, thus allowing the case to proceed to trial. The HIV-positive officer was charged with knowingly engaging in unprotected sexual intercourse with another person despite being aware that such sexual activity could transmit HIV.
The officer had received counseling regarding infecting others with HIV and had been informed that unprotected sexual intercourse was "prejudicial to good order and discipline in the armed forces." Citing National Treasury Employees Union v. Von Raab, the court states that the military and society at large have a compelling interest in ensuring that service members remain healthy and capable of performing their duty to defend the nation.
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