Will UCMJ evolve and join the 21st century regarding HIV servicemembers?

CAAF to hear HIV appeal

The US Court of Appeals for the Armed Forces (CAAF) will hear this case in the next few months - 
Will these 5 civilian judges, recognize the science and medical advancements of HIV?

"Really what this case is hoping to do is to get the Court of Appeals for the Armed Forces and every other military panel up to speed with what is going on with HIV today and to perhaps change those attitudes and mores," 

This case could very well lead to the end of HIV prosecutions in the US Armed Forces.

Different than the specific HIV statutes that exist in 32+ states in United States, the Uniform Code of Military Justice (UCMJ) does not have a specific HIV criminal article.
The U.S. Congress, which writes and authorizes the UCMJ, has never written a specific HIV related charge, but the services have continued to charge HIV "exposure" as an Aggravated Assault charge, as felony and sex offender registration related charge.

If Congress has not authorized the charge or any related language, then how can the services continue to charge and prosecute?

Regardless of any evidence at all, an allegation made by anyone in uniform can and normally is charged with a sex related assault.

The "normal" burden of proof and idea of criminal intent is literally ignored...Yes, ignored!

UCMJ has come under extreme scrutiny and rightfully so.

Rights afforded the accused have been taken away, rights to a full investigation do not exist rights to confront your accuser have been taken away...Rules of evidence have been erased...and it goes on and on...(my case being a prime example)

I, along with every volunteer to wear a uniform, swore an oath to "Support and Defend the Constitution..."   We gave up a "normal" life and gave our lives to defend our Country, and in doing so, I trusted my Army and Nation to protect me.

UCMJ is not justice - UCMJ has become a "political pinata" at the expense of the men and women who volunteer to serve their Nation.

I can only hope that the CAAF will recognize not just the science and medical advancements, but the Law surrounding HIV and put an end to this fear based, discriminating practise.