Should being HIV-positive AND having unprotected sex, when ordered not to, be punishable under the UCMJ?

CPO Carrillo I am not sure, but it seems from your question that you are implying that it is not against UCMJ. Are you thinking that it should be OK to disobey a lawful order? Does the Navy now not obey lawful orders? Your question does seem like nonsense when viewed from that perspective. From the time that I first became a 1SG in 1992 I have had HIV positive soldiers in my units. Some Commanders told me about them after swearing me to secrecy others kept it from me until forced by circumstances to tell me. The first guy got all those orders about no unprotected sex, he must inform his sexual partners before having sex etc. After having got those orders he infected five women. In those days it was still a death sentence to be HIV positive. He was court marshaled and got a hefty sentence in Fort Leavenworth of 35 years. Almost every unit after that I had at least one HIV positive soldier infected someone and got serious UCMJ actions. I fear that HIV positive military personnel are in higher numbers than you or even I know for sure. So yes it should be against UCMJ to continue good order and discipline in the military.

It is the same as 2nd degree murder.

Yes. He can be charged with aggravated assault. By knowing he had HIV and knowing what HIV can lead to, it can be argued that he intended to cause grievous bodily harm.

What the hell is the military doing with HIV+ servicemen on active duty? Damn, I'm glad I retired.

Absolutely. It is aggravated assault plain and simple. If he had to be ordered to stop having unprotected sex, why is he still wearing a uniform. It's disgusting.

Honestly, I'm confused why this is even a question. This guy is ten shades of wrong. He has no respect for anyone but himself and no place in my military. Start the paperwork, Top!

While the focus of the article is on whether Aggravated Assault charges can stick, the commander's order appears to be lawful. So even if the court decides it is not aggravated assault, he would still face the disobeyal charges.

Personally I think that the guy should be castrated.

Depending who and where you had sex it could cause an OPREP-3 (Incident Likely to cause Political Repercussions for the US Overseas). Yeah, If You have been Diagnosed and did this knowingly, Yep.

If you knowingly have unprotected sex with HIV, you are basically transmitting a communicable disease willingly. To me, that is tantamount to attempted murder. If you willingly go against your commanders orders on this, be prepared for a courts Martial.