The U.S. Court of Appeals for the Armed Forces will hear arguments next month in the appeal of Kansas Airman David Gutierrez.
Gutierrez has been convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita.
In 2011, when he was sentenced to eight years in prison and stripped of his rank for aggravated assault, he'd been serving as a sergeant at McConnell Air Force Base.
The court will now consider whether the evidence supports his adultery conviction, since his wife participated in a swinger's lifestyle with him.
Defense attorney Kevin McDermott says in a statement the case has the potential to affect HIV testing and prosecution in the military.
The court has set arguments for Dec. 16
