Consensual Homosexual Conduct, in Certain Circumstances, as “Conduct Unbecoming an Officer and a Gentleman”: By Eugene Volokh on June 3, 2009 7:01 pm An interesting decision of the U.S. Air Force Court of Criminal Appeals (U.S. v. Harvey), handed down two months ago but just now appearing on Westlaw: In [U.S. v. Marcum], C.A.A.F. held that constitutional challenges to Article 125, UCMJ, 10 U.S.C.