United States v. Vowell ( 2018 )

U NITED S TATES N AVY –M ARINE C ORPS
C OURT OF C RIMINAL A PPEALS
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No. 201800229
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UNITED STATES OF AMERICA
Appellee
v.
Tristam B. VOWELL
Aviation Structural Mechanic Airman (E-3), U.S. Navy
Appellant
_________________________
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judge: Commander Jason L. Jones, JAGC, USN.
For Appellant: Captain Jeremiah J. Sullivan III, JAGC, USN.
For Appellee: Brian K. Keller, Esq.
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Decided 15 November 2018
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Before W OODARD , F ULTON , and H INES , Appellate Military Judges
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After careful consideration of the record, submitted without assignment of
error, we affirm the findings and sentence as approved by the convening author-
ity. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).
Although not raised by the appellant, we note that there is a scrivener’s er-
ror in the appellant’s court-martial promulgating order. The order contains two
specifications of the Charge labeled as “Specification 6.” The second “Specifica-
tion 6” contained within the order should have been labeled as “Specification 7.”
The appellant is entitled to an official record accurately reflecting the results
of his proceedings, and, when we find that the official record is inaccurate, we
test such errors under a harmless-error standard. United States v. Crumpley, 49
M.J. 538, 539 (N-M. Ct. Crim. App. 1989). The failure to properly label the speci-
fications in the order was error; however, the error was harmless as it did not
materially prejudice the appellant’s substantial rights. To ensure the appellant
United States v. Vowell, No. 201800229
has an official record which accurately reflects his proceedings, we order that
the supplemental promulgating order properly reflect the numbering of the
specifications.
FOR THE COURT
RODGER A. DREW, JR.
Clerk of Court
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