UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before GALLUP, TOZZI, and JOHNSON Appellate Military Judges UNITED STATES, Appellee v. Sergeant JEREMY S. TERRY United States Army, Appellant ARMY 20080470 Headquarters, Joint Readiness Training Center and Fort Polk Victor L. Horton, Military Judge Colonel James D. Key, Staff Judge Advocate For Appellant: Major Grace M. Gallagher, JA; Captain Candace N. White Halverson, JA (on brief). For Appellee: Pursuant to A.C.C.A Rule 15.2, no response filed. 15 January 2009 ----------------------------------------- SUMMARY DISPOSITION ----------------------------------------- Per Curiam: A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of negligent homicide, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. 934 [hereinafter UCMJ]. The military judge sentenced appellant to a bad-conduct discharge, confinement for six months, and reduction to E1. The convening authority approved the adjudged sentence and attempted to waive the automatic forfeitures. The promulgating order and action, however, incorrectly stated the effective date and amount of the automatic forfeitures. On 22 May 2008, appellant specifically requested deferral and waiver of automatic forfeitures and the adjudged reduction in rank. On 29 May 2008, the convening authority granted appellant’s request to waive automatic forfeitures, effective 3 June 2008, but declined to grant appellant’s request for deferment of the reduction in rank. The promulgating order and action incorrectly stated that “[t]he automatic forfeiture of two-thirds pay and allowances required by Article 58b, UCMJ is waived effective 28 May 2008 for a period of six months . . .” (emphasis added). Because appellant was sentenced to six months confinement at a general court-martial, appellant automatically forfeited all his pay and allowances, not merely two-thirds of his pay and allowances as reflected in the promulgating order and action. See Article 58b(a), UCMJ. Furthermore, the automatic forfeitures went into effect fourteen days after the date on which the sentence was adjudged. See Article 57(a), UCMJ. In this case, appellant was sentence on 20 May 2008, therefore, the automatic forfeitures went into effect on 3 June 2008, not 28 May 2008. Although the promulgating order and action are incorrect, appellant concedes he was not prejudiced because the six-month waiver of automatic forfeitures of pay and allowances was correctly applied. On consideration of the entire record, the findings of guilty and the sentence are AFFIRMED. FOR THE COURT: MALCOLM H. SQUIRES, JR. Clerk of Court