United States v. Chavez

This opinion is subject to administrative correction before final disposition.
Before
TANG, J. STEPHENS, and ATTANASIO
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
German A. CHAVEZ
Sergeant (E-5), U.S. Marine Corps
Appellant
No. 201900147
Decided: 29 August 2019.
Appeal from the United States Navy-Marine Corps Trial Judiciary.
Military Judge: Major John L. Ferriter, USMC; Lieutenant Colonel
Jeffrey V. Munoz, USMC. Sentence adjudged 27 February 2019 by a
special court-martial convened at Marine Corps Base Camp Pend-
leton, CA, consisting of a military judge sitting alone. Sentence ap-
proved by convening authority: reduction to E-1, confinement for 89
days, and a bad-conduct discharge1.
For Appellant: Captain Jeremiah J. Sullivan, III, JAGC, USN.
For Appellee: Brian K. Keller, Esq.
_________________________
This opinion does not serve as binding precedent under
NMCCA Rule of Appellate Procedure 30.2(a).
_________________________
1 The Convening Authority suspended confinement in excess of 6 months pursu-
ant to a pretrial agreement.
United States v. Chavez, No. 201900147
PER CURIAM:
After careful consideration of the record, submitted without assignment of
error, we have determined that the approved findings and sentence are cor-
rect in law and fact and that no error materially prejudicial to Appellant’s
substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866.
However, we note that the “Action” section of the court-martial order
(CMO) does not accurately reflect that the suspended bad-conduct discharge
is to be remitted. Although we find no prejudice from this scrivener’s error,
the appellant is entitled to have court-martial records that correctly reflect
the content of his proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-
M. Ct. Crim. App. 1998). Accordingly, the supplemental CMO shall reflect
that the suspended bad-conduct discharge is to be remitted 6 months from
the date of the CMO, unless sooner vacated.
The findings and sentence as approved by the convening authority are
AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2