This opinion is subjec t to administrative correction before final disposition.

Before KING
, M C CONNELL , and ATTANASIO
, Appellate Military Judges

_________________________


### UNITED STATES Appellee

v.

Joshua W. TAYLOR Corporal (E

- 4 ), U.S. Marine Corps Appellant

No. 2019001 72

Decided: 20 November 2019

. Appeal from the United States Nav y

- Marine Corps Trial Judiciary

. Military Judge : Lieutenant Colonel Wilbur Lee , USMC . Sentence adjudged 8 April 2019 by a general court

- martial convened at Marine Corps Base Kaneohe Bay, Hawaii, consisting of a military judge sitting alone. Sentence approve d in the Entry of Judgment : reduction to E

- 1, confinement for 12 months
, 1 and a bad

- conduct discharge.
For Appellant: Captain Valonne L. Ehrhardt, USMC

. For Appellee: Brian K. Keller, Esq.

_________________________
This opinion does not serve as binding pr ecedent , but

may be cited as persuasive authority under NMCCA Rule of Appellate Procedure 30.2.

_________________________

1 The Convening Authority suspended confinement in excess of 8 months pursuant to a pretrial agreement.United States v. Taylor
, NMCCA No. 201 900172

2 PER CURIAM : After careful consideration of the record, submitted without assignment of error, we have determined that the approved fin dings and sentence are correct 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 Entry of Judgment does not accurately reflect th e disposition of the charges . Althoug h we find no prejudice, A ppellant 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). In accordance wit h Rule f or Courts

- Martial 1111(c)(2), Manual f or Courts

- Martial, United States (2019 ed.), we modify the Entry of Judgment and direct that it be included in the record.

T he findings and sentence are AFFIRMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of CourtUNITED STATES NMCCA NO. 201 900 1 72



### v. ENTRY OF Joshua W. TAYLOR 

### J UDGMENT Corporal (E

- 4 ) U.S. Marine Corps A s Modified on Appeal Accused 20 November 2019

On 23 January 2019 , 1 March 2019, and 8 April 2019, t he Accused was tried at M arine Corps Base Ka neohe Bay, Hawaii
, by g eneral court

- martial
, consisting of a military judge sitting alone

. Military Judge W ilbur Lee presid ed.



### FINDINGS

The following offenses were referred to trial, with the corresponding pleas and findings:

Charge I : Violation of Article 92 , Uniform Code of Military Justice , 10 U.S.C. § 8 92

. Plea: N ot Guilty

. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review

. Specification : Failure to obey a lawful order

– wrongful ly providing alcohol to a minor

– on or about 1 January 201 8.
Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review.United States v. T aylo r , NMCCA No. 201900 1 72
, Modified Entry of Judgment

2 Charge I I : Violation of Article 107 , Uniform Code of Military Justice , 10 U.S.C. § 9 07

.

Plea: N ot Guilty

. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review

. Specification : F alse official statement on or about 1 9 February 2018.
Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review.

Charge I I I : Violation of Article 1 2 0 , Uniform Code of Military Justice , 10 U.S.C. § 9 2 0

.

Plea: N ot Guilty

. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review

.
S pecification 1 : Sexual assault

– bodily harm

– on or about 1 January 2018.
Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review.

S pecification 2 : Sexual assault

– i ncapable of consenting d ue to impairment by an intoxicant

– on or about 1 January 2018.
Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review.

S pecification 3 : Sexual assault

– bodily harm

– on or about 2 3 September 2018.
Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review.United States v. T aylo r , NMCCA No. 201900 1 72
, Modified Entry of Judgment

3 S pecification 4 : Sexual assault

– i ncapable of consenting d ue to impairment by an intoxicant

– on or about 2 3 September 2018.
Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudi ce to ripen into prejudice upon completion of appellat e review.

Charge I V : Violation of Article 1 28 , Uniform Code of Military Justice , 10 U.S.C. § 9 28

.

Plea: Guilty

. Finding: Guilty

. Specification : A ssault consummated by a battery on or about 23 September 201 8.
Plea: Guilty. Finding: Guilty

.

Charge V : Violation of Article 1 34 , Uniform Code of Military Justice , 10 U.S.C. § 9 3 4

.

Plea: Guilty

. Finding: Guilty

. Specification : A d ultery on or about 1 January 201 8.
Plea: Guilty. Finding: Guilty

.

Additional Charge I : Violation of Article 92 , Uniform Code of Military Justice , 10 U.S.C. § 8 92

.

Plea: Guilty

. Finding: G uilty

. Specification : D ereliction of duty

– w illfully failing to ensure alcohol was not provided to minor s

– on or about 3 1 December 2017

. Plea: Guilty. Finding: Guilty

.United States v. T aylo r , NMCCA No. 201900 1 72
, Modified Entry of Judgment

4 

### SENTENCE

On 8 April 2019
, t he military judge adjudged the following sentence :
R eduction to pay grade E

- 1

. C onfinement for 1 2 months

. 1

A ba d

- conduct discharge

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 The Convening Authority suspended confinement in excess of 8 months pursuant to a pretrial agreement.