This opinion is subject to administrative correction before final disposition.

Before 

KING, MCCONNELL, and ATTANASIO, 

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Joshua W. TAYLOR

Corporal (E-4), U.S. Marine Corps

Appellant

No. 201900172

Decided: 20 November 2019.

Appeal from the United States Navy-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 approved 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 precedent, 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. 201900172

2

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the approved findings 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 

the disposition of the charges. Although we find no prejudice, 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). In accordance with Rule for Courts-Martial 1111(c)(2), Manual for 

Courts-Martial, United States (2019 ed.), we modify the Entry of Judgment 

and direct that it be included in the record.

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court
UNITED STATES NMCCA NO. 201900172

v. ENTRY 

OF

Joshua W. TAYLOR JUDGMENT

Corporal (E-4)

U.S. Marine Corps As Modified on Appeal

Accused 20 November 2019

On 23 January 2019, 1 March 2019, and 8 April 2019, the Accused was 

tried at Marine Corps Base Kaneohe Bay, Hawaii, by general court-martial,

consisting of a military judge sitting alone. Military Judge Wilbur Lee presided.

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. § 892.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice to ripen 

into prejudice upon completion of appellate review.

Specification: Failure to obey a lawful order – wrongfully 

providing alcohol to a minor – on or about

1 January 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice 

to ripen into prejudice upon completion of appellate

review.
United States v. Taylor, NMCCA No. 201900172, Modified Entry of Judgment

2

Charge II: Violation of Article 107, Uniform Code of Military 

Justice, 10 U.S.C. § 907.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice to ripen 

into prejudice upon completion of appellate review.

Specification: False official statement on or about 19 February

2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice 

to ripen into prejudice upon completion of appellate

review.

Charge III: Violation of Article 120, Uniform Code of Military 

Justice, 10 U.S.C. § 920.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice to ripen 

into prejudice upon completion of appellate review.

Specification 1: Sexual assault – bodily harm – on or about 

1 January 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice 

to ripen into prejudice upon completion of appellate

review.

Specification 2: Sexual assault – incapable of consenting due to 

impairment by an intoxicant – on or about 

1 January 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice 

to ripen into prejudice upon completion of appellate

review.

Specification 3: Sexual assault – bodily harm – on or about 

23 September 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice 

to ripen into prejudice upon completion of appellate

review.
United States v. Taylor, NMCCA No. 201900172, Modified Entry of Judgment

3

Specification 4: Sexual assault – incapable of consenting due to 

impairment by an intoxicant – on or about 

23 September 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice 

to ripen into prejudice upon completion of appellate

review.

Charge IV: Violation of Article 128, Uniform Code of Military 

Justice, 10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

Specification: Assault consummated by a battery on or about

23 September 2018.

Plea: Guilty.

Finding: Guilty.

Charge V: Violation of Article 134, Uniform Code of Military 

Justice, 10 U.S.C. § 934.

Plea: Guilty.

Finding: Guilty.

Specification: Adultery on or about 1 January 2018.

Plea: Guilty.

Finding: Guilty.

Additional Charge I: Violation of Article 92, Uniform Code of 

Military Justice, 10 U.S.C. § 892.

Plea: Guilty.

Finding: Guilty.

Specification: Dereliction of duty – willfully failing to ensure

alcohol was not provided to minors – on or about

31 December 2017.

Plea: Guilty.

Finding: Guilty.
United States v. Taylor, NMCCA No. 201900172, Modified Entry of Judgment

4

SENTENCE

On 8 April 2019, the military judge adjudged the following sentence: 

Reduction to pay grade E-1.

Confinement for 12 months.1

A bad-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.