This opinion is subject to administrative correction before final disposition.

Before 

TANG, LAWRENCE, and COGLEY

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Clayton R. CARMACK

Lance Corporal (E-3), U.S. Marine Corps

Appellant

No. 202000016

Decided: 8 June 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary 

Military Judge: 

Andrea C. Goode

Sentence adjudged 23 August 2019 by a special court-martial convened at Marine Corps Base Camp Pendleton, California, consisting of 

a military judge sitting alone. Sentence as reflected in the Entry of 

Judgment: reduction to E-1, confinement for five months, and a badconduct discharge.

For Appellant: 

Captain Kimberly D. Hinson, 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).
United States v. Carmack, NMCCA No. 202000016

Opinion of the Court

2

_________________________

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the findings and sentence are correct in law 

and fact and that no error materially prejudicial to Appellant’s substantial 

rights occurred. Articles 59, 66, Uniform Code of Military Justice [UCMJ], 10 

U.S.C. §§ 859, 866 (2019). 

However, we note that the Entry of Judgment does not accurately reflect 

the sentence, in that it erroneously omitted the adjudged reduction in rank to 

E-1, which was announced on the record and included in the Statement of 

Trial Results. We find no evidence of modification by reason of any post-trial 

action by the convening authority or any ruling, order, or other determination 

by the military judge. See Article 60c(a)(1)(B), UCMJ. Hence, we conclude the 

discrepancy is a scrivener’s error and ultra vires. 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), 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 v. Carmack, NMCCA No. 202000016

Modified Entry of Judgment

1

UNITED STATES

v.

Clayton R. CARMACK

Lance Corporal (E-3)

U.S. Marine Corps

Accused

NMCCA NO. 202000016

ENTRY 

OF

JUDGMENT

As Modified on Appeal

8 June 2020

On 23 August 2019, the Accused was tried at Marine Corps Base Camp 

Pendleton, California, by a special court-martial, consisting of a military judge 

sitting alone. Military Judge Andrea C. Goode presided. 

FINDINGS

The following are the Accused’s pleas and the Court’s findings to all offenses 

the convening authority referred to trial: 

Charge I: Violation of Article 128, Uniform Code of Military Justice, 

10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

Specification 1: Assault Consummated by a Battery on or about 

22 April 2018.

Plea: Guilty.

Finding: Guilty.

Specification 2: Simple Assault on or about 22 April 2018.

Plea: Not Guilty.

Finding: Dismissed.
United States v. Carmack, NMCCA No. 202000016

Modified Entry of Judgment

2

Specification 3: Assault Consummated by a Battery on or about 

22 April 2018.

Plea: Guilty By Exceptions and Substitutions.*

Finding: Guilty By Exceptions and Substitutions.*

* GUILTY, except for the words, “commit an assault on 

E.M.L. by putting his hands on her neck and applying 

pressure, with a means or force likely to produce death 

or grievous bodily harm, to wit: by applying pressure to 

her neck with his hands” substituting therefor the 

words “unlawfully push E.M.L. on her neck with his 

hand”; of the excepted words, NOT GUILTY, of the 

substituted words, GUILTY, of the Specification as 

excepted and substituted, GUILTY.

Specification 4: Aggravated Assault on or about 22 April 2018.

Plea: Not Guilty.

Finding: Dismissed.

Charge II: Violation of Article 134, Uniform Code of Military Justice, 

10 U.S.C. § 934.

Plea: Not Guilty.

Finding: Dismissed.

Specification: Obstruction of Justice between on or about 

22 April 2018 and 31 July 2018.

Plea: Not Guilty.

Finding: Dismissed.

SENTENCE

On 23 August 2019, the military judge sentenced the Accused to the following: 

Reduction to pay grade E-1.

Confinement for five months.

A bad-conduct discharge.
United States v. Carmack, NMCCA No. 202000016

Modified Entry of Judgment

3

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court