This opinion is subject to administrative correction before final disposition.

Before 

STEPHENS, ATTANASIO, and DEERWESTER

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Jackson B. MELTON

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

Appellant

No. 202100208

Decided: 29 March 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary 

Military Judge: 

Melanie J. Mann

Sentence adjudged 25 May 2021 by a special court-martial convened at 

Marine Corps Base Hawaii, consisting of a military judge sitting alone. 

Sentence in the Entry of Judgment: reduction to E-1, confinement for 

90 days, and a bad-conduct discharge.1

For Appellant: 

Lieutenant Colonel Michael D. Berry, USMCR

 

1 Appellant received 81 days of pretrial confinement credit.
United States v. Melton, NMCCA No. 202100208

Opinion of the Court

2

_________________________

This opinion does not serve as binding precedent under 

NMCCA Rule of Appellate Procedure 30.2(a).

_________________________

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.2

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

the disposition of the charges.3 Although we find no prejudice, Appellant is

entitled to have court-martial records that correctly reflect the content of his 

proceeding.4 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.5

 

2 Articles 59 & 66, Uniform Code of Military Justice [UCMJ], 10 U.S.C. §§ 859, 866.

3 The Entry of Judgment [EOJ] incorrectly reflects Specification 2 of Charge II as 

an aggravated assault. However, while Appellant had been charged with an aggravated assault, consistent with the plea agreement, Appellant pleaded guilty to (by exceptions) and was found guilty of an assault consummated by a battery.

4 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

5 In affirming the findings and sentence, we note that the only clemency requested 

by trial defense counsel on Appellant’s behalf was disapproval of the bad-conduct discharge. The convening authority lacked the power to grant such a clemency request 

because, excluding exceptions not relevant here, disapproval or suspension of a badconduct is prohibited by operation of law. See Article 60(c), UCMJ. In a previous case 

where trial defense counsel could have requested clemency that fell within the convening authority’s power, but instead requested clemency that was prohibited by operation of law, we remanded for new post-trial processing with conflict-free counsel. See 

United States v. Marquardt, No. 201600265, 2017 CCA Lexis 95 (N-M. Ct. Crim. App. 

Feb. 14, 2017) (unpublished). In this case, however, because the only possible clemency 

available to Appellant was suspension or disapproval of the adjudged reduction to E-1, 

and due to the nature of the offenses in this case, we find there was no “reasonable 

probability of succeeding” with such a clemency request. See United States v. Warren, 

No. 202000170, 2020 CCA LEXIS 393 at *1–2 n.2 (N-M Ct. Crim. App. Oct. 30, 2020)
United States v. Melton, NMCCA No. 202100208

Opinion of the Court

3

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court

 

(unpublished) (quoting United States v. Jameson, 65 M.J. 160, 164 (C.A.A.F. 2007) (internal quotations omitted)). Therefore, under the unique circumstances of this case,

we discern no prejudice and no need to remand for new post-trial processing. (While 

the convening authority was also empowered to suspend or disapprove the 90 days of

confinement, trial defense counsel’s clemency request stated that Appellant “served 

his confinement prior to the plea, and was awarded time served.” While Appellant was 

sentenced to 90 days of confinement and only received 81 days of pretrial confinement 

credit, we presume trial defense counsel’s statement took into account so-called “good 

time” credit.).
UNITED STATES

v.

Jackson B. MELTON

Lance Corporal (E-3)

U.S. Marine Corps

Accused

NMCCA NO. 202100208

ENTRY 

OF

JUDGMENT

As Modified on Appeal

29 March 2022

On 25 May 2021, the Accused was tried at Marine Corps Base Hawaii, by

a special court-martial, consisting of a military judge sitting alone. Military 

Judge Melanie J. Mann 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 92, Uniform Code of Military Justice, 

10 U.S.C. § 892.

Plea: Guilty.

Finding: Guilty.

Specification: Failure to obey lawful general order, on or 

about 5 March 2021.

Plea: Guilty except for the words “Private First Class 

Alpha Romeo, U.S. Marine Corps, and Private First 

Class Echo Sierra, U.S. Marine Corps.”6

Finding: Guilty except for the words “Private First 

Class Alpha Romeo, U.S. Marine Corps, and Private 

First Class Echo Sierra, U.S. Marine Corps.”

 

6 All names in this opinion and modified Entry of Judgment, other than those of 

Appellant, the judges, and counsel, are pseudonyms.
United States v. Melton, NMCCA No. 202100208

Modified Entry of Judgment

5

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

Justice, 10 U.S.C. § 928.

Plea: Guilty.

Finding: Guilty.

Specification 1: Aggravated assault—inflicting grievous bodily 

harm, on or about 5 March 2021.

Plea: Not Guilty.

Finding: Dismissed.

Specification 2: Assault consummated by battery, on or about 

5 March 2021.

Plea: Guilty, except for the words “and did thereby 

inflict substantial bodily harm upon him, to wit:

severe bruising of the face.”

Finding: Guilty, except for the words “and did thereby 

inflict substantial bodily harm upon him, to wit:

severe bruising of the face.”

SENTENCE

On 25 May 2021, the Accused was sentenced by a military judge. The Accused was adjudged the following sentence: 

Reduction to the paygrade of E-1

For the Sole Specification of Charge I:

confinement for 90 days.

For Specification 2 of Charge II:

confinement for 90 days.

The terms of confinement will run concurrently.

Confinement for a total of 90 days.

A bad-conduct discharge.

The Accused has served 81 days of pretrial confinement and shall be credited with 81 days of confinement already served, to be deducted from the adjudged sentence to confinement.
United States v. Melton, NMCCA No. 202100208

Modified Entry of Judgment

6

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court