This opinion is subject to administrative correction before final disposition.

Before 

HITESMAN, GASTON, and ATTANASIO, 

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Zachary A. ADDIS

Airman Apprentice (E-2), U.S. Navy

Appellant

No. 201900224

Decided: 4 December 2019

Appeal from the United States Navy-Marine Corps Trial Judiciary. 

Military Judge: Captain Jonathan Stephens, JAGC, USN. Sentence 

adjudged 22 May 2019 by a special court-martial convened at Naval 

Base San Diego, California, consisting of a military judge sitting 

alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for 180 days, and a bad-conduct discharge.

For Appellant: Lieutenant Commander Derek C. Hampton, 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).

_________________________

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 and 66, UCMJ, 10 U.S.C. §§ 859, 866.
United States v. Addis, NMCCA No. 201900224

2

However, we note that Entry of Judgment fails to reflect the not guilty 

finding to certain language (“he was apprehended”) excepted from the guilty 

finding to Specification 2 of Charge I.1 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

 

1 The Entry of Judgment does note that the language “he was apprehended” was 

excepted from the guilty finding to Specification 2 of Charge I but fails to reflect the 

disposition of this excepted language – a not guilty finding vice some other disposition, e.g., withdrawal, dismissal, etc. 
UNITED STATES NMCCA No. 201900224

Appellee

ENTRY

v. OF

JUDGMENT

Zacharay A. ADDIS

Airman Apprentice (E-2) As Modified on Appeal

U. S. Navy 4 December 2019

Accused

On 22 May 2019, the Accused was tried at Navy Base San Diego, California, by a

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

Jonathan Stephens, 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 86, Uniform Code of Military Justice, 

10 U.S.C. § 886.

Plea: Guilty.

Finding: Guilty.

Specification 1: Absent Without Authority on or about 6 August 2018.

Plea: Guilty.

Finding: Guilty.

Specification 2: Absent Without Authority Terminated by 

Apprehension on or about 14 January 2019.

Plea: Guilty.

Finding: Not Guilty, but Guilty of Absent Without Authority 

Not Terminated by Apprehension.
United States v. Addis, NMCCA No. 201900224

Modified Entry of Judgment

2

Charge II: Violation of Article 92, Uniform Code of Military Justice, 

10 U.S.C. § 892.

Plea: Guilty.

Finding: Guilty.

Specification 1: Violate a General Order on or about June 2018.

Plea: Guilty.

Finding: Guilty.

Specification 2: Dereliction of Duty from about 31 January 2019 to 

about 4 February 2019.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Charge III: Violation of Article 112a, Uniform Code of Military Justice, 

10 U.S.C. § 912a.

Plea: Guilty.

Finding: Guilty.

Specification 1: Wrongful Use of Cocaine on or about 27 June 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification 2: Wrongful Possession of Cocaine on or about 2 June 

2018.

Plea: Guilty.

Finding: Guilty.

Specification 3: Wrongful Distribution of Cocaine on or about 2 June 

2018.

Plea: Guilty.

Finding: Guilty.

Specification 4: Wrongful Introduction of Cocaine Onto an Armed 

Forces Installation on or about June 2018.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.
United States v. Addis, NMCCA No. 201900224

Modified Entry of Judgment

3

Charge IV: Violation of Article 114, Uniform Code of Military Justice, 

10 U.S.C. § 914.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

Specification: Reckless Endangerment from about 31 January 2019 to 

about 4 February 2019.

Plea: Not Guilty.

Finding: Withdrawn and dismissed.

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

10 U.S.C. § 934.

Plea: Guilty.

Finding: Guilty.

Specification: Wrongfully Endeavoring to Impede an Investigation

on or about 27 June 2018.

Plea: Guilty.

Finding: Guilty.

SENTENCE

On 22 May 2019, a military judge sentenced the Accused to the following (as 

modified, if at all, during any post-trial action): 

A reprimand.

Reduction to pay grade E-1.

Confinement for 180 days.

A bad-conduct discharge.

The Accused has served 106 days pretrial confinement and shall be credited with 

106 days of confinement already served, to be deducted from the adjudged sentence 

to confinement.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court