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. 201900 224

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 o f 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 prece dent under NMCCA Rule of Appellate Procedure 30.2 (a)

.

_________________________
PER CURIAM : After careful consideration of the record, submitted without assignment of error, we h ave 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 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 with 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 th at it be included in the record.
T he 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 appr ehended” 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 N o . 201900 224 Appellee ENTRY



### v. OF JUDGMENT Zacharay A. ADDIS Airman Apprentice (E

- 2 ) As Modi fied on Appeal U. S. Navy 4 December 2019 Accused

On 22 May 2019 , t he 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 , presid ed

.


### FINDING S
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 Authorit y Not Terminated by Apprehension

.United States v. Addis , NMCCA No. 201900 22 4 Modified Entry of Judgment

2 Charge I I: Violation of Article 92 , Uniform Code of Military Justice , 10 U.S.C. § 892

. Plea: Guilty

. Finding: Guilty

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

. Plea: Guilty. Finding: Guilty

. S pecifica tion 2: Dereliction of Duty from about 31 January 2019 to about 4 February 2019

. Plea: Not Guilty. Finding: Withdrawn and dismissed

. Charge I II: Violation of Article 1 12a , Uniform Code of Military Justice , 10 U.S.C. § 9 12a

. Plea: Guilty. Finding: Guilty

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

. Plea: Not Guilty

. Finding: Withdrawn and dismissed

. S pecification 2: Wrongful Possession of Cocaine on or about 2 June 2018

. Plea: Guilty

. Finding: Guilty

. S pecification 3: Wrongful Distribu tion of Cocaine on or about 2 June 2018

. Plea: Guilty

. Finding: Guilty

. S pecification 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. 201900 22 4 Modified Entry of Judgment

3 Charge I V: Violation of A rticle 114 , Uniform Code of Military Justice , 10 U.S.C. § 9 14

. Plea: Not Guilty

. Finding: Withdrawn and dismissed

. S pecification : 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. § 9 34

. Plea: Guilty

. Finding: Guilty

. S pecification: 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 ad judged sentence to confinement.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court