UNITED STATES ARMY COURT OF CRIMINAL APPEALS 

Before 

SIMS, COOK, and GALLAGHER 

Appellate Military Judges 

UNITED STATES, Appellee 

v. 

Specialist JACOB J. GALL 

United States Army, Appellant 

ARMY 20110992 

Headquarters, Fort Drum 

Gregory Bockin, Military Judge 

Lieutenant Colonel Olga M. Anderson, Staff Judge Advocate (pretrial) 

Colonel Michael O. Lacy, Staff Judge Advocate (recommendation) 

For Appellant: Major Jacob D. Bashore, Jr., JA; Captain Barbara Snow-Martone, 

JA. 

For Appellee: Pursuant to A.C.C.A Rule 15.2, no response filed. 

17 April 2012 

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SUMMARY DISPOSITION 

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Per Curiam: 

 A military judge, sitting as a special court-martial, convicted appellant, 

pursuant to his plea, of absence without leave, in violation of Article 86, Uniform 

Code of Military Justice, 10 U.S.C. § 886 [hereinafter UCMJ].1

 Appellant was 

sentenced to a bad-conduct discharge, confinement for four months, forfeiture of 

$800 pay for four months, and reduction in rank to Private E1. The convening 

authority (CA) approved a sentence of a bad-conduct discharge, confinement for four 

                                                           

1

 Appellant was found not guilty of the charged offense of desertion, but guilty of 

the lesser included offense of absence without leave. 
GALL—ARMY 20110992 

2

months, forfeiture of $800 pay per month for four months, and reduction in rank to 

Private E1.2

 This case is before us for review pursuant to Article 66, UCMJ. 

 Although not raised by appellant, we note that the military judge erred in 

announcing the sentence, and we will take corrective action in the decretal 

paragraph. R.C.M. 1003(b)(2) requires a sentence to forfeiture to state the “exact 

amount in whole dollars to be forfeited each month and the number of months the 

forfeitures will last.” Because the announced sentence did not include the words 

“per month,” we find that the amount announced is the total amount to be forfeited. 

See United States v. Guerrero, 25 M.J. 829, 831 (A.C.M.R. 1988) (citations 

omitted), aff'd and modified on other grounds, 28 M.J. 223 (C.M.A. 1989); United 

States v. Johnson, 13 U.S.C.M.A. 127, 32 C.M.R. 127 (1962).

We have reviewed the matters personally raised by appellant pursuant to 

United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and conclude they are 

without merit. We affirm the findings of guilty. The court affirms, however, only 

so much of the sentence as provides for a bad-conduct discharge, confinement for 

four months, forfeiture of $800.00 pay for one month, and reduction to Private E1. 

All rights, privileges, and property, of which appellant has been deprived by virtue 

of that portion of his sentence set aside by this decision, are hereby ordered restored. 

See UCMJ arts. 58b(c) and 75(a). 

 FOR THE COURT: 

 MALCOLM H. SQUIRES JR. 

 Clerk of Court 

                                                           

2

  We find the CA approved the sentence as misrepresented on the result of trial, in 

the defense Rule for Courts-Martial [hereinafter R.C.M.] 1105 matters, and in the 

promulgating order.

MALCOLM H. SQUIRES, JR.                          

Clerk of Court

FOR THE COURT: