UNITED STATES ARMY COURT OF CRIMINAL APPEALS 

Before 

TOZZI, CAMPANELLA, and CELTNIEKS 

Appellate Military Judges 

UNITED STATES, Appellee 

v. 

Private (E-2) EVAN M. EVERETT 

United States Army, Appellant 

ARMY 20140865 

U.S. Army Intelligence Center of Excellence and Fort Huachuca 

Timothy P. Hayes, Jr., Military Judge 

Colonel Joseph A. Keeler, Staff Judge Advocate 

For Appellant: Lieutenant Colonel Charles D. Lozano, JA; Major Christopher D. 

Coleman, JA; Captain J. David Hammond, JA (on brief). 

For Appellee: Colonel Mark H. Sydenham, JA; Major John K. Choike, JA; Captain 

Robyn M. Chatwood, JA (on brief). 

28 April 2016 

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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 pleas, of one specification of wrongful appropriation and one 

specification of larceny in violation of Article 121, Uniform Code of Military 

Justice, 10 U.S.C. § 921 (2012) [hereinafter UCMJ]. The military judge sentenced 

appellant to a bad-conduct discharge and confinement for ten months. Pursuant to a 

pretrial agreement, the convening authority approved the findings and only so much 

of the sentence as provides for a bad-conduct discharge and confinement for seven 

months. 

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

raises one assignment of error to this court that merits discussion and relief. 

The military judge found appellant guilty of Specification 2 of The Charge, 

larceny of funds with a value of more than $500, the property of Bank of America, 

N.A. [hereinafter Bank of America], between on or about 27 June 2014 and on or 
EVERETT—ARMY 20140865 

2

about 8 July 2014. Consistent with the error assigned by appellant, our examination 

of the record finds evidence to support the allegation that appellant stole funds from 

Bank of America, but the value of the funds stolen during the transaction at issue 

was less than $500. The government concedes this point and agrees with appellant 

that Specification 2 of The Charge should be amended to reflect a value of less than 

$500. We provide relief in our decretal paragraph. 

CONCLUSION 

Upon consideration of the entire record, the court affirms only so much of the 

finding of guilty of Specification 2 of The Charge as finds that: 

[Appellant], U.S. Army, did, at or near Fort Huachuca, 

Arizona, between on or about 27 June 2014 and on or 

about 8 July 2014, steal funds, of a value of less than 

$500, the property of Bank of America, N.A. 

The remaining findings of guilty are AFFIRMED. 

Reassessing the sentence on the basis of the error noted, the entire record, and 

in accordance with the principles of United States v. Winckelmann, 73 M.J. 11, 15-

16 (C.A.A.F. 2013), the sentence as approved by the convening authority is 

AFFIRMED. All rights, privileges, and property, of which appellant has been 

deprived by virtue of that portion of the findings set aside by this decision, are 

ordered restored. 

FOR THE COURT: 

 MALCOLM H. SQUIRES, JR. 

Clerk of Court 

MALCOLM H. SQUIRES, JR. 

Clerk of Court 

FOR THE COURT: