Before KISOR
, DALY , and MIZER Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
Jordan L. KRETZ Gunnery Sergeant (E

- 7 ), U.S. Marine Corps Appellant

No. 20 2 3 00 0 78

_________________________

Decided: 9 January 2024
Appeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge:

Yong J. Lee
Sentence adjudged 16 December 2022 by a special court

- martial convened at Marine Corps Air Station Miramar
, California , consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : reduction to E

- 1, confinement for two months
, and a bad

- conduct discharge

. For Appellant: Commander Kyle C. Kneese , JAGC, USNUnited States v. Kretz , NMCCA No. 20 2300078 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, and Appellant having not challenged the factual sufficiency of this case, we have determined that the findings are correct in law, the sentence is correctin law and fact, and that no error materially prejudicial to Appellant’s substantial rights occurred. 1 However, we note that the Entry of Judgment does not accurately reflect the plea and finding to the sole Specification of Charge II . Althoug h we find no prejudice, A ppellant is entitled to have court

- martial records that correctly reflect the content of his proceeding. 2 In accordance with Rule f or Courts

- Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record.
T he findings and sentence are AFFIRMED

.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.

2 United States v. Crumpley , 49 M.J. 538, 539 (N

- M. Ct. Crim. App. 1998).UNITED STATES



### v.

Jordan L. KRETZ Gunnery Sergeant (E

- 7 ) U.S. Marine Corps
Accused NMCCA NO. 202300 078



### ENTRY OF JUDGMENT

As Modified on Appeal

9 January 2024

On 16 December 2022, the Accused was tried at Marine Corps Air Station Miramar, California , by a special court

- martial, consisting of a military judg e sitting alone. Military Judge Yong J. Lee 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 120 , Uniform Code of Military Justice, 10 U.S.C. § 920

.

Plea: Not Guilty

. Finding: W/D

. Specification: Abusive sexual contact on or about 16 September 2021.
Plea: Not Guilty. Finding: W/D

.
Charge II: Violation of Article 1 28 , Uniform Code of M ilitary Justice, 10 U.S.C. § 928

. Plea: Guilty. Finding: Guilty

. Specification: Assault consummated by a battery on or about 16 September 2021.United States v. Kretz , NMCCA No. 20 2300078 Modified Entr y of Judg ment

2 Plea: Guilty

. Finding: Guilty

.
Additional Charge : Violation of Article 92 , Uniform Code of M ilitary Justice, 10 U.S.C. § 892

. Plea: Guilty. Finding: Guilty

. Specification: Violation of a Lawful General Regulation on or about 16 September 2021.
Plea: Guilty

. Finding: Guilty

.



### SENTENCE

On 16 December 2022, a military judge sentenced the Accused to the following: Reduction to pay grade E

- 1.
Confinement for a total of 2 months

. For Specification Charge II : confinement for 2 months.
For Specification the Additional Charge : confinement for 2 months. The terms of confinement will run concurrently.
A bad

- conduct discharge.

FOR THE COURT:

MARK K. JAMISON Clerk of Court