**CORRECTED COPY

– DESTROY ALL OTHERS**



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_______ _______ __________ No. ACM S32659 (f rev)

_______ _______ __________ UNITED STATES Appellee

v. Brett D. KUBIAK Senior Airman (E

- 4 )
, U.S. Air Force, Appellant

_______ _______ __________ Appeal from the United S tates Air Force Trial Judiciary Upon Further Review
Decided 8 February 202 1

_______ _______ __________ Military Judge: Jefferson B. Brown

. S entence: Sentence adjudged 3 July 2020 by SpCM convened at Schriever Air Force Base, Colorado

. Sentence entered by military judge on 18 July 2020 and reentered on 23 November 2020: Bad

- conduct discharge, confinement for 6 months, and reduction to E

- 1. For Appellant: Lieutenant Colonel Lance J. Wood , US AF

. Before POSCH, RICHARDSON, and MEGINLEY
, Appellate Military Judges

.

_______ _______ __________ This is an unpublished opinion and, as such, does not serve as precedent under AFCCA R ule of Practice and Procedure 30 .4.

_______ _______ __________ PE R CURIAM :
A special court

- martial found Appellant guilty , i n accordance with hi s plea s, of one specification of wrongful use of cocaine and three specifications of wrongful use of methamphetamine, both in violation of Article 112a, UniformUnited States v. Kubiak
, No. ACM S 32659 (f rev)

2 Code of Military J ustice (UCMJ), 10 U.S.C. § 912a, and three specifications of incapacitation for duty, in violation of Article 112, UCMJ, 10 U.S.C. § 912. 1 A panel consisting of officer and enlisted members sentenced Appellant to a bad

conduct discharge, confinement for s ix months
, and reduction to the grade of E

- 1

. On 16 July 2020
, t he c onvening a uthority took no action on the findings
or sentence , but waived automatic forfeitures at Appellant ’s request for the benefit of his dependent child. 2 The military judge signed the entry of judgment (E o J) on 18 July 2020

. This case was submitted for our review on its merits without assignment of error. However, in our review under Article 66, UCMJ, 10 U.S.C. § 866, we identified errors in the EoJ. By o rder of this court on 9 November 2020, we remanded Appellant’s record of trial to the Chief Trial Judge, Air Force Trial Judiciary, for correction of the EoJ. United States v. Kubiak , No. ACM S32659, 2020 CCA LEXIS 408 (A.F. Ct. Crim. App. 9 Nov. 2020) (order); see also Article 66(g), UCMJ, 10 U.S.C. § 866(g); Rule for Courts

- Martial 1111(c)(3). On 23 November 2020, the military judge corrected the EoJ and the record of trial was returned to this court the same day

. We have reviewed the corrections made to the EoJ and tho se corrections comply with this court’s order. Appellant did not submit any additional filings with this court. Upon further review, t he findings and sentence entered are correct in law and fact, and no error materially prejudicial to Appellant’s substant ial rights occurred. Articles 59(a) and 66(d), UCMJ , 10 U.S.C. §§ 859(a), 866(d). Accordingly, the findings and sentence are AFFIRMED

.

FOR THE COURT

CAROL K. JOYCE Clerk of the Court

1 References in this decision to the Uniform Code of Military Justice (UCMJ) and Rules for Courts

- Martial are to the Manual for C ourts

- Martial, United States (2019 ed.).

2 Appellant was found guilty of charges and specifications that alleged the commission of offenses on or after 1 January 2019. Articles 60a and 60b, UCMJ, 10 U.S.C. §§ 860a, 860b, and R ules for Courts

- Martial 1109 and 1110 ( 2019 MCM )
, applied to the convening authority’s decis ion on action

. See Exec. Order 13,825, §§ 3 and 5 , 83 Fed. Reg. at 9890 (8 Mar. 2018).