**CORRECTED COPY – DESTROY ALL OTHERS**

UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

________________________

No. ACM S32659 (f rev)

________________________

UNITED STATES

Appellee

v.

Brett D. KUBIAK

Senior Airman (E-4), U.S. Air Force, Appellant

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Appeal from the United States Air Force Trial Judiciary

Upon Further Review

Decided 8 February 2021

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Military Judge: Jefferson B. Brown.

Sentence: 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, USAF.

Before POSCH, RICHARDSON, and MEGINLEY, Appellate Military 

Judges.

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This is an unpublished opinion and, as such, does not serve as 

precedent under AFCCA Rule of Practice and Procedure 30.4.

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PER CURIAM:

A special court-martial found Appellant guilty, in accordance with his 

pleas, of one specification of wrongful use of cocaine and three specifications of 

wrongful use of methamphetamine, both in violation of Article 112a, Uniform 
United States v. Kubiak, No. ACM S32659 (f rev)

2

Code of Military Justice (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 badconduct discharge, confinement for six months, and reduction to the grade of 

E-1. On 16 July 2020, the convening authority 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 

(EoJ) 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 order 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 those corrections comply with this court’s order. Appellant did not 

submit any additional filings with this court. 

Upon further review, the findings and sentence entered are correct in law 

and fact, and no error materially prejudicial to Appellant’s substantial 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 Courts-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 Rules for Courts-Martial 1109 and 1110 (2019 MCM), applied to the convening authority’s decision on action. See Exec. Order 13,825, §§ 3 and 5, 83 Fed. Reg. at 

9890 (8 Mar. 2018).