This opinion is subject to administrative correction before final disposition.

Before HOLIFIELD, ATTANASIO , and HACKEL Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
Brian P

. FEHRENBACH Private (E

- 1 ), U.S. Marine Corps

Appellant

No. 20 22 00001

_________________________
Decided: 28 June 2022
Appeal from the United States Navy

- Marine Corps Trial Judiciary
Military Judge: Kimberly J. Kelly
Sentence adjudged 30 September 2021 by a special court

- martial convened at Naval Air Station Pensacola , Florida , consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : confinement for one month 1 and a bad

- conduct discharge.
For Appellant: Lieutenant Daniel E. Grunert , JAGC, USN

1 The convening authority suspended all confinement for a period of six months

.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, we have determined that the findings a nd sentence are correct in law and fact and that no error materially prejudicial to A ppellant ’s substantial rights occurred. 2 However, we note that the Entry of Judgment does not accurately reflect the disposition of the charges

. 3 Althoug h we find no prejudice, A ppellant is entitled to have court

- martial records that correctly reflect the content of his proceeding. 4 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 f indings and sentence are AFFIRMED

.

FOR THE COURT:

KYLE D. MEEDER Clerk of Court

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

3 The original Entry of Judgment incorrectly listed the pleas and findings of Additional Charge II and Specification 2 of Additional Charge II.

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

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



### v.

Brian P

. FEHRENBACH Private (E

- 1 ) U.S. Marine Corps Accused NMCCA NO. 20 22 00001



### ENTRY OF JUDGMENT

As Modified on Appeal

2 8 June 2022

O n 30 September 2021 , the Accused was tried at Naval Air Station Pensacola, Florida , by a special court

- martial consisting of a military judge sitting alone. Military Judge Kimberly J. Kelly , presided.



### FINDINGS
The following are the Accused’s pleas and the Court’s findings t o all offenses the convening authority referred to trial:

Charge I : Violation of Article 8 1 , Uniform Code of Military Justice ,

10 U.S.C. § 88 1

. Plea: Guilty. Finding: Guilty

. Specification : Conspiracy to O bstruc t Justice on or about 26

October 2019

. Plea: Guilty. Finding: Guilty

.
Charge I I: Violation of Article 115 , Uniform Code of Military

Justice , 10 U.S.C. § 9 15

. Plea: Not Guilty

. Finding: Dismissed

. S pecification 1: Communicating a threat to Seaman Recruit C.D.

on or about 25 October 2019

.4 Plea: Not Guilty. Finding: Dismissed.

S pecification 2: Communicating a threat to Lance Corporal S.R.

on or about 25 October 2019

. Plea: Not Guilty. Finding: Dismissed

.
Charge I II: Violation of Article 120 , Uniform Code of Military

Justice , 10 U.S.C. § 9 20

. Plea: Not Guilty. Finding: Dismissed

. S pecification 1 : Sexual assault (without consent) of Lance

Corporal S.R. on or about 25 October 2019

. Plea: Not Guilty. Finding: Dismissed

. S pecification 2: Sexual assault (person incapable of consent) of

Lance Corporal S.R. on or about 25 October 2019

. Plea: Not Guilty. Finding: Dismissed

.
Charge I V: Violation of Article 131b , Uniform Code of Military

Justice , 10 U.S.C. § 9 31b

. Plea: Guilty

. Finding: Guilty.

S pecification 1: Obstruction of justice on or about 26 October

2019

. Plea: Guilty

. Finding: Guilty.

S pecification 2: Obstruction of justice on or about 2 5 October

2019

. Plea: Not Guilty

. Finding: Dismissed.

Additional Charge I: Violation of Article 86 , Uniform Code of Military Justice ,

10 U.S.C. § 886

.5 Plea: Guilty

. Finding: Guilty.

S pecification: Failure to go to appointed place of duty on or

about 9 May 2021

. Plea: Guilty

. Finding: Guilty

.

Additional Charge II: Violation of Article 92, Uniform Code of Military Justice ,

10 U.S.C. § 892

. Plea: Guilty

. Finding: Guilty.

S pecification 1: Violation of a lawful written order on or about 9

May 2021.
Plea: Not Guilty

. Finding: Dismissed

. S pecification 2: Violation of a lawful written order on or about 9

May 2021

. Plea: Guilty

. Finding: Guilty

.



### SENTENCE

On 30 September 2021 , a military judge sentenced the Accused to the following:
F

or the Specification of Charge I: confinement for 1 month

. For Specification 1 of Charge I V : confinement for 1 month

. For the Specification of Additional Charge I:

no conf inement.
For Specification 2 of Additional Charge II:

no confinement.
Th e terms of confinement will run concurrently

. Confinement for a total of 1 month.
A bad

- conduct discharge

.6 The convening authority suspended all confinement for a pe riod of 6 months.

FOR THE COURT:

KYLE D. MEEDER Clerk of Court