This opinion is subject to administrative correction before final disposition.

30 October 2020: Administrative correction to add Appellee counsel.

Before 

CRISFIELD, HOLIFIELD, and LAWRENCE

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Mathew W. ANDERSEN

Private (E-1), U.S. Marine Corps

Appellant

No. 201900233

Decided: 30 October 2020

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: 

Roger E. Mattioli

Sentence adjudged 12 June 2019 by a special court-martial convened 

at Marine Corps Base Quantico, Virginia, consisting of a military 

judge sitting alone. Sentence in the Entry of Judgment: forfeiture of 

$1120.60 per month for four months and a bad conduct discharge.

For Appellant: 

Commander Mark Takla, JAGC, USN

For Appellee: 

Lieutenant Kevin G. Edwards II, JAGC, USN

Lieutenant Joshua C. Fiveson, JAGC, USN

_________________________
United States v. Andersen, NMCCA No. 201900233

Opinion of the Court

2

This opinion does not serve as binding precedent, but 

may be cited as persuasive authority under 

NMCCA Rule of Appellate Procedure 30.2.

_________________________

PER CURIAM:

A military judge sitting as a special court-martial convicted Appellant, 

pursuant to his pleas, of three specifications of larceny and one specification

of unlawful entry, in violation of Articles 121 and 134, Uniform Code of 

Military Justice [UCMJ], 10 U.S.C. §§ 921, 934. Appellant asserts one 

assignment of error: that the military judge erred when he failed to announce

forfeitures as an exact dollar amount per month. We agree.

“Unless a total forfeiture is adjudged, a sentence to forfeiture shall state 

the exact amount in whole dollars to be forfeited each month and the number 

of months the forfeitures will last.” Rule for Courts-Martial 1003(b)(2)

(emphasis added). Here, the military judge announced the forfeitures as 

“$1120.60 per month for a period of four months” instead of expressing the

partial forfeitures as a whole dollar amount per month. The Entry of 

Judgment repeats the forfeiture language as announced.

“The failure of the military judge to account for forfeitures in a dollar

amount is a clerical error with ‘no prejudicial impact on the accused,’ and it is

easily remedied.” United States v. Jewett, No. 200900167, 2009 CCA LEXIS

688, at *2 (N-M. Ct. Crim. App. 24 Sept. 2009) (unpublished op.) (quoting

United States v. Gilgallon, 2 C.M.R. 170, 172 (C.M.A. 1952)). Failure to use

whole dollars is no different, with the remedy being to reduce forfeitures

approved by the convening authority to a whole dollar amount per month.

Accordingly, the findings and only so much of the sentence approved 

below as provides for forfeiture of $1,120.00 pay per month for four months 

and a bad-conduct discharge are affirmed. All rights, privileges, and property

of which Appellant has been deprived by virtue of execution of forfeitures in

the Entry of Judgment which have not been affirmed will be restored. We

issue a corrected Entry of Judgment, in accordance with Rule for CourtsMartial 1111(c)(2). After careful consideration of the record, we have 

determined that the findings and sentence as modified are correct in law and 

fact and that no error materially prejudicial to Appellant’s substantial rights 

occurred. UCMJ arts. 59, 66.
United States v. Andersen, NMCCA No. 201900233

Opinion of the Court

3

The findings and sentence as modified are AFFIRMED. 

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court
30 October 2020: Administrative correction to add Appellee counsel.

UNITED STATES

v.

Mathew W. ANDERSEN

Private (E-1)

U.S. Marine Corps

Accused

NMCCA NO. 201900233

ENTRY 

OF

JUDGMENT

As Modified on Appeal

30 October 2020

On 12 June 2019, the Accused was tried at Marine Corps Base Quantico, Virginia, by a special court-martial, consisting of a military judge sitting alone. Military 

Judge Roger E. Mattioli, 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 121, Uniform Code of Military Justice, 

10 U.S.C. § 921.

Plea: Guilty.

Finding: Guilty.

Specification 1: Larceny between on or about 23 June 2018 and 21 July 

2018.

Plea: Guilty.

Finding: Guilty.

Specification 2: Larceny between on or about 30 June 2018 and 26 July 

2018.

Plea: Guilty.

Finding: Guilty.
United States v. Andersen, NMCCA No. 201900233

Modified Entry of Judgment

2

Specification 3: Larceny between on or about 8 August 2018 and 23 

August 2018.

Plea: Guilty.

Finding: Guilty.

Charge II: Violation of Article 134, Uniform Code of Military Justice, 

10 U.S.C. § 934.

Plea: Guilty.

Finding: Guilty.

Specification: Unlawful entry on or about 7 October 2018.

Plea: Guilty.

Finding: Guilty.

SENTENCE

On 12 June 2019, a military judge sentenced the Accused to the following:1

Forfeiture of $1120.00 pay per month for four months.

A bad-conduct discharge.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court

 

1 The military judge also sentenced the Accused to confinement for four months. However, the convening authority disapproved all confinement in accordance with the plea 

agreement.