U NITED S TATES AIR F ORCE
C OURT OF C RIMINAL APPEALS
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No. ACM S32535
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UNITED STATES
Appellee
v.
Kyle R. HERNANDEZ
Airman First Class (E-3), U.S. Air Force, Appellant
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Appeal from the United States Air Force Trial Judiciary
Decided 21 May 2019
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Military Judge: Mark F. Rosenow.
Approved sentence: Bad-conduct discharge, confinement for 6 months,
reduction to E-1, and a reprimand. Sentence adjudged 19 April 2018 by
SpCM convened at Robins Air Force Base, Georgia.
For Appellant: Major Rebecca J. Otey, USAF; Major Mark J. Schwartz,
USAF.
For Appellee: Lieutenant Colonel Joseph J. Kubler, USAF; Mary Ellen
Payne, Esquire.
Before JOHNSON, DENNIS, and LEWIS, 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This is an unpublished opinion and, as such, does not serve as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 18.4.
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PER CURIAM:
The approved findings and sentence are correct in law and fact, and no er-
ror materially prejudicial to Appellant’s substantial rights occurred. Articles
United States v. Hernandez, No. ACM S32535
59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c)
(2016). Accordingly, the approved findings and sentence are AFFIRMED. *
FOR THE COURT
CAROL K. JOYCE
Clerk of the Court
* We note the court-martial order fails to reflect the plea and finding with respect to
the Specification of Charge I. In addition, we note the court-martial order omits the
language of the reprimand from the convening authority’s action. We direct the publi-
cation of a corrected court-martial order to remedy these errors.
2