This opinion is subject to administrative correction before final disposition.
Before
HITESMAN, GASTON, and GERRITY,
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Zachary M. BAUER
Information Systems Technician Second Class (E-5), U.S. Navy
Appellant
No. 201900173
Decided: 27 November 2019
Appeal from the United States Navy-Marine Corps Trial Judiciary.
Military Judges: Captain Michael Luken, JAGC, USN (arraignment);
Commander Hayes Larsen, JAGC, USN (trial).
Sentence adjudged 14 February 2019 by a general court-martial con-
vened at Naval Station Norfolk, Virginia, consisting of a military
judge sitting alone. Sentence in the Entry of Judgment: reduction to
E-1, confinement for 3 years, and a bad-conduct discharge. 1
For Appellant: Lieutenant Commander W. Scott Stoebner, JAGC,
USN.
For Appellee: Brian K. Keller, Esq.
1 The military judge adjudged a dishonorable discharge. However, pursuant to a
pretrial agreement, the convening authority commuted the dishonorable to a bad-
conduct discharge and suspended confinement in excess of 18 months for a period of
12 months.
United States v. Bauer, NMCCA No. 201900173
_________________________
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 and sentence are correct in law
and fact and that no error materially prejudicial to Appellant’s substantial
rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866.
However, we note that the Entry of Judgment does not accurately reflect
the disposition of the charges. Although we find no prejudice, Appellant is
entitled to have court-martial records that correctly reflect the content of his
proceeding. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App.
1998). In accordance with Rule for Courts-Martial 1111(c)(2), Manual for
Courts-Martial, United States (2019 ed.), we modify the Entry of Judgment
and direct that it be included in the record.
The findings and sentence are AFFIRMED.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2
UNITED STATES NMCCA NO. 201900173
v. ENTRY
OF
Zachary M. BAUER JUDGMENT
Information Systems Technician
Second Class (E-5) As Modified on Appeal
U. S. Navy 27 November 2019
Accused
On 4 January and 14 February 2019, the Accused was tried at Naval Station
Norfolk, by a general court-martial, consisting of a military judge sitting alone. Mili-
tary Judges Michael Luken and Hayes Larsen, presided.
FINDINGS
The following are the Accused’s pleas and the Court’s findings to all offenses the
convening authority referred to trial:
Charge: Violation of Article 80, Uniform Code of Military Justice,
10 U.S.C. § 880.
Plea: Not Guilty.
Finding: Withdrawn and dismissed.
Specification 1: Attempted Sexual Assault of a Child on or about
16 February 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed.
Specification 2: Attempted Receipt of Child Pornography on or about
15 February 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed.
United States v. Bauer, NMCCA No. 201900173
Modified Entry of Judgment
Specification 3: Divers Attempted Sexual Abuse of a Child Involving
Indecent Communication from on or about 12
February 2018 to on or about 16 February 2018.
Plea: Not Guilty.
Finding: Withdrawn and dismissed.
Additional Charge: Violation of Article 80, Uniform Code of Military
Justice, 10 U.S.C. § 880.
Plea: Guilty.
Finding: Guilty.
Specification: Attempted Sexual Abuse of a Child on or about
16 February 2018.
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 14 February 2019, a military judge sentenced the Accused to the following (as
modified, if at all, during any post-trial action):
Reduction to pay grade E-1.
Confinement for 36 months.
A bad-conduct discharge.
The convening authority suspended confinement in excess of 18 months for a pe-
riod of 12 months.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
2