This opinion is subject to administrative correction before final disposition.
Before
HOLIFIELD, KIRKBY, and DALY
Appellate Military Judges
_________________________
UNITED STATES
Appellee
v.
Jose M. BENAVIDEZ, Jr.
Corporal (E-4), U.S. Marine Corps
Appellant
No. 202300119
_________________________
Decided: 27 November 2023
Appeal from the United States Navy-Marine Corps Trial Judiciary
Military Judges:
Adam M. King (arraignment and trial)
Terri Zimmerman (motions)
Sentence adjudged 22 December 2022 by a special court-martial con-
vened at Marine Corps Base Camp Foster, Okinawa, Japan, consisting
of a military judge sitting alone. Sentence in the Entry of Judgment:
reduction to E-1, confinement for 90 days, forfeiture of $1,222.00 pay
per month for 12 months, and a bad-conduct discharge.
For Appellant:
Lieutenant Commander Doug R. Ottenwess, JAGC, USN
United States v. Benavidez, NMCCA No. 202300119
Opinion of the Court
_________________________
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, and Appellant having not challenged the factual sufficiency of this case,
we have determined that the findings are correct in law, the sentence is correct
in law and fact, and that no error materially prejudicial to Appellant’s substan-
tial rights occurred. 1
However, we note that the Entry of Judgment does not accurately reflect
the disposition of the charges. Although we find no prejudice, Appellant is en-
titled to have court-martial records that correctly reflect the content of his pro-
ceeding. 2 In accordance with Rule for Courts-Martial 1111(c)(2), we modify the
Entry of Judgment and direct that it be included in the record.
The findings and sentence are AFFIRMED.
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
2 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).
2
UNITED STATES NMCCA NO. 202300119
v. ENTRY
OF
Jose M. BENAVIDEZ, Jr. JUDGMENT
Corporal (E-4)
U.S. Marine Corps As Modified on Appeal
Accused
27 November 2023
On 22 December 2022, the Accused was tried at Camp Foster, Okinawa,
Japan, by a special court-martial, consisting of a military judge sitting alone.
Military Judge Adam M. King presided.
FINDINGS
The following are the Accused’s pleas and the Court’s findings to all of-
fenses the convening authority referred to trial:
Charge I: Violation of Article 120, Uniform Code of Military
Justice, 10 U.S.C. § 920.
Plea: Not Guilty.
Finding: Withdrawn and Dismissed.
Specification: Abusive sexual contact on or about 31 October
2021.
Plea: Not Guilty.
Finding: Withdrawn and Dismissed.
Charge II: Violation of Article 128, Uniform Code of Military
Justice, 10 U.S.C. § 928.
Plea: Not Guilty.
Finding: Withdrawn and Dismissed.
United States v. Benavidez, NMCCA No. 202300119
Modified Entry of Judgment
Specification: Assault consummated by a battery on or about
31 October 2021.
Plea: Not Guilty.
Finding: Withdrawn and Dismissed.
Charge III: Violation of Article 134, Uniform Code of Military
Justice, 10 U.S.C. § 934.
Plea: Guilty.
Finding: Guilty.
Specification: Indecent conduct on or about 31 October 2021.
Plea: Guilty.
Finding: Guilty.
SENTENCE
On 22 December 2022, a military judge sentenced the Accused to the fol-
lowing:
Reduction to pay grade E-1.
Confinement for a total of 90 days.
Forfeiture of $1,222.00 pay per month for a total of 12 months.
A bad-conduct discharge.
FOR THE COURT:
MARK K. JAMISON
Clerk of Court
2