United States v. VARGAS

This opinion is subject to administrative correction before final disposition.

Before

KISOR, FLUHR, and HARRELL

Appellate Military Judges _________________________

UNITED STATES

Appellee v.

Hiram A. VARGAS

Aviation Boatswain’s Mate (Handling) Petty Officer Third Class (E-4),

U.S. Navy Appellant

No. 202300302 _________________________ Decided: 15 January 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Mishonda M. Mosley

Sentence adjudged 18 October 2023 by a general court-martial tried at Naval Station Norfolk, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for ten months, for- feiture of all pay and allowances, and a bad-conduct discharge.

For Appellant:

Lieutenant Raymond E. Bilter, JAGC, USN

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, 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. 1

However, we note that the Entry of Judgment does not: (1) include the date of the offenses as required by Rule for Courts-Martial (R.C.M.) 1111(b)(1)(A) and United States v. Wadaa; 2 (2) correctly reflect the disposition of the charge and specifications to which Appellant pleaded not guilty; 3 (3) specify the confinement adjudged for each specification as required by R.C.M. 1111(b)(2)(A); and, (4) specify that the terms of confinement are to run concurrently as required by R.C.M. 1111(b)(2)(B). Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. 4 In accordance with Rule for Courts-Martial 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the rec- ord.

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 84 M.J. 652, 655 (N-M. Ct. Crim. App. 2024).

3 See Block 11 of the Entry of Judgment (incorrectly reflecting that Charge I and its Spec- ifications are dismissed without prejudice upon completion of appellate review).

4 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). UNITED STATES

NMCCA NO. 202300302 v.

ENTRY OF

Hiram A. VARGAS

JUDGMENT Aviation Boatswain’s Mate (Handling) Petty Officer

As Modified on Appeal Third Class (E-4) U.S. Navy

15 January 2025 Accused

On 18 October 2023, the Accused was tried at Naval Station Norfolk, Vir- ginia, by a general court-martial, consisting of a military judge sitting alone. Military Judge Mishonda M. Mosley 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 without prejudice to ripen into prejudice upon completion of appellate review.

Specification 1: Sexual assault (without consent) on or about

27 August 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Modified Entry of Judgment

Specification 2: Sexual assault (asleep or otherwise unaware) on or about 27 August 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Specification 3: Sexual assault (incapable of consenting) on or about 27 August 2022.

Plea: Not Guilty.

Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review.

Charge II: Violation of Article 120c, Uniform Code of Military

Justice, 10 U.S.C. § 920c.

Plea: Guilty.

Finding: Guilty.

Specification: Indecent recording on or about 27 August

2022.

Plea: Guilty.

Finding: Guilty.

Additional Charge: Violation of Article 120, Uniform Code of

Military Justice, 10 U.S.C. § 920.

Plea: Guilty.

Finding: Guilty.

Specification: Abusive sexual contact on or about 27

August 2022.

Plea: Guilty.

Finding: Guilty.

Modified Entry of Judgment

SENTENCE On 18 October 2023, a military judge sentenced the Accused to the follow- ing:

Reduction to pay grade E-1.

Forfeiture of all pay and allowances.

Confinement

For the Specification of Charge II: confinement for 10 months.

For the Specification of the Additional Charge: confinement for 10 months.

The terms of confinement will run concurrently.

Confinement for a total of 10 months.

A bad-conduct discharge.

FOR THE COURT:

MARK K. JAMISON Clerk of Court