United States v. Vowell

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: November 16, 2018
• Docket: 201800229
• Status: Published

Opinion

U NITED S TATES N AVY –M ARINE C ORPS C OURT OF C RIMINAL A PPEALS _________________________

No. 201800229 _________________________

UNITED STATES OF AMERICA Appellee v.

Tristam B. VOWELL Aviation Structural Mechanic Airman (E-3), U.S. Navy Appellant _________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Commander Jason L. Jones, JAGC, USN.

For Appellant: Captain Jeremiah J. Sullivan III, JAGC, USN.

For Appellee: Brian K. Keller, Esq. _________________________

Decided 15 November 2018 _________________________

Before W OODARD , F ULTON , and H INES , Appellate Military Judges _________________________

After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening author- ity. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c). Although not raised by the appellant, we note that there is a scrivener’s er- ror in the appellant’s court-martial promulgating order. The order contains two specifications of the Charge labeled as “Specification 6.” The second “Specifica- tion 6” contained within the order should have been labeled as “Specification 7.” The appellant is entitled to an official record accurately reflecting the results of his proceedings, and, when we find that the official record is inaccurate, we test such errors under a harmless-error standard. United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1989). The failure to properly label the speci- fications in the order was error; however, the error was harmless as it did not materially prejudice the appellant’s substantial rights. To ensure the appellant United States v. Vowell, No. 201800229

has an official record which accurately reflects his proceedings, we order that the supplemental promulgating order properly reflect the numbering of the specifications.

FOR THE COURT

RODGER A. DREW, JR. Clerk of Court