Automated Summary
Key Facts
Staff Sergeant Kodi G. Simon (E-6, U.S. Marine Corps) was found guilty of violating Article 119b of the Uniform Code of Military Justice (UCMJ) for Child Endangerment by Culpable Negligence Resulting in Grievous Bodily Harm on 27 November 2022. The court affirmed the findings and sentence, which included reduction to E-3, 12 months confinement, and a bad-conduct discharge. The Entry of Judgment was modified to reflect the convening authority's 25 April 2024 clemency action, suspending confinement in excess of nine months for six months.
Issues
The court addressed the need to modify the Entry of Judgment to accurately reflect the convening authority's 25 April 2024 clemency action, which suspended confinement in excess of nine months for six months. While no material prejudice was found, the court emphasized the right to a correct record of proceedings.
Holdings
- The findings and sentence are AFFIRMED, and the Entry of Judgment was updated to include the clemency action of suspending confinement in excess of nine months for six months.
- The court affirmed the findings and sentence, determining they are correct in law and fact with no materially prejudicial error. However, the Entry of Judgment was modified to correctly reflect the convening authority's clemency action of suspending confinement in excess of nine months for six months, as recommended by the military judge.
Remedies
- A bad-conduct discharge
- Suspension of confinement exceeding 9 months for 6 months
- Reduction to pay grade E-3
- Confinement for a total of 12 months
Legal Principles
The court applied Rule for Courts-Martial 1110 to suspend excess confinement and Rule 1111(c)(2) to modify the Entry of Judgment. The findings and sentence were affirmed under Articles 59 & 66 of the Uniform Code of Military Justice (UCMJ).
Precedent Name
United States v. Crumpley
Cited Statute
Uniform Code of Military Justice
Judge Name
- GROSS
- GERRITY
- DE GROOT
Passage Text
- The convening authority suspended all confinement in excess of nine (9) months for a period of six (6) months... The Entry of Judgment does not correctly reflect the convening authority's clemency action... we modify the Entry of Judgment and direct that it be included in the record.
- 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.
- Charge I: Violation of Article 119b, UCMJ... Plea: Guilty. Finding: Guilty. Specification: Child Endangerment by Culpable Negligence Resulting in Grievous Bodily Harm on or about 27 November 2022.