Full Opinion

This opinion is subject to administrative correction before final disposition. Before KORN, GERRITY, and ZIMMERMANN Appellate Military Judges _________________________ UNITED STATES Appellee v. Jacob M. RUDIS Lance Corporal (E-3), U.S. Marine Corps Appellant No. 202600039 _________________________ Decided: 30 October 2026 Appeal from the United States Navy-Marine Corps Trial Judiciary Military Judges: Andrea K. Lockhart (arraignment) Hayes C. Larsen (trial) Sentence adjudged 26 September 2025 by a general court-martial tried at Marine Corps Base Twentynine Palms, California, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduc- tion to E-1, confinement for 90 days, and a bad-conduct discharge. For Appellant: Lieutenant Commander Meggie C. Kane-Cruz, JAGC, USN United States v. Rudis, NMCCA No. 202600039 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 are correct in law, the sentence is 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 had identical language for both specifications in Charges I and III and therefore does not comply with the standard set forth in United States v. Wadaa.2 Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding.3 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 84 M.J. 652 (N-M. Ct. Crim. App. 2024). 3 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998). 2 UNITED STATES NMCCA NO. 202600039 v. ENTRY OF Jacob G. RUDIS JUDGMENT Lance Corporal (E-3) U.S. Marines Corps As Modified on Appeal Accused 30 October 2026 On 26 September 2025, the Accused was tried at Marine Corps Base Twen- tynine Palms, California, by a general court-martial, consisting of a military judge sitting alone. Military Judge Hayes C. Larsen 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 114, Uniform Code of Military Justice, 10 U.S.C. § 914. Plea: Guilty. Finding: Guilty. Specification 1: Reckless endangerment by wrongfully and recklessly discharging a pistol likely to cause death or grievous bodily harm to LCpl M.V. on or about 24 October 2022 at Camp Navarro, Zamboanga, Philippines. Plea: Guilty. Finding: Guilty. United States v. Rudis, NMCCA No. 202600039 Modified Entry of Judgment Specification 2: Willful discharge under circumstances to endanger human life by wrongfully and willfully discharging a firearm under circumstances such as to endanger human life on or about 24 October 2022 at Camp Navarro, Zamboanga, Philippines. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Charge II: Violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Plea: Guilty. Finding: Guilty. Specification 1: Negligent discharge of a pistol and said conduct was prejudicial of good order and disciple in the armed forces and was of a nature to bring discredit upon the armed forces on or about 24 October 2022 at Camp Navarro, Zamboanga, Philippines. Plea: Guilty. Finding: Guilty. Charge III: Violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892. Plea: Guilty. Finding: Guilty Specification 1: Willful dereliction of duty resulting in death or grievous bodily harm by willfully failing to operate a firearm in a safe manner as it was his duty to do and such dereliction of duty resulted in grievous bodily harm to LCpl M.V. on or about 24 October 2022 at Camp Navarro, Zamboanga, Philippines. Plea: Guilty. Finding: Guilty 2 United States v. Rudis, NMCCA No. 202600039 Modified Entry of Judgment Specification 2: Negligent dereliction of duty resulting in death or grievous bodily harm by negligently failing to operate a firearm in a safe manner as it was his duty to do and such dereliction of duty resulted in grievous bodily harm to LCpl M.V. on or about 24 October 2022 at Camp Navarro, Zamboanga, Philippines. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Charge IV: Violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Specification: Wrongful use of a scheduled I controlled substance, delta-9-tetrahydrocannabinol, on divers occasions between on or about 18 January 2023 and on or about 4 September 2024 at or near Twentynine Palms, California. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Charge V: Violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928. Plea: Not Guilty. Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. Specification: Aggravated assault inflicting grievous bodily harm upon LCpl M.V. by shooting him with a loaded firearm on or about 24 October 2022 at Camp Navarro, Zamboanga, Philippines. Plea: Not Guilty. 3 United States v. Rudis, NMCCA No. 202600039 Modified Entry of Judgment Finding: Withdrawn and dismissed without prejudice to ripen into prejudice upon completion of appellate review. SENTENCE On 26 September 2025, a military judge sentenced the Accused to the fol- lowing: Reduction to pay grade E-1. A bad-conduct discharge. Confinement For Specification 1 of Charge I: Confinement for 90 days For the sole Specification of Charge II: Confinement for 90 days For Specification 1 of Charge III: Confinement for 90 days The terms of confinement will run concurrently. Confinement for a total of 90 days. FOR THE COURT: MARK K. JAMISON Clerk of Court 4