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

                             No. 201300137
                         _________________________

                 UNITED STATES OF AMERICA
                                 Appellee
                                     v.
                       FRANCIS L. CAPTAIN
                   Sergeant (E-5), U.S. Marine Corps
                               Appellant
                        _________________________
 Appeal from the United States Navy-Marine Corps Trial Judiciary

     Military Judge: Commander John A. Maksym, JAGC, USN.
          For Appellant: Captain David A. Peters, USMCR.
                 For Appellee: Brian K. Keller, Esq.
                      _________________________

                       Decided 30 November 2016
                        _________________________

 Before CAMPBELL, R UGH , and HUTCHISON, 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
authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c).
The supplemental court-martial order will include the following corrected
summary of Specification 2 under Charge I:
      In that Sergeant Francis L. Captain, U.S. Marine Corps, on
      active duty, did, at Iwakuni, Japan, on or about 17 January
      2012, cause Mrs. RMN to engage in sexual contact, to wit:
      Sergeant Francis L. Captain digitally penetrated the buttocks
      and anus of Mrs. RNM, who was substantially incapacitated or
      substantially incapable of declining participation in the sexual
      contact or substantially incapable of communicating
      unwillingness to engage in the sexual contact.


                               For the Court

                               R.H. TROIDL
                               Clerk of Court
