The Navy-Marine Corps Court of Criminal Appeals has upheld the sentence of Master Sergeant Jaime C. Hernandez, who was convicted of assault and attempted violation of a lawful general order. The court's decision, made on June 15, 2026, confirms the sentence of reduction in rank and forfeiture of pay for Hernandez, a senior enlisted Marine. This ruling is significant as it addresses the consequences of misconduct in the military, particularly regarding the treatment of junior service members.
Hernandez faced serious allegations, including attempted sexual assault and abusive sexual contact, stemming from an incident involving a junior Marine, Corporal M.S. The court's decision impacts not only Hernandez's career but also sends a message about accountability within the military ranks.
Background
The case against Hernandez began after allegations were made by Corporal M.S., who reported that he had sent her inappropriate text messages, entered her hotel room without consent, and attempted to sexually assault her during a Marine Corps birthday ball in 2023. The allegations included claims of unwanted physical contact, specifically that Hernandez kissed her neck while she resisted his advances.
Initially, Hernandez faced charges that could have led to a general court-martial. However, he entered into a plea agreement with the Office of Special Trial Counsel (OSTC). Under this agreement, he pleaded guilty to lesser charges of assault consummated by battery and attempted violation of a lawful general order. In exchange, the OSTC agreed to withdraw the more serious sexual assault charges and limit the potential punishment.
The Ruling
The court ruled that Hernandez's sentence was appropriate given the circumstances of his offenses. The military judge, Matthew M. Harris, had imposed a sentence that included a reduction in rank from E-8 to E-6 and forfeiture of $3,230 per month for 12 months. The appellate judges, including DALY, GROSS, and de GROOT, affirmed this sentence, stating, "Appellant's behavior was a drastic departure from the behavior expected of a senior enlisted Marine with over 20 years of service."
In their opinion, the judges emphasized the seriousness of Hernandez's actions, particularly the targeting of a junior Marine and the persistence in his unlawful conduct despite her rebuffs. They noted that the plea agreement itself indicated Hernandez's understanding of the severity of his actions, stating, "His knowing and voluntary entry into the plea agreement...is strong evidence that at the time he entered into the agreement, he believed it to be appropriate for his misconduct."
Impact
This ruling has significant implications for military personnel and the enforcement of conduct standards within the armed forces. It underscores the military's commitment to addressing sexual misconduct and protecting service members from inappropriate behavior by their peers, especially those in positions of authority.
The decision also serves as a warning to other military personnel about the consequences of such actions. By affirming the sentence, the court reinforces the idea that misconduct, particularly involving junior members, will not be tolerated and will result in serious repercussions.
What's Next
Details regarding any potential appeal were not available in the court filing. However, Hernandez's conviction and sentence are now affirmed, which means he will serve the consequences as determined by the court. There are no related cases pending that were mentioned in the opinion.