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March 2019
Tim Bilecki

Army CW2 Accused for Raping Wife and Lewd Act Retires with Full Benefits

Alleged Rape, Infidelity, and Other Charges
Osan, Korea
Army Chief Warrant Officer 2 –W-2
Criminal charges not preferred, GOMOR removed, client retired with full benefits.

In a complex case in March 2019, a Chief Warrant Officer (CW2) at Osan found himself accused of serious offenses, initially threatened with false allegations of rape by his now ex-wife. Recognizing the gravity of the situation, the CW2 retained an Article 120 UCMJ sexual assault defense attorney, Tim Bilecki, immediately. Demonstrating a proactive approach, Bilecki conducted an on-the-ground investigation in Korea within a week of being retained. This timely and direct action was crucial in assembling a robust defense.

In Korea, Bilecki engaged in comprehensive interviews with potential witnesses and scrutinized all available evidence, piecing together the events surrounding the allegations. Bilecki’s thorough investigation brought to light critical inconsistencies in the ex-wife’s story, leading to her eventual recantation of the false claims.  The investigation was then closed out, and no charges were preferred.

However, the case took a dramatic and unjust turn. In a move that appeared retaliatory, the government issued a GOMOR against the CW2 for supposedly committing a lewd act — engaging in sexual activity with his wife while their infant was asleep in the same room. This new charge, which the defense team vehemently argued was not only baseless but also absurd and not a criminal act, was a clear misuse of military justice. Bilecki’s team, outraged by this blatant mischaracterization, crafted a fiercely detailed rebuttal. They not only challenged the ludicrous nature of the GOMOR but also exposed the apparent vindictiveness behind its issuance. Despite the strength and clarity of their defense, the GOMOR was, astonishingly, filed permanently.

Undaunted, the legal fight continued at the Board for Correction of Military Records (BCMR). Here, the team presented an unassailable argument against the unjust GOMOR, highlighting the investigation’s findings and the absurdity of the charges.  The BCMR removed the GOMOR as unjust, and our client was able to retire with full benefits and a clear record.

This case exemplifies the critical importance of aggressive legal advocacy and the power of a determined defense against unjust and retaliatory actions in the military justice system. The CW2’s eventual retirement with full benefits marked a significant victory against a backdrop of seemingly insurmountable odds.

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