Bilecki Defeats Political-Activities Ground at Reserve Officer’s Board; General Discharge Recommended

Bilecki Defeats Political-Activities Ground at Reserve Officer’s Board; General Discharge Recommended

March 2024

East Point, Georgia (Show Cause Board venue)

Army Reserve Major – O-4

Allegations: Mismanagement of Personal Affairs; Political Activities; Conduct Unbecoming an Officer

Facts

An Army Reserve Major and recent federal Congressional candidate was facing an AR 15-6 investigation and a Show Cause Board on three theories, including a DoDD 1344.10 Political Activities theory tied to the Reserve officer's federal political campaign. The Major faced involuntary separation with an Other Than Honorable characterization. A central dispute was whether the Government could connect an adult video to his congressional campaign and apply restrictions governing political activity while he was not on active duty.

Our client retained Bilecki in September 2023, with the Board scheduled at the Reserve Command headquarters in East Point, Georgia.

We pressed two points at the Board.

First, our client was not on Title 10 federal active duty when the alleged conduct occurred. The Investigating Officer's own report, on its face, supported that. Second, the defense argued that the active-duty restrictions did not apply to our client’s conduct in his non-active-duty status. The Government's theory required the Board to ignore both points.

Defense pre-board motion practice asked the Board to make explicit findings on Title 10 status and on whether the Government could show the adult video was inextricably linked to the political campaign. Both questions were the case.

Tim Bilecki traveled to East Point, Georgia for the Show Cause Board.

Our client testified. Defense character witnesses put a senior officer from a separate command, a retired Major from the Cyber Protection Brigade, an Assistant Chief of Radiology at a major Army hospital, a Chief Warrant Officer from the Army Cyber Protection Brigade, and a civilian technology architect on the record.

The Board found No Basis on the DoDD 1344.10 Political Activities theory.

The defeat of that theory at the Board was the defense achievement on the merits. The Government had asked the board to sustain political activity as an independent ground for separation. Tim’s defense defeated that ground, even though the board sustained two others.

The Board found Basis on the other two theories (paragraph 2-13(b) mismanagement of personal affairs and paragraph 2-13(p) conduct unbecoming) and recommended separation with General (Under Honorable Conditions) characterization.

After the board, we requested specific findings on duty status and the claimed connection between the video and the political campaign. Our representation ended with the board proceedings. The result of our work was no basis on the political-activities theory, with a General-discharge recommendation on the two remaining grounds.

Result: The board found no basis on the political-activities theory, sustained two other grounds, and recommended separation with a General (Under Honorable Conditions) characterization. The defense filed a motion seeking specific findings on duty status and the connection to political speech.

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FAQ

Q: What did Bilecki argue about the Major’s political activity?
The defense challenged the application of active-duty political restrictions to conduct undertaken while the Major was not on federal active duty. Tim also asked for specific findings about the claimed connection between the adult video and the congressional campaign. The board found no basis on the political-activities ground.

Q: Did the board retain the Major?
No. It sustained the mismanagement and conduct-unbecoming grounds and recommended a General discharge under Honorable Conditions. Our work included a request for specific findings after the board. The reported result is that mixed decision and recommendation, not a verified later discharge action.