Bilecki Reconstructs Army Fitness Test; Falsification GOMOR Withdrawn

Bilecki Reconstructs Army Fitness Test; Falsification GOMOR Withdrawn

December 2024

Camp Humphreys, Korea

Army Sergeant First Class – E-7

Allegations: Falsification of an ACFT Score Card Submitted as Part of an Inspector General Nomination Packet

Facts

This was an Army Sergeant First Class at Camp Humphreys facing an AR 15-6 substantiated finding of ACFT score card falsification on an Inspector General nomination packet, a GOMOR signed by the Convening General, and the prospect of a permanently filed reprimand affecting promotion and continued service. Maximum exposure on a permanent AMHRR filing of a falsification GOMOR for an E-7 with twelve years of senior NCO service: adverse effects on selection and continued service, including possible review under the enlisted personnel rules applicable to her status.

The Government's case was built on the AR 15-6 finding that our client had submitted an ACFT score card with a date and age that did not correspond to her actual ACFT performance, and that the card had been digitally signed by another NCO. The investigating officer recommended a GOMOR and removal from the company. The approving officer recharacterized the violation as Article 107 UCMJ false official statement (without preferring any UCMJ charge) and forwarded the matter to the Convening General. The Convening General signed the GOMOR.

Our client retained Bilecki at the GOMOR notification stage.

The defense surfaced the alternative documentary record of how the score card had been generated. The card had been recreated from our client's actual ACFT scores in DTMS. Scores she had earned a year earlier and the card for which she could not locate in her records. The defense produced the original ACFT card our client had been looking for; it had been retrieved from a predecessor First Sergeant's email archive and confirmed her actual prior performance. The defense produced the DTMS readout showing the same scores that appeared on the recreated card. The defense produced the medical record establishing our client had been on a permanent ACFT profile for the date the recreated card carried. A date that had transferred over from the template card the recreation had been built from, as had the age of the other NCO whose card had been the template. The recreation had been done with two senior NCOs in the room: the company ACFT coordinator (who had digitally signed the card) and the company Operations NCO (who had supervised). Neither neutral witness had been deceived.

The defense produced a thirty enclosure rebuttal package: the medical record, the original ACFT card, the DTMS readout, the company ACFT coordinator's contemporaneous statement, eleven NCOERs across the senior NCO career, the awards record (six Army Achievement Medals, three Army Good Conduct Medals, two Army Commendation Medals, two Meritorious Service Medals, multiple foreign decorations), and nine character letters from O-3 to O-5 and E-9 raters across multiple commands.

The Convening General withdrew the GOMOR in its entirety.

Result: GOMOR withdrawn in its entirety. No AMHRR filing. No AdSep. Retained on active duty.

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FAQ

Q: How did Bilecki establish where the score-card errors came from?
The defense located the original card in a predecessor First Sergeant's email archive and compared it with the DTMS scores. The performance figures matched. The wrong date and age came from the template used to recreate the missing card. Statements from the two senior NCOs involved explained the recreation openly. Together, those records supported the argument that the errors did not reflect an effort to invent a fitness performance or deceive the command.

Q: What did the general decide?
After receiving the thirty-enclosure rebuttal, the general withdrew the GOMOR entirely. It was not filed locally or permanently. Our client was retained on active duty.