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July 2011
Tim Bilecki

Army MSG Accused of Falsifying NCOERs and Destroying Evidence Saves Retirement

False Official Statement (x2), Obstruction of Justice
Schofield Barracks, Hawaii
Army Master Sergeant - E-8
Adjudicated at Summary Court Martial. Full retirement.

Maximum Sentence:

  • Dishonorable Discharge
  • 15 years confinement
  • Total forfeiture
  • Reduction to E-1
  • Federal felony conviction
  • Loss of military retirement

Court martial lawyer Tim Bilecki was retained to represent a retirement-eligible Army Master Sergeant who was accused of falsifying NCOERs and subsequently destroying his government hard drive in an attempt to destroy the evidence.

When Bilecki Law Group was retained, this Master Sergeant was the subject of an Army AR 15-6 Investigation.  We investigated the case and then worked directly with the Investigating Officer to ensure he had all matters in defense, extenuation and mitigation.  We took a more aggressive stance and advised our client to provide a statement to IO after he was extensively prepped by Mr. Bilecki. This strategy proved effective and after the AR 15-6 Investigation was complete and referred to the command for action, we discussed the findings with the SJA office and negotiated an agreement in which the case be adjudicated at the Summary Court Martial level, and our client would not have to enter into a guilty plea.

We represented the Master Sergeant at what became a fully litigated Summary Court Martial that lasted 11 hours. After this hearing, our client was found not guilty of obstruction of justice and guilty of only one false official statement. We then assisted our client with submitting his retirement packet, which was approved.  Because this case was adjudicated at a Summary Court Martial level, the Soldier no federal conviction on his record.

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