Bilecki Contests Navy Officer’s Family Advocacy Findings; No UCMJ or Separation Action

Bilecki Contests Navy Officer’s Family Advocacy Findings; No UCMJ or Separation Action

January 2025

Okinawa, Japan

Navy Lieutenant Commander – O-4

Allegations: Family Advocacy Program Child Physical Abuse

Facts

A Navy Lieutenant Commander stationed at Okinawa was under a Marine Corps Family Advocacy Program child physical abuse investigation, with NCIS attempting to interview our client and the Incident Determination Committee process running on a "Met Criteria" determination track. Maximum exposure on the criminal track if NCIS produced a substantiated investigation: a referred Article 128 or Article 128b court-martial, a punitive discharge, and the criminal record that runs alongside any contested child abuse conviction.

The Government's case was that during a meal-time argument at on-base quarters, our client and his five year old daughter had a physical exchange. The Government's theory was that the daughter had refused our client's instruction to come to the dining table, an argument escalated, the daughter pushed our client, and our client pushed her back. She fell and bruised her hip. Our client took her to the emergency room two days later. The medical workup documented a minor hip strain and bruising with no fracture, dislocation, or other severe harm. Our client's spouse reported. The Marine Corps Family Advocacy Program at Camp Butler opened a child physical abuse case and convened the Incident Determination Committee.

Our client retained Bilecki within days of the report.

NCIS had requested an interview later that week. We advised our client and communicated that he would not submit to the interview.

We then turned to the Family Advocacy administrative track. The Incident Determination Committee returned an initial "Met Criteria" determination for child physical abuse. We filed a rebuttal package on the Family Advocacy reconsideration track marshaling the medical record (the documented absence of fracture or dislocation), the documentary record on the predicate, and the DoD Manual 6400.01 Volume 3 Criterion C three-prong analysis. After the reconsideration result, we filed a separate escalation appeal to Headquarters Marine Corps Manpower and Reserve Affairs Family Advocacy Program asserting the Incident Determination Committee had applied an extra-regulatory factor not present in the DoD Manual.

NCIS did not produce a Report of Investigation. No UCMJ charges were preferred. No NJP. No GOMOR. No administrative separation. No Show Cause Board. No officer elimination action.

Result: NCIS interview declined. No UCMJ charges, GOMOR, or administrative separation. Retained on active duty.

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FAQ

Q: What did Bilecki challenge in the Family Advocacy proceeding?
The defense put the medical findings and circumstances of the incident before the reconsideration authority and argued that the applicable regulatory exclusion had been misapplied. After reconsideration, Bilecki pursued a further appeal to Headquarters Marine Corps. That work addressed the administrative finding separately from the proposed NCIS interview.

Q: Did declining the interview end the investigation?
Declining protected our client from providing an interview statement; NCIS could still investigate through other evidence. The reported result was no criminal charges, NJP, reprimand or separation, and continued service. That criminal and personnel outcome is distinct from the IDC's initial finding.