
An Army Sergeant stationed at Camp Humphreys faced charges under the UCMJ for abusive sexual contact, fraternization, and wrongful use of a Schedule II controlled substance at a general court martial. These charges originated from an incident with a junior Soldier, with whom the Sergeant had engaged in a sexual relationship. Their social activities, often occurring in the “Ville” area outside Camp Humphreys, included drinking and drug use.
On one occasion, after consuming alcohol and a Schedule II controlled substance, the Sergeant and the junior Soldier were discovered by a courtesy patrol, visibly intoxicated. The subsequent questioning revealed the Sergeant’s engagement in multiple UCMJ violations, encompassing intoxicated behavior, inappropriate fraternization, and drug use.
The situation intensified when the junior Soldier, also detained, accused the Sergeant of groping, following his own confessions of adultery, fraternization, and drug use. These developments prompted a thorough military investigation.
In response to the military’s decision to pursue a general court-martial based on these allegations, Tim Bilecki was hired for the defense. Considering the Sergeant’s preference to leave the Army and the evidence available, including urinalysis results and his admissions, Bilecki secured a Chapter 10 discharge as an alternative to court-martial.
Bilecki engaged in negotiations with the prosecution, emphasizing the Sergeant’s readiness to exit the Army and advocating for a resolution that would circumvent the severity of a court-martial. Leveraging the case’s specifics, notably the Sergeant’s acknowledgments and the insubstantial evidence regarding the sexual assault allegation, Bilecki successfully argued for a Chapter 10 discharge.
This discharge, formally known as Separation in Lieu of Court Martial, was tactically negotiated to facilitate the dismissal of all charges against the Sergeant. Through Bilecki’s negotiations, he underscored the advantage of resolving the issue without the complexities of a court-martial, convincing the prosecution and command to consent to the Chapter 10 discharge.
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