An Army Sergeant First Class was caught by his wife engaging in an affair with a Second Lieutenant within his chain of command. Literally, his wife walked in on them, her iPhone recording as she discovered him and the Second Lieutenant naked together in bed. Both the Sergeant First Class and the Second Lieutenant were understandably upset at being caught and recorded, though arguably not as much as the spouse. The footage, shocking in its clarity, was handed over to the command, prompting an immediate launch of an AR 15-6 investigation into fraternization.
Despite the Second Lieutenant’s higher rank, the NCO had been serving in the Army since she was in middle school. Although she was the officer, the command focused its disciplinary efforts on the NCO due to his marital status, his being nearly 15 years older than the Lieutenant, and his significantly longer tenure in the Army. Recognizing the gravity of the situation and the potential for severe disciplinary action, the Sergeant First Class proactively retained civilian defense counsel, Tim Bilecki.
The AR 15-6 investigation was substantiated, and the command sought to prefer charges at a court-martial. However, Bilecki successfully negotiated to keep the matter as an adverse action instead, leading to the issuance of a General Officer Memorandum of Reprimand (GOMOR). In response, we drafted rebuttal matters requesting that the GOMOR be filed locally, arguing that the incident was a one-time mistake that would not be repeated.
Despite our efforts to mitigate the consequences, the Commanding General decided against leniency, opting to permanently file the GOMOR. The command did not, however, seek to administratively separate the Soldier.
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