An Army Staff Sergeant was arrested after getting into a fight with a Marine outside of a bar in the American Village section of Okinawa, Japan. The fight occurred after the designated curfew. After fleeing the scene and later being found by a Marine MP, our client invoked his rights and retained attorney Tim Bilecki.
The Soldier was initially offered an Article 15, but neither our office nor the client had faith that his command would give him a fair shake at the Article 15. The Staff Sergeant turned down Article 15 and demanded a trial by court martial. The strategy would be to assert self-defense. Charges were never preferred against our client and he was taken directly to administrative separation. Since our client had more than six years of active duty service and because the command was seeking a discharge with an other than honorable discharge, he was entitled to an Administrative Separation Board.
Mr. Bilecki traveled to Okinawa, Japan and our firm won the board. This Staff Sergeant was able to remain in the Army and continue serving.