An Army Sergeant had general court martial charges preferred against him for larceny in violation of Article 121, UCMJ as well as false official statements in violation of Article 107, UCMJ. The case surrounded the Soldier’s claim of BAH payments for San Francisco, California for his spouse. According to the Army CID investigation, his wife never lived or even visited San Francisco, CA. BAH Fraud cases arising out of New York City, San Francisco and Honolulu are quite common, as those are the three highest BAH rates in the country and the target of law enforcement audits.
Court martial lawyer Timothy Bilecki was retained, and an Article 32 hearing was held. While the Article 32 hearing recommended Court Martial, the government likely understood the difficulties in bringing the case to trial and succeeding. Mr. Bilecki was able to leverage this into a Chapter 10, in which all charges were withdrawn and dismissed against our client in exchange for administrative separation. Prior to the Chapter 10 being approved, this Soldier was facing up to 15 years in confinement if convicted.