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October 2018
Tim Bilecki

Navy O-2 Facing False Statement and Substandard Performance Continues Service

False Official Statement and Substandard Performance of Duty
Joint Base Pearl Harbour – Hickam, Honolulu, Hawaii
Navy Lieutenant Junior Grade – O-2
The Board of Inquiry unanimously found no basis for separation. Client retained in the Navy.

A Navy Lieutenant Junior Grade faced allegations of making false official statements, violating Article 107 of the UCMJ, and substandard performance of duty, prompting a year-long Navy investigation. The investigation’s findings led his command to seek his separation from the Navy with an Other Than Honorable Discharge. Initially, the Lieutenant was not eligible for a Board of Inquiry due to his probationary officer status. However, following complaints to the Department of the Navy IG regarding the investigation’s handling, he was granted a Board of Inquiry.

Tim Bilecki, a Hawaii court martial defense attorney, represented the Lieutenant at the Board of Inquiry. Bilecki’s defense strategy involved a detailed examination of the investigative procedures and the evidence gathered against the Lieutenant. He challenged the validity of the allegations and demonstrated the lack of substantiated evidence to support the claims of false statements and substandard performance. Bilecki also highlighted procedural flaws in the investigation and the impact of these flaws on the fairness of the process.  Bilecki effectively countered the basis for the proposed separation, persuading the board members to find no grounds for the Lieutenant’s discharge from the Naval Service.  The Board of Inquiry unanimously found no basis for separation, allowing the Lieutenant to continue his service in the Navy.

Many months later, during a subsequent trip to Japan, Mr. Bilecki ran into his client, who was still proudly serving in the Navy.  We could see the stress had been lifted, and our client was in amazing spirits and advancing in his career. It is interactions like this that make all the long hours and tough litigation worth it.  

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