An Army Sergeant had general court martial charges preferred against him for larceny in violation of Article 121, UCMJ, as well as for a false official statement in violation of Article 107 of the UCMJ. The case involved the Soldier’s claim of BAH payments for San Francisco, California, for his spouse.
According to the investigation by the Army Criminal Investigation Division (CID), 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 areas with high BAH rates and the target of law enforcement audits.
Court martial lawyer Timothy Bilecki was retained, and an Article 32 hearing was held. After the Article 32 hearing, Tim continued negotiations with the prosecution and obtained approval of a Chapter 10 discharge in lieu of trial. All charges were withdrawn and dismissed in exchange for administrative separation. Prior to the Chapter 10 being approved, this Soldier was facing up to 15 years in confinement if convicted.
Prior results do not predict future outcomes.