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May 2019
Tim Bilecki

Army SGT Accused or Sexual Advances to Subordinate, Adjudicated at Article 15

Maltreatment of a Subordinate, Sexual Harassment
Schofield Barracks, Hawaii
Army Sergeant – E-5
Suspended rank reduction at NJP.

An Army Sergeant at Schofield Barracks faced serious allegations after a complaint was lodged by a lower-ranking Soldier accusing him of making offensive, unwanted sexual comments and soliciting her for sexual intercourse. This prompted a swift reaction from the military, which launched an investigation, leaning on the presumption of guilt. Military defense lawyer Tim Bilecki was retained early in the process. An AR 15-6 investigation ensued, interviewing many of the Sergeant’s junior Soldiers. Additional allegations of “creepy” behavior and unfair assignment of CQ duty as retaliation for lack of attention emerged, particularly from female Soldiers who were friends. However, these claims lacked independent substantiation. Despite this, the investigating officer, influenced by a “guilty until proven innocent” mindset regarding SHARP allegations, found one of the many accusations of maltreatment and sexual harassment to be substantiated, dismissing the rest. The case proceeded to an Article 15 adjudication, where extensive rebuttal materials were prepared. Ultimately, the Sergeant received a suspended rank reduction at Non-Judicial Punishment (NJP).

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