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500+ Successful Court Cases & Counting: See Reviews ➔
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January 2020
Tim Bilecki

Bilecki Succeeds in Upgrading OTH to General Discharge for Marine Captain

Unlawful Possession and Sale of Government Equipment
Camp Forster, Okinawa, Japan
Marine Captain – O-3
The Letter of Deficiency submitted to the BOI was successful in upgrading the discharge from OTH to a General Discharge.

Bilecki’s defense team was retained after the Marine Captain already went through a Board of Inquiry where he was represented by the Marine Corps detailed military defense lawyer. The BOI did not go well, as the members found a basis for separation and recommended Other Than Honorable Discharge characterization.  

After being retained, Bilecki’s defense team drafted a BOI Letter of Deficiency laying out the significant legal issues that occurred at the BOI and asking for a new board.  Ultimately, the Letter of Deficiency was denied.   This case served as an example of why civilian defense counsel should be retained at the earliest opportunity – prior to a trial or Board of Inquiry – as opposed to after a conviction or separation.  

While appeals are worth pursuing, service members can often obtain a significantly better result by retaining counsel early on as opposed to late in the process.

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