Bilecki Negotiates General Discharge After Soldier’s DUI NJP and GOMOR

Bilecki Negotiates General Discharge After Soldier’s DUI NJP and GOMOR

February 2025

Camp Zama, Japan

Army Staff Sergeant – E-6

Allegations: UCMJ Article 113 Drunken Operation of a Vehicle; UCMJ Article 107 False Official Statement; UCMJ Article 131b Obstruction of Justice

Facts

An Army Staff Sergeant Counterintelligence Agent at Camp Zama was facing an Article 113 drunken operation of a vehicle NJP track at a 0.212% BAC, an Article 107 false official statement count tied to the same traffic stop, an Article 131b obstruction count tied to the same traffic stop, a GOMOR signed by the U.S. Army Japan Commanding General, and an AR 635-200 Chapter 14-12c administrative separation initiated against him in Japan. Maximum exposure across the disposition cascade: permanent GOMOR filing that could threaten selection and continued service, and AR 635-200 Chapter 14-12c administrative separation with an Other Than Honorable characterization.

The Government's case was that on the night of the conduct, our client drove a passenger vehicle while drunk past the gate at Camp Zama, attempted to walk back through the gate when stopped, refused both the preliminary breath test and the Intoxilyzer at the Camp Zama Provost Marshal Office, and made a false statement to the gate guard about the location of his SOFA license. The Commander ordered an evidentiary breath alcohol test that returned a 0.212% BAC. The disposition track also ran in the shadow of a prior 2023 GOMOR our client had received for a "burglary and assault" allegation that had originated as a sexual assault allegation in a CID investigation that had ultimately not produced a sustainable theory.

Our client retained Bilecki the week of the GOMOR.

We took full responsibility for the DUI conduct on the record. The defense rebuttal then walked the Convening General through the documentary record on the prior 2023 GOMOR.

The 2023 allegation had been reported to peers as a sexual assault, then walked back at the CID interview to a recollection the alleged victim could not corroborate, and ultimately reframed by the command as a "burglary and assault" GOMOR after the CID file did not support the sex assault theory. We surfaced the witness inconsistencies on the alleged victim's outcry pattern, the absence of a recovered text she had said would corroborate the report, and the documentary record on the relationship the alleged victim had with our client at the time. We paired the substantive context with our client's service record across NCOERs, the Basic Leader Course Commandant's List, the Advanced Leader Course top GPA and Commandant's List, a Hurricane Harvey humanitarian assistance mission, and reclassification to Counterintelligence.

NJP was imposed at Battalion Commander level. Reduction from Staff Sergeant to Sergeant. The Convening General filed the GOMOR.

The Convening Authority then routed the matter to AR 635-200 Chapter 14-12c administrative separation with the recommended characterization at Other Than Honorable.

We filed a Conditional Waiver of the AdSep board contingent on a characterization no less favorable than General (Under Honorable Conditions).

U.S. Army Japan accepted the Conditional Waiver. Our client separated General (Under Honorable Conditions).

Result: NJP imposed. GOMOR filed. Conditional Waiver accepted with General (UHC). No court-martial. No OTH.

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FAQ

Q: Why did Bilecki address the prior reprimand while accepting responsibility for the DUI?
The command was considering the new offense against a record that already contained a GOMOR. Bilecki accepted the DUI responsibility while explaining the evidence behind that earlier action. He also presented the Soldier's evaluations, military schooling and operational service. The submission gave the command the full record before it decided how he would leave the Army.

Q: What did the conditional waiver accomplish?
It required a discharge no worse than General in exchange for waiving the separation board. U.S. Army Japan accepted it, and our client received that characterization. The NJP reduction and GOMOR remained. A General discharge generally meets the character requirement for many VA benefits, but it does not itself meet the Honorable-discharge requirement for the principal GI Bill programs. Eligibility still depends on the benefit and the individual's service.