Sexual Charges Dismissed; Army Major Pleads to Two Assaults and Preserves Medical Retirement

Sexual Charges Dismissed; Army Major Pleads to Two Assaults and Preserves Medical Retirement

May 2025

Fort Moore, Georgia

Army Major – O-4

Allegations: UCMJ Article 120 Abusive Sexual Contact; UCMJ Article 128 Assault Consummated by a Battery (3 specifications); UCMJ Article 134 Sexual Harassment

Facts

An Army Major at Fort Moore was facing a referred general court-martial on Article 120 abusive sexual contact, three Article 128 assault consummated by a battery specifications, and Article 134 sexual harassment. The Article 120 was routed through the Office of Special Trial Counsel as a covered offense. Maximum exposure: years of confinement, possible dismissal, federal felony record, federal sex offender registration, and the loss of a medical retirement that had earned out across years of service.

The Government alleged that on the evening of the conduct our client had been on a battalion social at an on-post bar at Fort Moore, had stayed at the bar after closing time, and had touched two civilian bar staff members in ways they reported as offensive, including unwanted physical contact with one staff member's lower back and unwanted physical contact with the other staff member's arm.

The medical retirement was the leverage.

Our client was on the Disability Evaluation System track. The retirement had earned out over years of service. Pending charges and a possible dismissal can interrupt or jeopardize retirement processing under the applicable personnel rules. The Government wanted Article 120 convictions at general court-martial. We wanted the Article 120 and the Article 134 sexual harassment off the case sheet entirely, the GCM forum off the case, and the medical retirement intact.

The trade was the negotiation.

Our client would plead guilty to two Article 128 specifications at a special court-martial, a forum where Dismissal cannot be adjudged. In exchange, the Government would dismiss the Article 120 abusive sexual contact specification after arraignment, dismiss the Article 134 sexual harassment specification after arraignment, dismiss one of the three Article 128 specifications after arraignment, withdraw the original general court-martial referral, re-refer the remaining two Article 128 specifications to a special court-martial, and not contest the medical retirement track. The Plea Agreement committed our client to submitting all documents required to facilitate the medical retirement within thirty days of acceptance of the guilty plea.

At the special court-martial, our client pleaded guilty to the two Article 128 specifications. The Military Judge adjudged 7 days of confinement on each specification, run consecutively, for a total of 14 days. No forfeitures. No fine. No reduction. No reprimand. The Military Judge recommended on the record that all 14 days of the adjudged confinement be suspended for a 60-day period.

Our client's medical retirement processed.

Result: Article 120 and Article 134 dismissed after arraignment. SPCM plea on two Article 128 specifications; 14 days confinement adjudged. The judge recommended suspension of all 14 days. Medical retirement preserved.

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FAQ

Q: How did Bilecki protect the retirement opportunity?
He negotiated dismissal of the sexual-contact and harassment allegations and one assault specification, withdrawal of the general court-martial referral and trial of the two remaining assaults at special court-martial. That forum could not impose an officer dismissal. The agreement also addressed submission of the medical-retirement documents.

Q: What was the actual sentence and later outcome?
The judge imposed seven days for each of the two assaults, running consecutively for fourteen days total, with no other punishment. The judge recommended suspension of all fourteen days. Our client's medical retirement subsequently processed. Retirement was the later personnel result; it was not automatic merely because the trial occurred at special court-martial.