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March 2022
Tim Bilecki

Army SGT Averts Court Martial for Sexual Assault, Gets GOMOR Instead

Sexual Assault
Camp Humphreys, Korea
Army Sergeant – E-5
No court martial charges preferred; case disposed of with a GOMOR.

The military’s Sexual Harassment/Assault Prevention Program (SHARP) was created with the noble intent of rooting out sexual assault from military ranks. While we largely applaud this intent, the application has been anything but just. Allegations are treated as fact and even with the burden of evidence for court martial doesn’t exist, honorable service members are still paying a price for these false allegations.

Just take the case of an Army Sergeant stationed at Camp Humphreys in Korea who retained the services of Bilecki Law Group to fight for the truth. Now, Bilecki is based in Tampa, Florida, but there is a reason that service members fly him in from all over the world to save their careers. 

In this case, a young Army Sergeant was out on the town with a fellow Soldier with whom he had a prior relationship. They had spent time together on lunch dates, playing golf together, and socializing in other settings in the past.

In November of 2020, one such setting occurred. That evening started with dinner and drinks where both seemed to be having an amazing time. Those drinks were followed by more drinks at various establishments before ending the evening with a trip to the Osan Enlisted Club. Throughout the night, the alleged victim became increasingly affectionate toward our client. This could have been fueled by her alcohol consumption, but she remained functional and cogent. The affection did not go unnoticed by those around them.

They returned to our client’s room, where they kissed and ultimately engaged in sexual intercourse. The alleged victim later claimed she had said “no” to the sexual activity. Our client vehemently denied this and claimed that the sexual activity was consensual. He went from having what he thought was an amazing night to living through a nightmare. Thankfully, our client reached out to us.

We conducted an extensive investigation and gathered obvious evidence that overwhelmingly supported our client’s account of the events on that cold November night in Korea. We meticulously examined all the evidence, which included text messages and eyewitness statements, and conducted thorough interviews that military investigators wouldn’t bother to pursue.

Our efforts paid off, as the outcome was that no court martial charges were preferred against our client. This was a huge win for the truth, as in the era of SHARP, an allegation is often enough to ruin someone’s life. Unfortunately, in the era of SHARP, commands are often under pressure to show they are taking this issue seriously.

The command insisted on issuing a General Officer Memorandum of Reprimand (GOMOR). A GOMOR is a formal administrative action that can be given to a service member for misconduct or unsatisfactory performance. In the era of SHARP, a GOMOR has become the tool to inflict pain upon a service member when there is simply not enough evidence to proceed with charges.

While a GOMOR could serve a righteous purpose for military discipline, using it as a last-minute punitive measure to service members you can’t charge is an egregious miscarriage of justice. The burden of evidence should not be lowered just because commands didn’t get the court martial they wanted. We continue to fight for our clients, and while avoiding court martial likely saved this service member’s career and freedom, the GOMOR could negatively affect his career as well.

You simply cannot assume the truth will set you free in the era of SHARP. You need experienced counsel who will fight for you to the bitter end. If they give you a GOMOR based on hearsay, you can be sure they will court martial you if you let them. You must fight back, and you must get an experienced team on your side during this fight.

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