They say the truth will set you free, but in the case of this Army Sergeant Major, it was only his willingness to fight for the truth that saved his career. The Sergeant Major was stationed at Camp Humphreys, Korea, where he worked as a colleague with an Army Sergeant First Class. The SFC had somehow risen through the ranks despite her reputation as a deceptive and manipulative freeloader. A reputation we were more than happy to highlight in defense of our client.
The SFC had requested an Assignment Incentive Pay, which was approved in the amount of $6,000. In January, a personnel audit revealed that she was an “extra” Soldier and was then designated to be transferred to the 2nd Infantry Division. She was not happy about the move and threatened to report the Sergeant Major if she was transferred. Report what, you say? She needed a little time to create that fairy tale.
In February, she reported to the Criminal Investigation Command (CID) on a potential sexual assault conducted by the Sergeant Major. However, the information did not rise to the level that would warrant a charge or further investigation. Namely, even investigators could see the bullshit front and center. However, that didn’t stop our aggressive SFC from having another go at it.
In March, she reported new information that the Sergeant Major’s erect penis had touched her leg. That’s where the Sergeant Major was issued a General Officer Memorandum of Reprimand (GOMOR), which could adversely affect his career. Most importantly to the Sergeant Major, this was all the result of a lie, and that was something he could not abide by.
The Sergeant Major retained a noted Article 120 UCMJ sexual assault defense attorney, Timothy Bilecki, and the defense team instantly went to work on a rebuttal. We showed the SFC’s motive for the lie, the evolving story, and her history of subpar and absentee work. She had been focused on getting her Master’s, and she seemed to think that was all the Army was paying her for these days.
We showed the text messages between the two in the days and weeks after the alleged incident were of a professional nature and made no reference to any intimate or sexual conduct. Not even so much as a text reading, “So, what did you think of my fairytale mythical erect penis that touched you.” Just professional and collegial conversations.
Based on our rebuttal, the commanding general withdrew and destroyed the GOMOR. The Sergeant Major could have just been content that he was not charged and let the GOMOR follow him around the rest of his career. He just couldn’t abide knowing that GOMOR was there on a lie and so, he fought for the truth. Most importantly, he got Bilecki into the fight and restored his professional reputation.
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