Bilecki Presents Airman’s Injuries and Service Record; LOR Sustained Without Further Action

Bilecki Presents Airman’s Injuries and Service Record; LOR Sustained Without Further Action

February 2024

Kunsan Air Base, Republic of Korea

Air Force Airman First Class – E-3

Allegations: UCMJ Article 128 Assault

Facts

An Air Force Airman First Class at Kunsan was facing a Letter of Reprimand under UCMJ Article 128 for an alleged assault on an SSgt during an off-duty incident in December 2023. The Government alleged that our client struck the NCO in the face with his fists and choked him around the neck with his hands. The reprimand raised the possibility of additional disciplinary action, administrative separation and an Unfavorable Information File.

The Squadron Commander signed and served the Letter of Reprimand in mid-February 2024. The LOR memorandum characterized the conduct as criminal and noted that other Airmen had received Article 15s and been court-martialed for assault.

Our client retained Bilecki at the LOR rebuttal stage.

The incident the Squadron Commander had characterized as a one-sided criminal assault was actually a mutual alcohol-driven altercation between two Airmen.

Tim Bilecki used our client’s documented injuries to challenge the account of a one-sided assault. He also showed the commander that the Airman had no prior letter of reprimand or counseling and had voluntarily sought help with alcohol. The rebuttal asked the commander to consider that history and the mutual altercation under the Air Force’s progressive-discipline provisions and reduce the reprimand to a letter of counseling.

The Squadron Commander sustained the LOR. No Article 15 NJP. No administrative separation. No further adverse action. The Airman continued in service.

Result: LOR sustained. No Article 15 NJP. No AdSep. No UIF filing.

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FAQ

Q: What did Bilecki ask the commander to reconsider?
The defense used the Airman’s documented injuries to challenge the description of a one-sided assault. Tim also presented his lack of prior counseling or reprimands and his voluntary effort to address alcohol use. We asked the commander to reduce the LOR to a letter of counseling.

Q: What was the final decision?
The commander kept the LOR. No UIF was established, and there was no Article 15 or administrative separation. The Airman continued serving. The requested reduction was not granted, but the matter did not progress to those additional actions.