Bilecki Presents Relationship Evidence and Service Record; Warrant Officer’s GOMOR Filed Locally

Bilecki Presents Relationship Evidence and Service Record; Warrant Officer’s GOMOR Filed Locally

October 2023

Camp Humphreys, Republic of Korea (2d Infantry Division)

Army Chief Warrant Officer 2 – W-2

Allegations: UCMJ Article 128b Domestic Violence; UCMJ Article 134 Extramarital Sexual Conduct

Facts

An Army Chief Warrant Officer 2 at Camp Humphreys was facing a 2d Infantry Division Commanding General GOMOR alleging Article 128b domestic violence and Article 134 extramarital sexual conduct against his spouse. The CG's stated intent on the GOMOR was permanent filing in the AMHRR. CID had titled four offenses on the Final Law Enforcement Report. Trial counsel had opined probable cause.

The government's case was that in January 2023, the spouse had discovered evidence of our client's extramarital sexual conduct on his phone, confronted him at the family quarters, and that our client had then assaulted her by grabbing her arms, physically restraining her, and causing her to fall to the ground.

The defense investigation recovered the spouse's own contemporaneous record. iCloud backups produced the spouse's own infidelity videos and text records, going back through the relationship. A Navy Federal statement showed the spouse's unilateral $1,500 withdrawal from the joint account days after the alleged incident. The documentation surfaced the spouse's anger management therapy under a named clinical psychologist, with the timeline showing she was a current patient at the time of the alleged conduct. Photos preserved a 2021 prior incident in which the spouse had smashed our client's phone. A January 2023 text from the spouse referenced our client's separate move-out from the family quarters that month.

We argued that the general needed to consider the divorce, the earlier property damage and our client’s claim that he had acted in self-defense. The records supplied context for that argument; the spouse’s treatment history or financial decisions alone did not establish that her allegation was false.

Our client retained Bilecki after the GOMOR was served, with the seven day rebuttal window already running.

We submitted the GOMOR Rebuttal Matters memo in mid-October 2023 with thirteen enclosures. The rebuttal walked the CG through the self defense framework, why the record did not establish prejudice to good order and discipline or service-discrediting conduct from the alleged affair, and the documented motive context. Career documentation went into the package. A senior chaplain's character letter went in. Character letters from multiple peer warrant officers and senior NCOs across our client's twelve year career went in.

The Convening General directed local filing in the Military Personnel Records Jacket only. No permanent AMHRR filing. No court martial referral. No NJP. No officer elimination action.

Result: GOMOR filed locally only. No permanent AMHRR filing. No court martial. No NJP. No officer elimination.

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FAQ

Q: What did Bilecki include in the rebuttal?
Tim presented the relationship chronology, messages, financial records and photographs of the earlier damaged phone to support the account of a dispute arising during separation. We also addressed self-defense and the legal requirements for the alleged extramarital conduct. The package included the warrant officer’s career documents and support from a senior chaplain, peer warrant officers and NCOs.

Q: Did the general withdraw the reprimand?
No. The general directed local filing. The reprimand remained, but it did not enter the AMHRR. No NJP, court-martial or officer-elimination action followed.