A female Army Staff Sergeant was investigated for adultery and false official statement for an apparent relationship she had with a male SSG. At the conclusion of the investigation, both were charged with adultery at an Art 15 (NJP).
The female SSG was assigned two military attorneys, an MAJ at Ft. Stewart, Georgia and a CPT in Grafenwoehr, Germany. After consulting with both JAG lawyers, who advised the Army SSG to accept Article 15, she hired court martial attorney, Tim Bilecki, to represent her because she did not agree with the JAG lawyers’ advice.
After reviewing the file and consulting with the Army SSG, she decided to refuse the NJP and fight the charges at court martial. After refusing NJP, our client was FLAGed and received a negative NCOER. Once Bilecki’s defense team was hired, we began our own defense investigation.
We challenged every finding of the AR 15-6 investigation and entered our notice of representation for her refusal of the Art 15. The Army SSG was informed that because she refused the Art 15, charges would be preferred against her at a special court martial and that it would be convened at Fort Stewart, Georgia, upon the unit’s return from the tour in Germany.
The SSG’s co-accused was also charged with adultery. He accepted Article 15 with the advice of his military JAG lawyer. The co-accused was found guilty and sentenced to a reduction in rank, 45 days of restriction, 45 days of extra duties, and to forfeit 1/2 month’s pay for 2 months. After the unit returned from the tour in Germany, Bilecki’s team made contact with the military justice section at Fort Stewart, Georgia and began preparations to travel there to try the case. Prior to trial, the charges were dropped, and the Army SSG was transferred to another unit and continues to train and lead soldiers today.
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