Army Major’s Florida Prostitution Case Dismissed; Permanent GOMOR, Clearance Retained

Army Major’s Florida Prostitution Case Dismissed; Permanent GOMOR, Clearance Retained

September 2024

MacDill Air Force Base, Florida

Army Major – O-4

Allegations: Alleged solicitation of prostitution; Army GOMOR; parallel Florida civilian solicitation charge

Facts

An Army Intelligence Major at MacDill AFB was facing a parallel Florida civilian solicitation charge and an Army GOMOR arising from the same solicitation allegation. Maximum exposure on a referred court-martial: federal felony record, a punitive discharge, end of commission, and revocation of TS/SCI clearance ending the intelligence officer career.

The Government's case was that our client had responded to a fictitious online escort advertisement run by the Hillsborough County Sheriff's Office Human Trafficking Section, negotiated terms by text with an undercover deputy, entered the operational Tampa hotel room, re-negotiated the same terms in person, provided U.S. currency, and been taken into custody on the predetermined signal. Audio and video of the entire encounter were on the record. Florida charged solicitation under Florida Statute §796.07(2)(F). The Army characterized the same conduct as Article 134, UCMJ pandering.

Our client retained Bilecki the day of the arrest.

On the Florida track, we coordinated with Florida criminal defense counsel. The State Attorney's Office filed a Notice of Nolle Prosequi in late July 2024. The Florida criminal case was dismissed.

The Army track moved next.

The Commanding General issued a GOMOR in late August 2024 with intent to file permanently in the OMPF. We filed the GOMOR Rebuttal in mid-September 2024. Tim Bilecki asked the command to consider the arrest in the context of thirteen years as an Army Intelligence officer. The rebuttal presented his top block OERs, two combat deployments and intelligence watch assignment supporting a four-star command. It also documented his prompt disclosure to the security manager and enrollment in a human trafficking education program. Those were the grounds for asking the Army to limit further adverse action.

The GOMOR was filed in the AMHRR. The Show Cause Board did not follow. The Board of Inquiry did not follow. There was no administrative separation, no NJP, no court-martial referral, no officer elimination action.

The TS/SCI security clearance was retained.

Result: Florida criminal case dismissed via Nolle Prosequi. Army GOMOR filed. No court-martial. No AdSep. TS/SCI clearance retained.

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FAQ

Q: Why did the Army matter continue after the Florida case was dismissed?
The state prosecutor's decision ended that prosecution, but it did not decide the Army's administrative response. Bilecki coordinated with Florida defense counsel and then addressed the GOMOR separately. The rebuttal put the officer's service, deployments, evaluations, security disclosure and remedial work before the general.

Q: Was the GOMOR withdrawn or filed locally?
Neither. It was filed permanently in the AMHRR. No court-martial, NJP or officer elimination followed, and the Major retained his TS/SCI clearance. The result preserved his ability to continue serving, while leaving the permanent reprimand in his record.