Bilecki Arranges Army Doctor’s Return from AWOL and Honorable Resignation

Bilecki Arranges Army Doctor’s Return from AWOL and Honorable Resignation

July 2021

Fort Irwin, California

Army Captain – O-3

Allegations: UCMJ Article 92(2) Failure to Obey a Lawful Order; UCMJ Article 86 Unauthorized Absence

Facts

A Medical Corps Captain at Fort Irwin had been trying to leave the Army for two years and could not get the Army to let him go. He had been selected for promotion to Major. He had a documented record of mental and physical health issues that made him want a different career path. The Army's response was to keep saying no.

The timeline tells the story.

He filed an Unqualified Resignation in 2018, before his four-year obligation cleared. Rejected. He went AWOL for 24 hours in late 2019. He filed for medical retirement through a Medical Evaluation Board in 2020. The MEB came back in spring 2021 saying he was fit for duty. His command told him to resubmit a UQR. He did, in May 2021. The next month, the hospital commander told him the resignation was rejected for unknown reasons and that he was, as of that day, AWOL.

Then a Promotion Review Board started moving against him. Then his command issued lawful orders to report. He missed two of them. Almost two weeks off the books. The next thing scheduled was an Article 92(2) counseling that put GOMOR, NJP, court-martial, and Chapter 4 elimination under AR 600-8-24 in writing as the consequences of further noncompliance.

That is when our client retained Bilecki.

Bilecki picked up the phone. We called the local command at Fort Irwin and the SJA office, put the medical chronology and the rejected-UQR sequence on the line, and negotiated the path back. Our client returned to Fort Irwin and ended the AWOL.

From there we negotiated the exit.

The local command stepped off the Article 92 / GOMOR / Chapter 4 track. The Promotion Review Board pathway was closed by a Declination of Promotion in Lieu of PRB filed under AR 600-8-29 paragraph 8-1b. The Unqualified Resignation under AR 600-8-24, Chapter 3, Section II went up to HRC after Bilecki had addressed the return to duty, the disciplinary issues and the promotion review.

HRC accepted the resignation. The officer separated from active duty with an Honorable characterization. No UCMJ charges. No Article 15. No GOMOR. No PRB record on the OMPF. No Chapter 4 elimination action.

Result: HRC accepted the unqualified resignation. Honorable characterization. No UCMJ charges. No GOMOR.

---

FAQ

Q: What did Bilecki have to address before the Captain could leave the Army?
The Captain had two rejected resignation attempts, a fit-for-duty finding after medical review, an absence from duty and orders to report. Bilecki spoke with the command and SJA office, arranged his return to Fort Irwin and then negotiated the resignation. The officer also declined promotion in lieu of the pending promotion review.

Q: What was the outcome?
HRC accepted the unqualified resignation, and the Captain separated with an Honorable characterization. No UCMJ charges, Article 15, GOMOR or Chapter 4 elimination action followed. The account reports no Promotion Review Board result in his personnel file.