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Hill Air Force Base Court Martial Defense: Defending the Airmen of the F-35 Wings and the Ogden Depot

An F-35A landing at Hill Air Force Base, Utah (2015).
An F-35A landing at Hill Air Force Base, Utah (2015).Photo: U.S. Air Force / Todd Cromar · Public domain
Source and image details150902-F-LS255-156 (21324875700)Full frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

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Hill Air Force Base: Fighters and the Logistics Heart of Utah

Between Ogden and Layton along the Wasatch Front, Hill Air Force Base is two missions on one installation: the 388th Fighter Wing and the Reserve 419th Fighter Wing, the first combat-coded F-35A units in the Air Force, and the Ogden Air Logistics Complex, a vast depot that overhauls F-16s, F-35s, A-10s, and Minuteman III missiles. It is the largest single employer in Utah, a mix of fighter pilots, maintainers, and a huge engineering and acquisition workforce. Families settle in Layton, Clearfield, Roy, and Ogden in a conservative, heavily LDS community with world-class skiing minutes away. A base this important to the Air Force will protect its standards and move hard against an Airman who steps wrong.

Military defense is all Bilecki Law Group does, and Airmen fly us in from our office in Tampa because a contested court martial is decided by trial experience, and we bring it wherever the case is.

Utah's Own, Forged on This Ground

The standard here is set by one of Utah's own, George E. Wahlen, a Navy hospital corpsman who began as an aircraft mechanic and crew chief at Hill Field before the war. On Iwo Jima, wounded again and again over several days, Wahlen kept moving ahead of the front lines to treat and carry wounded Marines to safety, and even after a leg wound left him unable to walk he crawled to reach a casualty. He gave everything to keep other men alive. He started on this ground and became Utah's last living Medal of Honor recipient, and that devotion is the standard we bring to a case at Hill.

Why Airmen at Hill Bring Us In

We win court martial cases. Military defense is all we do, and Airmen fly us in from all over the country because of our trial record. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a base this central to the Air Force will make an example of an Airman to protect its standards. For a rated F-35 pilot there is a second front, because a Flying Evaluation Board can pull you off flying status on a standard far below a conviction, so the criminal case and the career run on parallel tracks. A serious case is investigated by the Office of Special Investigations, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your command but goes to an independent Special Trial Counsel. The Area Defense Counsel may be capable but carries a heavy caseload inside the same system, which is why Airmen serious about winning bring in their own counsel.

UCMJ Charges We Defend at Hill Air Force Base

The charges below are the ones we see most often at Hill, not the only ones we defend. If you are facing a different UCMJ allegation, we handle that too.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). These allegations route to an independent Special Trial Counsel now, and the command treats a report as established before the investigation is finished. These cases demand counsel who will run an independent investigation and contest the case rather than let the allegation stand in for proof, because a conviction can mean confinement and a federal record, with registration required for a covered sex offense under the applicable federal and state law.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b is charged as aggressively as any offense in the UCMJ since the Office of Special Trial Counsel took these cases over. It covers a spouse, an intimate partner, or a family member, and it treats strangulation or suffocation as its own charge that the government can bring even with no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end an Air Force career because an Airman has to be able to carry a weapon. We also defend assault under Article 128, where self defense is a recognized defense.

Larceny and Government Property (UCMJ Articles 121 and 108). A fighter wing and a major depot are issued and sign for an enormous amount of aircraft parts, tools, and controlled material, and accountability is taken seriously. The government treats missing gear, an item that cannot be reconciled, or property that walked off as larceny under Article 121 or wrongful disposition of military property under Article 108, but a shortage on an inventory is not the same as theft, and the government still has to prove the state of mind required by the charged offense: intent for larceny or fraud, or negligence where Article 108 permits it, not just that something cannot be found.

Drugs and Off Duty Conduct (UCMJ Articles 112a and 134). Drug cases often turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. Utah is stricter than most states on simple possession, marijuana is medical only and a positive test is still a court martial offense under Article 112a, and for aircrew a drug allegation can trigger a suspension of flying duties and a separate review of flight status. A positive test is evidence the government may use to argue knowing, wrongful use, not an automatic finding of guilt, so the collection, the chain of custody, and whether any use was knowing all remain the government's to prove.

A Career and a Reputation Worth Defending

We do not pretend that every Airman who calls us from Hill is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, the Area Defense Counsel can handle it, and we will tell you so honestly. But when the case is serious, everything is on the line at once: your career, your wings, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and the applicable sentencing parameters tie a confinement range to the offense, two and a half to ten years for sexual assault and ten to twenty for rape, that a judge can depart from only by stating specific facts in writing, on top of any required or adjudged punitive discharge and, on a covered sex offense, sex offender registration. That is why you fight. The court’s jurisdiction and the convicted offense determine which sentencing rules apply; some offenses use separate sentencing criteria rather than these ranges.

If you are facing an investigation or court martial at Hill Air Force Base, reach out for a free, confidential strategy session. We will tell you exactly what you are facing and how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

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FAQ

OSI wants to interview me at Hill. Do I have to talk to them?
No. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both before the interview begins. OSI is gathering evidence, not offering a chance to explain, and a statement can drive the criminal case and an action against your flying status at the same time. Decline, ask for the Area Defense Counsel or your own lawyer, and say nothing until you have one.

I fly the F-35 at Hill. If I beat the charge, can I still lose my wings?
Yes, because a Flying Evaluation Board is a separate proceeding on a lower standard than a conviction. You can win the court martial and still lose flying status if the board side is not fought, which is why the underlying allegation has to be defended on both fronts from the start. We handle the criminal case and the aviation board together.

I have a Utah medical marijuana card and I own firearms. Is that a problem?
Yes, and it is a serious one. Utah law may allow the card, but federal law prohibits firearm possession by an unlawful user of marijuana, and a knowingly false material answer on the federal firearms form can be a felony. A marijuana card can give a dealer reason to refuse a transfer, but the card alone does not prove that a purchaser gave a knowingly false answer; for a service member any use remains a court martial offense under Article 112a regardless of the card. Talk to a defense lawyer before you make a statement, because these cases can stack a drug charge and a firearms charge on top of each other.

Mr. Bilecki and Mr. Gold are by far the best legal team I have encountered in my entire career. My legal situation lasted almost one year and ended with the best case scenario; Full Acquittal! … Both Tim and Ben are very responsive to emails, text, and phone calls. Due to me being overseas and the time difference, they always made accommodations for a conference call that was convenient for me. When it came down to the actual trial, Mr. Bilecki was a superstar.

Rafael L.

Rafael L.

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Prior results do not predict future outcomes. A prospective client may not obtain the same or similar results.