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February 2020
Tim Bilecki

Army SPC Fails Multiple Drug Tests, Bilecki Secures OTH Discharge

Wrongful Use of a Controlled Substance, Violation of a General Order
Schofield Barracks, Hawaii
Army Specialist – E-4
Chapter 10 Approved.

An Army Specialist stationed at Schofield Barracks tested positive on multiple urinalysis tests for controlled substances and controlled substance analogues. He was subsequently charged at a general court martial with multiple specifications of wrongful use of a controlled substance under Article 112a, UCMJ, and violating a general order under Article 92, UCMJ, and placed in pre-trial confinement at the Ford Island Naval Brig in Pearl Harbor.

After being charged, the Soldier retained civilian defense counsel Tim Bilecki and sought a way to quickly exit confinement and avoid a federal conviction if possible. After reviewing the case and acknowledging the challenge of disputing multiple failed urinalysis tests in court, we negotiated with the Staff Judge Advocate (SJA) office and pursued a discharge under Chapter 10 of AR 635-200. This provision allows a Soldier to request discharge in lieu of court-martial. Consequently, all charges and specifications against him were withdrawn and dismissed, leading to his discharge as an E-1 with an other-than-honorable discharge.

The approval of the Chapter 10 resulted in the charges being dismissed and our client being released from confinement. This was a significant outcome for the Soldier, as it secured his immediate release from confinement and enabled him to avoid a federal conviction.

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