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October 2019
Tim Bilecki

Innocent Ingestion Defense Clears Marine Sgt of Charges for Wrongful Drug Use

Wrongful Use of a Controlled Substance
Okinawa, Japan
Marine Sergeant – E-5
The administrative separation board found no basis for misconduct, allowing the Sergeant to be retained in the Marine Corps.

In October 2019, a Marine Sergeant stationed in Okinawa tested positive for marijuana in a urinalysis test. This result led to his referral to an administrative separation board, with an initial recommendation for an Other Than Honorable (OTH) discharge.

To confront these serious allegations, the Sergeant retained a UCMJ Article 112a defense lawyer Timothy Bilecki. Bilecki’s team, ready to fight, traveled to Okinawa to represent the Sergeant in person at the board.

Bilecki presented a defense centered around the concept of innocent ingestion. Through this defense, Bilecki aimed to demonstrate that the Sergeant’s positive test result was not due to willful drug use but rather an inadvertent or unknowing consumption of marijuana.

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