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November 2011
Tim Bilecki

Army Surgeon Investigated for Use of Drugs on Duty Gets No Criminal Charges

Wrongful Use of Controlled Substance, Inhaling Nitrous Oxide and Other General Anesthetics While on Duty
Tripler Army Medical Center (TAMC), Hawaii
Army Major – O-4
No court martial charges preferred, resolved with suspended GO Article 15.

Court martial lawyer Tim Bilecki was retained as an Article 112a UCMJ military drug defense attorney after our client, an Army surgeon, was investigated for using nitrous oxide and other general anesthetics while on duty. The nature of this allegation was incredibly serious, as a charge for wrongful use of a controlled substance could have potentially cost this physician his medical license.

After conducting our own investigation, attorney Bilecki responded to the initial AR 15-6 investigation with a lengthy memorandum that exposed what we believed to be a culture of substance abuse among surgical residents at TAMC and explained our client’s position with regard to the alleged substance abuse.

No Court Martial Charges Preferred

The AR 15-6 Officer then drafted her findings, which essentially disregarded our initial memorandum. We then filed a rebuttal that encompassed nearly 150 pages of documents supporting our position and again exposing a culture of substance abuse at TAMC.

Based on our rebuttal and aggressive posture, our client was not charged at a court-martial but rather given a General Officer Article 15. Never relenting, we met with the Commanding General in person at the Article 15 and advocated for our client.

Thanks in part to our meeting with the Commanding General, the Article 15 was suspended, and an investigation was launched into other individuals at TAMC.  Months after this subsequent investigation, the Article 15 and all criminal charges against our client were dropped. Our client was given a local letter of reprimand, and he is still practicing medicine.

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