Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.
Yes, she is allowed to use the fact that you've bought the item before against it. It's not conclusive evidence, but it is called circumstantial evidence.
If you combine the fact that you've bought the item and the fact that someone is saying that you have huffed the item, that could lead a commander or potentially a jury to believe that you did it.
Now, I won't say that it is strong evidence at all, but it is evidence and can be used against you to try and develop a case for use.
What you should do is stop talking to them. Invoke your Article 31 rights to silence. Many people that only guilty people do that, and that's simply false. When you speak with your command, they are only trying to get information out of you that is helpful to them. If you admit to anything that they can use against you, they will, even if your overall statement is that you didn't use. Their only looking for things that you say that go along with their theory and they'll ignore anything that you say that doesn't.
They have to prove their case, so don't help them do that by talking to them. They always have a way of getting you to admit to things that seem harmless, because they are not admissions of a crime, but in the end it works against you.
I bought two cans, that I had used for my electronics, there is no witness that saw me use it its just theory like you said so I should just not talk, I really don't want to get kicked out the marine corps for something I didn't do
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).