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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18905
Experience:  Lawyer and current JAG officer.
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I am currently on Terminal Leave with a separation date at

Customer Question

I am currently on Terminal Leave with a separation date at the end of Dec. 2.5 weeks ago I was called by my former commander and notified that an allegation had come to light from 15 years ago. The allegations are Adultery and Conduct Unbecoming from 2001. They have opened a CDI to look into these allegations.
I have 2 questions 1. In the worst case scenario
I can't be Court Martialed nor NJP'ed based on the SOL. However, there is some kind of Grade Determination piece that I have seen. Can they drop me 3 ranks based on a 15 year old allegation. 2. I do not feel I need to provide an oral statement. I don't trust the CDI system, especially since it is based on "preponderence of evidence" NOT an actual cross exam. Would you stick to a written response versus oral?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

1. They can use any administrative process yes. None of those administrative processes, like reductions or separations, have a true statute of limitations because they are not criminal law actions.

2. I would make no statement at all if your concerns are about having your statement misinterpreted. If you intend on making a statement though, making a written statement is more controlled.

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