Legal Question in Military Law in South Carolina

I am on my 4th month of a "Indecent Assault" case being investigated by NCIS as a suposive result of a recruits exit interview. They have tried to get me to make a statement twice now and I have informed them I do not with to make one. I have repetivly been told, "We are waiting to interview (insert whatever number you wish) more people." I have not been charged with anything and am on an indefinate MPO preventing me form useing base services. Sense apparently NCIS can take as long as they need. Is there any method I could use to possibly bring this to a close? I have PCS orders in DEC and am being forced to go forward with them as if nothing is happening. They are expensive things to prepair for and I dont want it to all be for not.


Asked on 9/27/12, 11:03 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Sometimes these things drag out simply because they do not have a case against you. NCIS investigations often are not designed to find the truth abut what did or did not happen, but rather to make a case against you. It is good that you did not make a statement - that is exactly what they want. If you say anything, they will try to disprove it or show you lied. The fact that this investigation is dragging on may indicate that they can't find anything.

I know it is hard to be in limbo like this but there is nothing you can really do about it. The fact that you have PCS orders is a good thing as it gives them a firm deadline. If they have a case and contemplate taking legal action against you, your orders likely would be canceled. As long as they are still in effect, that is a good sign for you. Things should be closed one way or the other before your orders take effect.

I hope this answers your questions. If you need any additional information, please feel free to contact me directly at [email protected] or 757-420-9321.

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Answered on 9/28/12, 9:00 am


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