If this matter was handled without police involvement, the there is no record. Be sure to listen carefully when the recruiter asks about your past, most likely he/she is only going to want to know about past CONVICTIONS or ARRESTS. Since this incident was neither a conviction or an arrest, it wouldn't be necessary to disclose it.
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Whether you can live off base is a matter entirely within the discretion of your commanding officer. This discretion is very broad, but not completely unfettered. You should start off by asking permission to live off base from your chain of command. If you are told "no" and you feel that the response to your request is unfair, you have the right to complain directly to your commanding officer. This is a formal complaint made in writing and your CO's response should also be in writing (in...
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The answer depends on where on base the alleged offense took place. Many bases have areas of concurrent jurisdiction in which the state can assert it's right to prosecute. Because the alleged offense is over 5 years old, the statute of limitations (SOL) may apply, however the SOL may not apply in certain serious crimes or may depend upon other factors, especially in the case of sex offenses.
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I agree with my colleagues that your separation plan sounds complex. Accordingly you should consult with an attorney. You are entitled to free legal representation by the military while you are still a military dependent. Marital separation agreements are something that almost all legal assistance offices throughout the military are capable of doing. You should contact the nearest one immediately for legal advice.
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If you're on active duty then I'm assuming you're a legal immigrant. Active duty service members' applications for citizenship receive expedited review. If you are an illegal immigrant then your enlistment may be fraudulent which a UCMJ offense. If you are an illegal alien, I suggest you speak to an attorney who practices immigration law and military law.
If you haven't already, you need to visit your local legal assistance office on base. As an active duty service member you are entitled to the assistance of a qualified active duty attorney who practices in immigration law -- free of charge.
The military is not above the law, if they have violated regulatory or statutory law then there are remedies available. Whether or not you can sue them depends largely on your status; in most cases members of the armed forces cannot sue the military but their dependents often can if the harm done to the service member affects them as well. I'd recommend consulting with an attorney to determine what courses of action you might have available.
I agree that your fact pattern is inadequate to give any specific advice. I would recommend you speak to a military attorney at your local legal services office. You may be eligible to file a complaint of wrongs pursuant to Article 138,UCMJ.
I wholeheartedly agree that speaking to an attorney at this point of the investigation is prudent. If you haven't been interviewed yet in the ongoing investigation, there is an excellent chance that you may be a suspect. A suspect is typically interviewed at the end of an investigation after the government has already built it's case against him or her. If you are interviewed and if you are informed that you are suspected of committing an offense, then the purpose of that interview will most...