From the USMC Statement at the link above:
On October 18, 2007, NCIS recommends no disciplinary action be initiated on the alleged rape until forensic evidence DNA can be retrieved from the child. Cpl Laurean denied having any sexual contact with LCpl Lauterbach and this was believed to be significant evidence.
On October 22, 2007, the regimental commander submits a request for legal services requesting prosecutors review the investigation and provide a recommended Course of Action with an eye towards an Article 32 investigation. An Article 32 investigation allows for witnesses to testify under oath and subject to cross examination. An accused is present and represented by counsel.
As Dick (Vomer) says,
I’d hit it.
(The hay, that is : )