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HEIDELBERG, Germany — Sexual assault charges against a Heidelberg-based sergeant accused of performing oral sex on a soldier he met on temporary assignment have been dismissed.

A charge of forcible sodomy against Sgt. William Chamberlain was dismissed this month after an Article 32 hearing. The presiding officer in the case decided there was insufficient evidence to proceed to a court-martial.

Capt. McKeal Rodgers, in a recommendation memo to the commander of U.S. Army Garrison Heidelberg, wrote that the accuser in the case, a military police officer with the rank of specialist, was too drunk to remember whether he gave consent.

According to Rodgers’ memo, the MP “doesn’t know what he said due to his level of intoxication.” According to the memo, which had several parts redacted, “[his] response was ‘I don’t know if I said yes, no, this or that.’”

Rodgers also wrote that the accuser testified he wasn’t intimidated by Chamberlain, held down or threatened, but he was “cognizant of events,” so force was not used.

Rodgers sent his recommendation on May 8 to Col. Willie Gaddis, who dismissed the charge on May 18, according to documents.

Chamberlain, 26, the driver for Installation Management Agency-Europe Command Sgt. Maj. Teresa King, and the 22-year-old Netherlands-based MP met Jan. 23 during an evasive-driving course in Germany.

It was the MP’s first TDY, he testified in the pre-trial hearing, and both he and Chamberlain started drinking heavily before lunch. The two ended up in the MP’s hotel room to smoke a cigarette.

Chamberlain was arrested asleep on a bed after the MP said he awoke and called authorities.

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Nancy is an Italy-based reporter for Stars and Stripes who writes about military health, legal and social issues. An upstate New York native who served three years in the U.S. Army before graduating from the University of Arizona, she previously worked at The Anchorage Daily News and The Seattle Times. Over her nearly 40-year journalism career she’s won several regional and national awards for her stories and was part of a newsroom-wide team at the Anchorage Daily News that was awarded the 1989 Pulitzer Prize for Public Service.

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