Another officer recommends no jail time for Bergdahl: do they know something we don't, or are there other motivations?

CPT Private RallyPoint Member — Sat, 10 Oct 2015 13:58:50 -0400

According to Army Times, Lt. Col. Mark Visger's report will recommend no jail time for Bergdahl and no punitive discharge. It also recommends a special court-martial which only allows for a maximum punishment of one year imprisonment and a bad conduct discharge. Do these officers that are speaking out know something we don't, or are there other motivations behind their suggestions?

Personally, I believe there is probably more to the story; however, we need to look at the long term issues that are going to come of this. If the Army doesn't give Bergdahl a punitive discharge, he will still be eligible for benefits. I also believe that it is highly likely that he could receive a medical discharge for psychiatric reasons and end up with a 70+% disability rating that will be paid for the rest of his life. That's not something I want to see come to fruition.

http://www.armytimes.com/story/military/crime/2015/10/10/lawyer-officer-recommends-no-jail-bergdahl/73726990/

Lawyer: Officer recommends no jail for Bergdahl

The officer presiding over the alleged deserter's Article 32 case says no to prison, punitive discharge

Response by CPT(P) Private RallyPoint Member made Oct 10 at 2015 2:02 PM

CPT(P) Private RallyPoint Member — Sat, 10 Oct 2015 14:02:25 -0400

There's always more to the story. It's hard to believe that this man is innocent though. Soldiers in his platoon clearly stated that he defected. It's clear to us what happened. There's more politics involved in this case that we'll never know about. It's sad, but justice will not be served.

Response by MSG Private RallyPoint Member made Oct 10 at 2015 2:05 PM

MSG Private RallyPoint Member — Sat, 10 Oct 2015 14:05:54 -0400

I will add my two cents to this. While I do not condone what he did that caused him to be captured, he was held prisoner for 5-6 yrs. Of course, the DON is going to way extreme by stating he needs to be executed. Is prison in the cards, some would say his time in captivity was enough for him. I, while not really much having any care for this "Soldier," do tend to agree. What I do think should happen is this: He should receive and Dishonorable Discharge. Forfeiture of all pay and allowances. No jail time, but to be under constant surveillance. And one hell of a hefty fine.

Response by MSgt Private RallyPoint Member made Oct 10 at 2015 2:17 PM

MSgt Private RallyPoint Member — Sat, 10 Oct 2015 14:17:34 -0400

It's all politics, both the Army and the administration will be disgraced if he is found guilty of all charges. Especially if he is sentenced to life, dishonorable discharge and forfeiture of all benefits and pay. I believe there will be those who have a strong will to side with him, that he has been through enough. They will cave and he will be allowed to retire medically with full benefits and no jail time. Again taking advantage of the American tax payer like he has since his recovery.

Response by SFC Everett Oliver made Oct 10 at 2015 3:26 PM

SFC Everett Oliver — Sat, 10 Oct 2015 15:26:59 -0400

PC be damned. If they want to call his 5 years of visiting with the Taliban jail time; fine...

But a Bad Conduct Discharge, No I would demand a Dishonorable.

Response by Sgt Tom Cunnally made Oct 10 at 2015 4:06 PM

Sgt Tom Cunnally — Sat, 10 Oct 2015 16:06:41 -0400

http://www.msn.com/en-us/news/us/officer-bergdahl-should-get-no-jail-time/ar-AAfj6gV?ocid=spartandhp

Response by Sgt Aaron Kennedy, MS made Oct 10 at 2015 4:10 PM

Sgt Aaron Kennedy, MS — Sat, 10 Oct 2015 16:10:08 -0400

Simply put. Yes, they absolutely do know things we don't. They have FAR more information in this story than the breadcrumbs the Media has been PROFITEERING off of since this began years ago.

The Media (et al) is a Profit Generating Organization. Repeat, the Media is a Profit Generating Organization. They do NOT have our (the People) best interest at heart. They have THEIR best interest at heart, and that is to sell one more story.

I will continue to reserve judgement until the final verdict comes out, and this is resolved... However based on General Dahl's initial comments, my running assessment is, "it's quite possible Sgt Bergdahl is just nuts." Not an excuse. Just an explanation. Doesn't change anything that happened, but it does modify the narrative... A LOT.

Response by LCDR Private RallyPoint Member made Oct 10 at 2015 5:37 PM

LCDR Private RallyPoint Member — Sat, 10 Oct 2015 17:37:07 -0400

I am sure they do know some things that we don't. Some of it will probably be made public later, some won't. I don't think we actually need to know. The problem is how public the whole thing's become.

Response by COL Jon Thompson made Oct 10 at 2015 6:09 PM

COL Jon Thompson — Sat, 10 Oct 2015 18:09:47 -0400

I was going to post the same question if it was not on here already. If this is indeed true, I think the Army owes it to all Soldiers to be open and forthcoming about why he does not get any jail time or not receive a no punitive discharge. In my opinion, to do otherwise would be a breach of trust with the rest of the Army. I also think this stinks of high politics since to convict him in a court martial would be embarrassing to the President. I can understand the push for no jail time but to let him off with a slap on the wrist, the Army should be ashamed.

Response by MSgt Private RallyPoint Member made Oct 10 at 2015 7:01 PM

MSgt Private RallyPoint Member — Sat, 10 Oct 2015 19:01:38 -0400

Brave men died because of him. I might Trump on this one. He sure seemed to be a happy traitor.

Response by SPC Private RallyPoint Member made Oct 10 at 2015 7:09 PM

SPC Private RallyPoint Member — Sat, 10 Oct 2015 19:09:25 -0400

Whether you like it or not, Bergdahl's obvious mental issues were exasperated as a result of his captivity. That means it is a service related condition that can be verified. To deny him medical benefits, even in the light of his misconduct, would set a bad precedent given the fact he was a detainee (or captive? not sure if there is any legal difference in the definition). Also there is a historical precedence to not severely punish former wartime prisoners or detainees, even if their conduct has been less than stellar unless they committed a gross violation in the Code of Conduct as a detainee. Lastly, I am sure that if Bergdahl were to be punished severely (long term prison sentence, denial of benefits, etc.) there could be findings that would cast the military and his former chain of command in a very negative light. Given what was reported about his personality he clearly should not have been allowed to join, and it is highly likely that his chain of command, at least at the platoon and company level are guilty at some level for failing to identify/react to warning signs that are obvious now after the fact.

This in no way implies that Bergdahl is guilt free. It just indicates that there are a lot of gray areas concerning the whole ordeal.

Response by LTC Stephen F. made Oct 10 at 2015 9:18 PM

LTC Stephen F. — Sat, 10 Oct 2015 21:18:39 -0400

If convicted of desertion Sgt. Bowe Bergdahl definitely should get prison time SSgt David Tedrow

Response by SSG Stephen Arnold made Oct 10 at 2015 11:58 PM

SSG Stephen Arnold — Sat, 10 Oct 2015 23:58:01 -0400

I don't care. The information provided by his own unit members indicates that he deserted. Therefore he should face the penalties for doing so.

Whether he was "imprisoned" or not by the enemy is irrelevant. He should NOT get credit for time served under the enemy. His penalties HERE should be served HERE.

Response by SPC Private RallyPoint Member made Oct 11 at 2015 12:28 AM

SPC Private RallyPoint Member — Sun, 11 Oct 2015 00:28:12 -0400

I don't think he should. Anyone who says otherwise should go back and review the historical precedence set for Prisoners of War, detainees, and peace time governmental hostages. Even in cases of misconduct, most of them were forgiven unless there was a serious breach of the Code of Conduct. Bergdahl did not commit such a breach during his captivity and the leniency being shown to him for deserting is exactly inline with the vast majority of deserters since WWII.

Response by SFC Mark Merino made Oct 11 at 2015 12:32 AM

SFC Mark Merino — Sun, 11 Oct 2015 00:32:05 -0400

When POTUS gives 5 bad dudes in exchange for an American, it would be very embarrassing for him if his own country gave him a lengthy prison sentence or the death penalty, even when that is exactly what he deserves. It is a lot easier to convince junior officers looking for career advancement to vote not guilty than taking even more heat by giving him a presidential pardon. Either way, I see him outlined in chalk within a few years if he walks away free. Some veteran who lost good friends in the GWOT will not let him go unscathed.

Response by SSG James Hunt made Oct 11 at 2015 12:34 AM

SSG James Hunt — Sun, 11 Oct 2015 00:34:15 -0400

He is a peace of shit. He should be given the death penalty. NO QUESTIONS. SSG HUNT USA.

Response by SSG Private RallyPoint Member made Oct 11 at 2015 7:15 AM

SSG Private RallyPoint Member — Sun, 11 Oct 2015 07:15:17 -0400

Shame how political this has been in a military court. No matter what we (soldiers) think, ultimately he walks free because it'll be too much civilian outrage

Response by SFC Joseph McCausland made Oct 11 at 2015 3:08 PM

SFC Joseph McCausland — Sun, 11 Oct 2015 15:08:16 -0400

It appears Bergdahl's lawyers have done their jobs and came up with the "defense" that his client didn't intend to remain away from his unit "permanently"... as Article 85 of the UCMJ requires to prove "desertion". The next higher authority the recommendation goes to now, will probably "rubber-stamp" the recommendation of the lower court; especially with the "pressure" coming from the "Highest Command".
What is very said, is at worst, Berdahl will walk away with the same discharge "classification" as those first offender's who tested "positive" on a drug test and at best full benefits to include "backpay", which would be an affront to those of us who received an honorable discharge.
In any case, unless this is overturned and recommended for a General Court Marshalls, the outcome and Bergdahl's non-punitive punishment, will set a "dangerous precedent" for any similar cases that follow....not to mention our military's "esprit de corps".

Response by SSG Warren Swan made Oct 11 at 2015 3:41 PM

SSG Warren Swan — Sun, 11 Oct 2015 15:41:34 -0400

First off I want to say I DO NOT like this man. I DO NOT like what he did, DO NOT like the fact that lives were lost looking for him, nor the fact that we traded lives for him. With that said my personal feelings do not matter. No one's does. If you're Army (and I'm sure the sister services have this too), you know with this Creed we couldn't leave him there knowing he's alive (which the US did for years). So with this in mind, the POTUS did what had to be done (you do not have to like it), and the Army got back her "Soldier". Now had we left him there and it got out (which it always does), the Army would've lost face with the troops for knowing where he was and not using every option to get him back. The Army will also loose faith and trust in the force by not convicting him and allowing him to "retire" with rank, backpay, and future benefits intact. So now we're in a catch 22 where there is no right answer. There's more to this, and I believe for the sake of the Army the service tells the story before a "tell-all" book is released with misinformation. I think and believe the Army has suffered enough behind this and it's time to close the door and move on.

Response by Sgt Tom Cunnally made Oct 11 at 2015 3:44 PM

Sgt Tom Cunnally — Sun, 11 Oct 2015 15:44:35 -0400

Not sure this is going to stand?? The Army has yet to make a final decision on Bergdahl's case..

Response by SGT Jose Perdelia-Torres made Oct 12 at 2015 8:54 AM

SGT Jose Perdelia-Torres — Mon, 12 Oct 2015 08:54:54 -0400

double posted...

Response by SGT Jose Perdelia-Torres made Oct 12 at 2015 9:02 AM

SGT Jose Perdelia-Torres — Mon, 12 Oct 2015 09:02:16 -0400

It is utterly ridiculous in my opinion and shameful. His platoon members knew him better than anyone, and they know that he is a deserter. I will not give him a rank or grade, he is not worthy of them.

I need for the information to be released, but with the journals and a history of this behavior documented (my understanding based on media coverage), it should be a no-brainer that he is guilty of desertion and possibly treason ( I think you need a few witnesses for this).

Response by SPC Mara Manzer (Spurgin) made Oct 12 at 2015 9:10 AM

SPC Mara Manzer (Spurgin) — Mon, 12 Oct 2015 09:10:56 -0400

Response by SSG Private RallyPoint Member made Oct 12 at 2015 11:51 AM

SSG Private RallyPoint Member — Mon, 12 Oct 2015 11:51:28 -0400

Sad to say but when he walks free into hiding, it will be the biggest slap in the face to the military ever!!!!

Response by MAJ Jim Woods made Oct 12 at 2015 2:26 PM

MAJ Jim Woods — Mon, 12 Oct 2015 14:26:45 -0400

DD and forfeiture of all pay and allowances back to his "capture" date would work. I know this, he is not welcome back in Idaho. I guess he missed his "woobie".