Posted on Oct 10, 2015
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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/
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SSG Instructor
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Sad to say but when he walks free into hiding, it will be the biggest slap in the face to the military ever!!!!
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SPC Mara Manzer (Spurgin)
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Sgt Tom Cunnally
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Not sure this is going to stand?? The Army has yet to make a final decision on Bergdahl's case..
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SFC Joseph McCausland
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Edited 10 y ago
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".
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SSG Instructor
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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
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SFC Mark Merino
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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.
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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.
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CPT Advisor
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How do you know he didn't commit a serious breach of the Code of Conduct?
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SPC (Non-Rated)
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CPT (Join to see) - He would have been charged with treason if he did among other reasons.
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SSG Stephen Arnold
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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.
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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.
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I think it depends on how you characterize his service after he deserted. Say I went AWOL here at home, and I was injured while I was absent, I don't think I would be eligible for benefits. I know it's somewhat semantic, but most of the rule of law is. I do see your point though. When you are talking about historical precedent of detainees getting off lightly, those are detainees that have been captured first and committed disreputable acts while detained. The extenuating circumstance being that they were in enemy captivity first. Bergdahl deserted first and then became a "POW." As far as his chain of command being cast "in a very negative light," I say release the report of the investigation and let the chips fall where they may. Screw the politics.
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Ah, but there you have touched on the subject. Desertion is not something the US really prosecutes, just like going AWOL unless there was another crime involved. The difference between the scenario you proposed and the one that involves Bergdahl, is that Bergdahl did it during a deployment, and it did not involve cowardice in the face of the enemy. In other words, he didn't abandon his unit in the middle of a fire fight. You are right though, there is a level of semantics here.
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COL Jon Thompson
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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.
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COL Jon Thompson
COL Jon Thompson
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SGT Jess Marlow - Personally, I believe he should be imprisoned if he is found guilty. But I can also see the other side of the argument in that he spent 5 years already. I think it would be a travesty if he gets off with no jail time or a punitive discharge. There will be many who will be disgusted if he gets off with nothing and if that happens, I hope the Army leadership gives a clear explanation of why.
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