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Who knows the answer to this question?
Posted in these groups: 
Bergdahl
Unauthorized Absence
Bergdahl Unauthorized Absence
Edited 10 y ago
Posted 10 y ago
Responses: 25
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MAJ Robert (Bob) Petrarca
Thanks SFC Swartz. Until we get this young man's "sordid past" figured out, from what we know, that in my opinion was his status.
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CPT Pedro Meza
MAJ Robert (Bob) Petrarca - It is two years later and his Court Martial is attempting to answer that question while the Coast Guard laughs.
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MSG (Join to see)
No seriously Major ... a little heads up next time. I just laughed so hard I spit my coffee on a rather pricey Mac screen!
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As I recall, by the UCMJ, if you are UA/AWOL for more than 30 days, you are considered a deserter. Therefore, if he did, indeed, walk off his post to go seek comfort from the enemy, then he is not only a deserter through the UCMJ, but the Code of Conduct as well
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1stSgt Eugene Harless
AWOL and UA are in essense they same thing. It is considered desertion if the perception is that you don't intend to return of your own free will. Generally the rule was that on the 30th day of UA (USMC) you would be considered a deserter. The Unit would make a unit Diary Entry and you would be dropped from the rolls and administratively you would be under Headquarters Marine Corps.
The major reason for this is that is you are simply UA (AWOL) you are carried on the unit roster and can't be replaced. Once you are dropped they can replace you with another Marine.
The major reason for this is that is you are simply UA (AWOL) you are carried on the unit roster and can't be replaced. Once you are dropped they can replace you with another Marine.
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1stSgt Eugene Harless
1stSgt Eugene Harless - And of course in a Combat zone the Deserter designation is used much faster.
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CPT John Sheridan
PO2 Rocky Kleeger - the 30 day threshold is an administrative classification, not the crime. At 30 days, AWOL status is changed to deserter on the duty roster. The crime requires a conviction and that requires establishing intent. Specifically, the court must be satisfied that defendant intended to never return. Length of time missing, where he was, and circumstances of return all come into play. A soldier that returns on his own, generally cannot be charged as a deserter. An AWOL soldier captured just a couple of miles off post is usually not considered a deserter.
In Sergeant Bergedahl's case, he is charged with desertion, but the court with likely have to consider that the debriefers, the psychologists, MG Dahl (the investigator), and LTC Visger (hearing officer) all believed that he had intended to return. MG Dahl and LTC Visger recommended and referred the case to the convening authority only a Special Court Martial, and no jail time. The convening authority, General Abrams decided on a General Court Martial.
He wasn't charged for treason, because there is no evidence that he cooperated with his captors and he provided good intelligence in the debriefing. Probably the strongest charge is Misbehavior Before the Enemy.
In Sergeant Bergedahl's case, he is charged with desertion, but the court with likely have to consider that the debriefers, the psychologists, MG Dahl (the investigator), and LTC Visger (hearing officer) all believed that he had intended to return. MG Dahl and LTC Visger recommended and referred the case to the convening authority only a Special Court Martial, and no jail time. The convening authority, General Abrams decided on a General Court Martial.
He wasn't charged for treason, because there is no evidence that he cooperated with his captors and he provided good intelligence in the debriefing. Probably the strongest charge is Misbehavior Before the Enemy.
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Honestly I think the only people who really know are Bergdahl and those guys on that COP/FOB with him. Now we are seeing a lot of stuff played out on the media (which ever group subscribe to) as to interviews from TM/SQD/PLT mates, folks are saying they do not know either.
I think there will be in an investigation, I believe that for a fact. What I also believe is that IF and I will restate that IF there was misconduct on Bergdahl's part as in he willfully deserted his unit, big Army and the general public will never know. I think the results will be classified and it will filed away under executive privilege and that will be the end of it.
What does intrigue me, and this may be SOP, as I have never dealt personally with this, was the unit members being made to sign Non Disclosure Agreements. I haven't heard of this from other instances where Soldiers were MIA.
I think there will be in an investigation, I believe that for a fact. What I also believe is that IF and I will restate that IF there was misconduct on Bergdahl's part as in he willfully deserted his unit, big Army and the general public will never know. I think the results will be classified and it will filed away under executive privilege and that will be the end of it.
What does intrigue me, and this may be SOP, as I have never dealt personally with this, was the unit members being made to sign Non Disclosure Agreements. I haven't heard of this from other instances where Soldiers were MIA.
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Sgt Carlos Barrera
Very simple; you don't abandon your post. He walked away and left his gear.
Regardless of how the situation is on that post; you do not abandon your fellow soldiers and "justify it" by saying it was to get attention to the situation. He is not only a deserter but a COWARD!!!
Regardless of how the situation is on that post; you do not abandon your fellow soldiers and "justify it" by saying it was to get attention to the situation. He is not only a deserter but a COWARD!!!
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Our system has become so corrupt we may never know. I fought bled an almost died in two wars (Korea &Vietnam) because I believe this was the greatest country on earth, I still believe that and would do it all over again (Maybe I could do it a little better). I just hope this generation will stand up and be counted and turn this great country around. I thank all you Guys & Gals for your service.
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Suspended Profile
I hope Bergdahl knows. But, it has been five years. Who knows what he remembers.
PO2 Rocky Kleeger
According to his father, he forgot how to speak English, until he was 21 and got captured. How do you forget your native tongue that you grew up with for that long? My great grandmother spoke four languages, and as she got older she kept switching from one to the other - in mid sentence - however, the one she went back to the most was the one she was raised with. Either someone is lying, or he defected and deserted. I still feel he deserves a trial, however it looks more and more like the evidence is weighing against him
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Suspended Profile
My impression, he spoke English until capture but had no practice during captivity. Warmest Regards, Sandy
CPT John Sheridan
I have first hand experience with the language thing. My son, after high school graduation, went to live in Germany for a while. I visited when he had been there six months. He had not spoken English for the entire time. For the first couple of days, he struggled with it as he had to translate his thoughts from German to speak English to me.
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I find it strange that his father somehow is completely fluent in the language of his captors... How many Americans speak Arabic, especially specific dialects, without special training let alone their parents......
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In reality, only SGT Bergdahl knows for sure. His fellow Soldiers have an idea of what happened, and there is supposedly a written note/letter out there somewhere that he left behind. I have tried to keep an open mind about this while issue, but even when the disappearance/capture first occurred, there were grumblings of him "walking away from his post". The more info that comes out the more I believe that he did desert his post, but he is the only one that knows for sure.
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SPC Robby Robinson
Coward? Surrendering to the Taliban is 99% of the time a death sentence (and in a brutal way at that)
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I have my own opinion about the answer to that question, which I will not delve into here, suffice it to say I was in AFG at the RC-East HQs at the time this happened.
Here is a link to a story from one of the guys in his unit at the time, feel free to read and draw your own conclusions. From a non judgemental standpoint about Bergdahl himself, I will say that I think that no matter what the "truth" is, he is not likely to be punished. This has become too political for the process to work correctly. He will likely be medically retired from the Army, receive full benefits, get out, and write a book telling "his side" of the ordeal, which I hope no one will buy.
http://www.thedailybeast.com/articles/2014/06/02/we-lost-soldiers-in-the-hunt-for-bergdahl-a-guy-who-walked-off-in-the-dead-of-night.html#
Here is a link to a story from one of the guys in his unit at the time, feel free to read and draw your own conclusions. From a non judgemental standpoint about Bergdahl himself, I will say that I think that no matter what the "truth" is, he is not likely to be punished. This has become too political for the process to work correctly. He will likely be medically retired from the Army, receive full benefits, get out, and write a book telling "his side" of the ordeal, which I hope no one will buy.
http://www.thedailybeast.com/articles/2014/06/02/we-lost-soldiers-in-the-hunt-for-bergdahl-a-guy-who-walked-off-in-the-dead-of-night.html#
We Lost Soldiers in the Hunt for Bergdahl, a Guy Who Walked Off in the Dead of Night
For five years, soldiers have been forced to stay silent about the disappearance and search for Bergdahl. Now we can talk about what really happened.
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PFC Terry Kuehner
this pos deserve a firing sqaud and whats worse is Obama traded some of his brother's to get him back but wont get 1 of our Marines out of jail in Mexico
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