Military selects rarely used charge for Bowe Bergdahl case.

2015-09-07T11:15:35-04:00

From: Military Times

RALEIGH, N.C. — Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl.

Observers wondered for months if Bergdahl would be charged with desertion after the deal brokered by the U.S. to bring him home following years in Taliban captivity.

In addition to a desertion charge, Bergdahl is also accused of misbehavior before the enemy, a much rarer offense that carries a stiffer potential penalty in this case.

Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he left and triggered search operations.

Misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled in conflicts since then.

http://www.militarytimes.com/story/military/2015/09/07/military-selects-rarely-used-charge-for-bowe-bergdahl-case/71837020/

Military selects rarely used charge for Bowe Bergdahl case

Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan.

Response by SSgt Alex Robinson made Sep 7 at 2015 11:18 AM

2015-09-07T11:18:04-04:00

He deserves life at Leavenworth for his criminal actions

Response by SFC Joe S. Davis Jr., MSM, DSL made Sep 7 at 2015 11:18 AM

2015-09-07T11:18:27-04:00

Misbehavior before the enemy would be appropriate for the crime, pending he acted solely on his own accord. With politics, I don't see it going anywhere.

Response by SN Greg Wright made Sep 7 at 2015 11:19 AM

2015-09-07T11:19:45-04:00

Good. Throw the book at this POS.

Response by LTC Private RallyPoint Member made Sep 7 at 2015 12:11 PM

2015-09-07T12:11:53-04:00

I wonder if this is to make it harder to prove (an easier way to let him off) or for a harder punishment....I hope for the later!

Response by SFC Everett Oliver made Sep 7 at 2015 12:21 PM

2015-09-07T12:21:39-04:00

We need to stop playing PC games with this guy and finish up the courts martial, so we can lock him up and weld the door shut.

Response by Sgt Tom Cunnally made Sep 7 at 2015 12:58 PM

2015-09-07T12:58:24-04:00

I thought several Army JAG Officers said that the White House doesn't want Bergdahl to serve any prison time. They said he has done enough time already in prison...

Response by TSgt Kenneth Ellis made Sep 7 at 2015 1:10 PM

2015-09-07T13:10:05-04:00

If Obama had not given up 5 important prisoners. Called the worst of the worst. And paraded his parents in a Rose Garden ceremony. And Bragged about it. And his dad starts talking in there language saying how prowled he is about his desertion. And Obama ordering the Pentigon to drag there feet. Hoping we will forget. The families of the soldiers that died looking for him will not forget. He needs to be imprisoned for life. And to serve as an example of any American who fights for our enemy.

Response by SPC Private RallyPoint Member made Sep 7 at 2015 1:24 PM

2015-09-07T13:24:56-04:00

Firing squad? :-D

Response by SPC John Decker made Sep 7 at 2015 1:55 PM

2015-09-07T13:55:55-04:00

Why would the punishment for Desertion be less than any other charge?

Response by CSM Michael J. Uhlig made Sep 7 at 2015 3:07 PM

2015-09-07T15:07:22-04:00

This additional charge is good news. The chance for conviction just increased with another severe charge being levied, job well done. Now, let's get the trial started....it is Hammertime!

Response by SSG Private RallyPoint Member made Sep 7 at 2015 5:17 PM

2015-09-07T17:17:44-04:00

Hang him.

Response by CPT Aaron Kletzing made Sep 7 at 2015 8:47 PM

2015-09-07T20:47:03-04:00

Never even heard of this charge before. Pretty interesting.

Response by SPC John Lanning made Sep 7 at 2015 8:51 PM

2015-09-07T20:51:17-04:00

The sad part of this is that Bergdahl has become such a political football, the White House and his minions at the Puzzle Palace (which has consistently dragged their feet on this) will continue to stall for as long as possible. Obama has credibility tied into this jackass, so I can see one of two things......1) He will be forced to plead to some minor charges like being AWOL, or 2) after conviction, Obama will break out his "pen and phone" and pardon the guy on his last day in office.

Response by SGM Steve Wettstein made Sep 8 at 2015 5:33 AM

2015-09-08T05:33:01-04:00

About damn time. He needs to get hammered for what he did.

Response by SGT Private RallyPoint Member made Sep 8 at 2015 12:45 PM

2015-09-08T12:45:46-04:00

I'm all for innocent until proven guilty. What's the hold up for trial? It's been at least 15 mos. since his return.
To quote MASH's Col Potter, "Horsehocky".

Response by SGT Private RallyPoint Member made Sep 8 at 2015 2:45 PM

2015-09-08T14:45:39-04:00

More on Bergdhal, which is BS. Nobody died while looking for Bergdhal?
Bowe Bergdahl, the soldier who abandoned his post in Afghanistan only to be held captive by the Taliban until Barack Obama traded five jihadis for his release last year, was charged with both desertion and now also a rarer crime — misbehavior before the enemy. CBS News explains the significance: "Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he 'left without authority; and wrongfully caused search and recovery operations.' Observers say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm's way." That is indisputable as far as we're concerned. But the next sentence in the CBS report is astounding: "The Pentagon has said there is no evidence anyone died searching for Bergdahl." That's preposterous. Beyond the soldiers who died fighting and capturing the Taliban Five, at least six Americans lost their lives in operations to recover Bergdahl. Their names are PFC Matthew Michael Martinek, Staff Sgt. Kurt Robert Curtiss, SSG Clayton Bowen, PFC Morris Walker, SSG Michael Chance Murphrey and 2LT Darryn Andrews. Perhaps these men weren't killed directly by the jihadis holding Bergdahl, but they were on missions related to the search. Operations were put on hold and resources diverted to find Bergdahl. Lives were lost. And for someone at the Pentagon to be giving political cover to Obama in such a way is despicable.

Response by SGT Neil Doty made Sep 8 at 2015 3:01 PM

2015-09-08T15:01:13-04:00

He needs to be in jail right now stop dragging feet and put this shit bag behind bars were he belongs it pisses me off that it has been this long and needs to be finalized soon.

Response by SPC David S. made Sep 8 at 2015 11:35 PM

2015-09-08T23:35:25-04:00

Good Lord -can someone please put the God dang wheel back on the wagon so they can get his ass to court.

Response by Maj Mike Sciales made Oct 11 at 2015 4:35 PM

2015-10-11T16:35:40-04:00

It's "rarely" used because we've never had anybody do that since Korea, maybe. He'll get an Special Courts-Martial, plead guilty, judge alone, get reduced to E-1, forfeit all pay and allowances, be discharged and that discharge will be characterized as a Bad Conduct Discharge. He just needs to go away.

Response by PO1 Tom Follis made Jul 30 at 2018 7:45 PM

2018-07-30T19:45:25-04:00

Immediate death. No 10-20 years on death row either. Convict today, die tomorrow.

Response by Amn Joseph H. made Aug 21 at 2018 12:18 AM

2018-08-21T00:18:14-04:00

Because accusations are made, even with admission, the entire due process must be allowed before a jury of his peers. Mitigating circumstances, meaningless to civilians could change the predetermined path of this trial yet, to military jury. Just not ready to throw a troop under the bus until he has had his day in court, then convicted by a jury of his peers. Anything less is not constitutional. And the exercise of the US Constitution is what our oaths demand we protect, no matter our emotional baggage:) That an a complete distrust of most elected members of our government:)