Posted on Nov 3, 2017
The Bergdahl Sentencing and the Precedent it Sets
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The US Army Values are Loyalty, Duty, Respect, Selfless Service, Honor, Integrity and Personal Courage.
Former Sergeant Bowe Bergdahl apparently forgot these when, on June 30, 2009, he deserted his unit in Afghanistan, where he wanted to, in his words, “make the world a better place.” Former SGT Bergdahl also forgot that he was wearing the uniform of the United States Army, and that armies fight wars. He signed up. No one forced him into service, and no one forced him to continue service if at any point he decided he had had enough.
In the Army there are legitimate avenues of redress of grievances, and now more than ever before. Your chain of command, the Chaplain, a JAG (Judge Advocate General) officer, or even the highest commander above where you think your problem lies. SGT Bergdahl had whipped himself into an almost psychotic state of isolation, from his unit, from his battle-buddies and even from himself. In the end, the enemy seemed more desirable than the mess he had made in his foxhole.
The sentencing of SGT (now PV-1) Bergdahl is now complete. Instead of a 14 year sentence, sought by the prosecution, a sentence of time served, a reduction in rank, forfeiture of pay and a dishonorable discharge will have to do.
Although Bergdahl had plead guilty to desertion and misconduct before the enemy, the circumstances under which SGT Bergdahl was released, the trade of five Taliban leaders notwithstanding, has its own implications of treason. Some have said that Bergdahl has suffered enough, including his defense team. Some say he is not fit to live, let alone wear the uniform. Several witnesses have testified about their war injuries and losses they claim happened because of Bergdahl’s desertion. There were rumors but no evidence that SGT Bergdahl had given the enemy critical information about the unit, its operations and Standard Operating Procedures (SOP). This would allow the enemy to anticipate the unit’s movements and tendencies, potentially deadly information. Some say, while searching for SGT Bergdahl, they were hit and men died. One man, a former Navy SEAL, claimed tearfully that his service dog was killed on one such mission, and others suffered crippling and career ending injuries. All of this was supposedly taken into consideration before the sentence was handed down by the military judge, Col. Jeffery Nance.
In my opinion, all this testimony is over-engineering. It’s all good, but shouldn’t be necessary to complete the project. Bergdahl deserted in a time of war. How do you maintain good order and discipline if you allow folks to just walk away? There is no claim of insanity. There is no plea bargain. There is no excuse. The punishment for desertion can be death.The reason for this goes back to the beginning of human conflict. If you run in the face of the enemy, you have abdicated your responsibility as a member of the group to help keep the group safe.
In our own Revolutionary War and subsequent conflicts, such as the Civil War, it wasn’t so much power and punch that won the day as it was which side would run first. Name a war or conflict, and what wins the day more times than not is the will to win or survive. Fight or flight. This is why the American Army is so effective; we are trained that in war the mission comes first. We are trained to never leave a soldier behind. We are trained to be good teammates. We are trained to care for each other, help each other and protect each other. And in the foxhole, when the bullets are flying, it’s about you and your battle-buddy, fighting for your lives.The bigger picture is that you are defending the Constitution of the United States against all enemies, foreign and domestic, part of the oath of enlistment that Bergdahl breached. But if you allow soldiers to run and then suffer inadequate consequences, what are you telling everyone else who swore that same oath? What then does it mean? In our politically correct, social media, “If it feels good, do it” society, oaths and promises seem blasé and passé. In fact, they are our lifeblood. If we let one instance of obvious and blatant desertion slip through the cracks, what then do we do with the next one, or the next? Kneeling for the national anthem and the absence of even one American flag on the opening night of a national political convention are not simply warning signs, they are signs of the apocalypse that feed the idea that Bergdahl did nothing wrong. That he is innocent of desertion because he was oppressed and that somehow his actions were free speech. It’s not about any of that. It’s about loyalty. The number one most important Army value, and value in life. The acronym constructed out of the Army Values is LDRSHIP (Leadership). The Army aspires to train every soldier to be a leader. In the American Army, even E-Private Zero, Snuffy Smith is expected to carry out the mission if all the leaders above him are incapacitated, in the spirit of Audie Murphy. Murphy, the highly decorated farm boy turned hero from WWII who was battlefield promoted from sergeant to second lieutenant and saved many lives with his heroism, over, and over again, all at 5’4” and 112 pounds, carried on with the mission, time and again. We owe it to the memory of all those who gave their lives in defense of this great nation. We owe it to those who were injured and may have died while searching for Bowe Bergdahl, and we owe it to the future of this nation that Bowe Bergdahl’s punishment fit the crime. But the punishment in this case has not fit the crime in any way, shape or form. The echo from this proceeding will carry far and wide, that the perceived suffering of one man, a deserter, held more weight than the entire history of the military of the greatest nation on earth.
Former Sergeant Bowe Bergdahl apparently forgot these when, on June 30, 2009, he deserted his unit in Afghanistan, where he wanted to, in his words, “make the world a better place.” Former SGT Bergdahl also forgot that he was wearing the uniform of the United States Army, and that armies fight wars. He signed up. No one forced him into service, and no one forced him to continue service if at any point he decided he had had enough.
In the Army there are legitimate avenues of redress of grievances, and now more than ever before. Your chain of command, the Chaplain, a JAG (Judge Advocate General) officer, or even the highest commander above where you think your problem lies. SGT Bergdahl had whipped himself into an almost psychotic state of isolation, from his unit, from his battle-buddies and even from himself. In the end, the enemy seemed more desirable than the mess he had made in his foxhole.
The sentencing of SGT (now PV-1) Bergdahl is now complete. Instead of a 14 year sentence, sought by the prosecution, a sentence of time served, a reduction in rank, forfeiture of pay and a dishonorable discharge will have to do.
Although Bergdahl had plead guilty to desertion and misconduct before the enemy, the circumstances under which SGT Bergdahl was released, the trade of five Taliban leaders notwithstanding, has its own implications of treason. Some have said that Bergdahl has suffered enough, including his defense team. Some say he is not fit to live, let alone wear the uniform. Several witnesses have testified about their war injuries and losses they claim happened because of Bergdahl’s desertion. There were rumors but no evidence that SGT Bergdahl had given the enemy critical information about the unit, its operations and Standard Operating Procedures (SOP). This would allow the enemy to anticipate the unit’s movements and tendencies, potentially deadly information. Some say, while searching for SGT Bergdahl, they were hit and men died. One man, a former Navy SEAL, claimed tearfully that his service dog was killed on one such mission, and others suffered crippling and career ending injuries. All of this was supposedly taken into consideration before the sentence was handed down by the military judge, Col. Jeffery Nance.
In my opinion, all this testimony is over-engineering. It’s all good, but shouldn’t be necessary to complete the project. Bergdahl deserted in a time of war. How do you maintain good order and discipline if you allow folks to just walk away? There is no claim of insanity. There is no plea bargain. There is no excuse. The punishment for desertion can be death.The reason for this goes back to the beginning of human conflict. If you run in the face of the enemy, you have abdicated your responsibility as a member of the group to help keep the group safe.
In our own Revolutionary War and subsequent conflicts, such as the Civil War, it wasn’t so much power and punch that won the day as it was which side would run first. Name a war or conflict, and what wins the day more times than not is the will to win or survive. Fight or flight. This is why the American Army is so effective; we are trained that in war the mission comes first. We are trained to never leave a soldier behind. We are trained to be good teammates. We are trained to care for each other, help each other and protect each other. And in the foxhole, when the bullets are flying, it’s about you and your battle-buddy, fighting for your lives.The bigger picture is that you are defending the Constitution of the United States against all enemies, foreign and domestic, part of the oath of enlistment that Bergdahl breached. But if you allow soldiers to run and then suffer inadequate consequences, what are you telling everyone else who swore that same oath? What then does it mean? In our politically correct, social media, “If it feels good, do it” society, oaths and promises seem blasé and passé. In fact, they are our lifeblood. If we let one instance of obvious and blatant desertion slip through the cracks, what then do we do with the next one, or the next? Kneeling for the national anthem and the absence of even one American flag on the opening night of a national political convention are not simply warning signs, they are signs of the apocalypse that feed the idea that Bergdahl did nothing wrong. That he is innocent of desertion because he was oppressed and that somehow his actions were free speech. It’s not about any of that. It’s about loyalty. The number one most important Army value, and value in life. The acronym constructed out of the Army Values is LDRSHIP (Leadership). The Army aspires to train every soldier to be a leader. In the American Army, even E-Private Zero, Snuffy Smith is expected to carry out the mission if all the leaders above him are incapacitated, in the spirit of Audie Murphy. Murphy, the highly decorated farm boy turned hero from WWII who was battlefield promoted from sergeant to second lieutenant and saved many lives with his heroism, over, and over again, all at 5’4” and 112 pounds, carried on with the mission, time and again. We owe it to the memory of all those who gave their lives in defense of this great nation. We owe it to those who were injured and may have died while searching for Bowe Bergdahl, and we owe it to the future of this nation that Bowe Bergdahl’s punishment fit the crime. But the punishment in this case has not fit the crime in any way, shape or form. The echo from this proceeding will carry far and wide, that the perceived suffering of one man, a deserter, held more weight than the entire history of the military of the greatest nation on earth.
Posted >1 y ago
Responses: 239
The military judge may impose a sentence based solely upon the charges of which the accused is adjudged guilty and the evidence heard during the case. In this case the accused was found guilty of a 1day desertion, it was not during a time of war as the current conflict, as all others since WWII have not been declared wars by Congress. There was evidence presented that he suffered from mental health issues when the Army enlisted him. There was evidence of 2other SMS being injured while hunting for him. There was evidence that, once returned, the accused provided invaluable information on the movements, etc. of the enemy which is still being used by our forces. Lastly, there was evidence of unlawful command influence by the Commander in Chief. Having served as a military judge, I can attest that the hardest part of the job is fashioning an appropriate sentence. We are all free to disagree with the sentence adjudged but we must recognize that COL Nance is a professional, well regarded officer and judge. He weighed the permissible factors and made a decision. You don’t have to like it but is lawful and the result of an application of the Rule of Law. Taking pot shots after the fact from the cheap seats benefits no one.
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COL Steph Browne
MAJ, there are no rubrics used in sentencing as we are tasked with fashioning a sentence based upon the specifics of each Dave and each defendant. The Supreme Court essentially through out the only system somewhat akin to what you suggest, the Federal Sentencing Guidelines, because it took the discretion inherent in all judicial functions away from the judges. Sentencing is the most difficult part of a judge’s job. I can tell you that having appeared in court as both a prosecutor and a defense counsel at various points in my career, it is very easy to argue for a specific sentence when you aren’t the one tasked with actually imposing it. In my book, a patriot upholds the Constitution, Judge Nance did just that.
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SSgt James Holt
With respects sir; I believe it was a time of war as Congress voted to authorize the President the authority to carry out offensive military action. There is no specification constitutionally speaking specifying the wording of required of a declaration of war. The Congress voted to grant the President means to execute his war powers as CINC of the US Mililtary Services and that sir I am satisfied is the definition of a declaration of war.
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I don't question the judgment of the officer appointed over his court-martial and I think it's inappropriate to make assumptions about his case based on media sensationalism. Justice, military or otherwise shouldn't be politicized, either. I'm more worried about the politicization of our justice system than some stupid kid who spent years in captivity because he made some bad decisions when he was a private.
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MAJ Montgomery Granger
"Some stupid kid" was a soldier in the United States Army, sworn to defend his country. It's no small act to desert your comrades in a war zone. To say so betrays your own misunderstanding and appreciation of the value of LOYALTY, DUTY, RESPECT, SELFLESS SERVICE HONOR, INTEGRITY and PERSONAL COURAGE.
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"Kneeling for the national anthem and the absence of even one American flag on the opening night of a national political convention are not simply warning signs, they are signs of the apocalypse that feed the idea that Bergdahl did nothing wrong."
I was mostly with you until that absolutely insane sentence. And moreover, since you weren't a part of the proceedings, it's more likely than not there are circumstances or information to which you're not privy. Don't make a mountain out of a molehill.
I was mostly with you until that absolutely insane sentence. And moreover, since you weren't a part of the proceedings, it's more likely than not there are circumstances or information to which you're not privy. Don't make a mountain out of a molehill.
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I think that had certain twitter superstars had kept their thumbs off the keyboard, we might have had at least the prison time that he needs. I do believe that had he pleaded not guilty, I would have been fine with a firing squad. Since he pled guilty, I thought that he would at least get some time. But instead, someone got involved and tainted the proceedings with command influence. That is how I see it. Anything other than what he got would have been fodder for the appeal that certainly was going to happen regardless of the sentence.
There is no secret that I'm not pleased with the current POTUS. But don't put me into the HC camp either.
Thoughtful comments welcomed. Trolls troll elsewhere.
There is no secret that I'm not pleased with the current POTUS. But don't put me into the HC camp either.
Thoughtful comments welcomed. Trolls troll elsewhere.
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MAJ Montgomery Granger
I think undue influence from then President Obama was light years more than anything President Trump has done since becoming elected. A dog and pony show in the Rose Garden at the White house, with Bergdahl's father praising Allah in Arabic, and releasing of five Taliban LEADERS, and LYING about Bergdahl having served "honorably" poisoned the water for a fair sentencing hearing.
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PO1 (Join to see)
The moment Trump tweeted his thoughts on what the judge should do, he forever tainted the due process. In my humble opinion. I said the day it happened that it was bad for a just sentence. I know what the wartime penalty is. As it should be. He deserved a one-way ticket to the afterlife. But POTUS ensured that would not happen.
I wasn't a fan of the dog and pony show either. Sent and sends the wrong message.
I wasn't a fan of the dog and pony show either. Sent and sends the wrong message.
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To honest and Devil Advocate. Bergdahl should have never joined or allowed to stay -in. Then he got hit by the truth of US presence in Af-Pak and the "War on Terror. (It is a joke) He should have just waited his time and got out. I did. But since he didn't he broke contract and got other people killed. For that he deserves alot of punishment to maintain morale of others. However here is the clue, since the army did nothing to him, it is apparent the army does not care about the morale of the people in. It doesn't need to , to perform its mission of making money for the MIC or ensuring the security of a Middle eastern nation. we got too many generals as politicians and waiting their for their 2nd job at some big defense contractor. The army ain't around to fight wars no more for the American people, It is the security arm for the New World order. A security guard wanders off and a few get hurt/killed? BFD. The big green machine doesn't worry about Bergdahl, because it doesn't worry about any of its soldiers. They are mops in the closet of a big Corporation.
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MAJ Montgomery Granger
That's one view. I do not share it. I doubt if most military people share it. We are patriot volunteers in the greatest, most powerful and effective military ever known to man. Because people profit from war in a capitalist society some think the profit is evil. It's business. The Army can't sustain itself. It can't grow its own beans nor make its own bullets. Those things cost money. As for the New World Order, we have military in over 200 countries world wide. Why? Power projection in order to influence others in the best interests of the USA.
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SPC Christopher Perrien
MAJ Montgomery Granger - In the longrun- all wars are trade wars, though we may be getting into something else now (a religious war). But even that is a trade war.
The marine have nicnkame from their days of the Banana Wars,-War Dogs of Capitalism
Anyway, wars are fought by poor people, the rich benefit. And it is done by waving the flag of patriotism.
I BELIEVE IN DEFENDING THE COUNTRY. What I don't believe in is being in other countries forcing anything on people. What if a military force was in our country forcing an alien view on us? Yea, you fight them them too. We are making enemies that way, and we ain't making friends so something is wrong with our method.
Once you get older maybe you'll see it, or you'll carry that "patriotism" all that way , no matter.
The marine have nicnkame from their days of the Banana Wars,-War Dogs of Capitalism
Anyway, wars are fought by poor people, the rich benefit. And it is done by waving the flag of patriotism.
I BELIEVE IN DEFENDING THE COUNTRY. What I don't believe in is being in other countries forcing anything on people. What if a military force was in our country forcing an alien view on us? Yea, you fight them them too. We are making enemies that way, and we ain't making friends so something is wrong with our method.
Once you get older maybe you'll see it, or you'll carry that "patriotism" all that way , no matter.
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He didn’t anytime lol. Everyone should choose court martial the next time you are in the commanders office lol.
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War is insane. War is obsolete in resolving differences. War does not prove who is right or wrong. War does not prove who is good or bad. Soldiers are suppose to protect their country and its people not the interest or fears of the country's status quo and go on pre-emptive invasions. Truth is the first casualty of war and history is written by the victor. We are insane and we suspect that we are.
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MAJ Montgomery Granger
Yet here you are, living free in the greatest country ever known, created for you by the sacrifices of those who came before you who so believed in it's principles that they were willing to lay down their lives for . . . you. Thank you for your service and your opinion.
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Sgt Ramon Nacanaynay
MAJ Montgomery Granger - We can do better. I am studying Nonviolence and nonviolent communication. Depending on who you listen to there have been many successes with nonviolence.
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The soldiers shot while attempting to rescue Bergdahl are his responsibility but the four killed in Niger knew what they signed up for.
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MAJ Montgomery Granger
That comment is taken out of context. Maybe you never read the whole thing, but it was an empathetic expression from the Commander in Chief to the grieving widow of an American hero. Politicizing it is an act of cowardice.
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Capt Gregory Prickett
MAJ Montgomery Granger - except that it wasn't taken by the widow as empathy, it was taken as an insult.
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SFC (Join to see)
MAJ Montgomery Granger - How was it taken out of context? Were you there when it was said to the widow and his mother? I doubt it. I believe them over anyone else. She was offended. She said she cried after she got off the phone with him and was much more upset. But what does she know right? How is anyone supposed to "read the whole thing?"
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It is sad that people has to die to search for him...but "they knew what they signed up for".
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Cpl Tou Lee Yang
PFC (Join to see) - Joyce, it doesn't matter if you prefer to be called by your first name by a stranger. If your name is label somewhere, i.e. on your shirt if you work for a company, that's exactly what I'm going to call you. In the matter between me and Erik, you didn't know the situation yet you wanted to voice your opinion. I wonder if you ever heard of the quote "stay out of people's business". Anyway, at least you added your ten cent worth of comments. And I like to hear people assertion that they would willingly re-enlist again. Well, there's nothing stopping you from doing that if you have a RE-1A on your DD-214, otherwise refrain from mentioning it to sound patriotic.
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PFC (Join to see)
Cpl Tou Lee Yang - then in my honest opinion of you Mr Yang, you are a disgrace to the uniform you once wore, and a disrespectful jerk who just wants attention. That is my humble and honest opinion of you because you cannot pull your head out of your behind long enough to see that someone was being respectful towards you but yet you remain a complete jackass.
As far as minding my own business....when you post on a public forum and attack a person who I respect and consider a friend I will say something to defend him and his honor. You disrespected his title, and ethnicity. So grow up.
good luck on the lowly life you you. since you think everyone on here and around owes you respect when in reality no of us owes you jack shit!
As far as minding my own business....when you post on a public forum and attack a person who I respect and consider a friend I will say something to defend him and his honor. You disrespected his title, and ethnicity. So grow up.
good luck on the lowly life you you. since you think everyone on here and around owes you respect when in reality no of us owes you jack shit!
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Cpl Tou Lee Yang
PFC (Join to see) - Joyce, the feeling is mutual. I'm not here to make friends with you nor Erik. Clearly your political values and belief is worlds apart from my own just as it is with Erik. He may be a Sergeant Major to you, but to me, he's Erik. I don't care what rank he is nor do I care what rank anyone else is, in the end, we're all just man that needs a tittle to validate our authority over others. If I insulted you by displaying no respect towards Erik, then you need a new hobby. I never claimed that you or anyone owes me anything, it's you that believed I owe Erik some from of respect due to his title. You need to stop contradicting yourself.
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PFC (Join to see)
Cpl Tou Lee Yang - then why are you even on RallyPoint at all if you are going to be nothing but disrespectful towards anyone that questions you? Why not just start your own political incorrect hate filled group that post whatever you and people that have the same views as you can all go to? That way you won’t feel threatened by someone like SGM ERIK MARQUEZ or myself.
You are the one that accused me of a trump lover and all sorts of other things when you know nothing about me. I made an true and honest observation and opinion based on your responses to others on here before I even engaged contact with you. So my opinion seems to be pretty spot on about you and it must be killing you for someone calling you out on it.
Your behavior is of a child that has not been corrected growing up and got away with throwing temper tantrums in the middle of a store for attention.
Until you can grow up, stop with the b.s. because you are really the TROLL they labeled you as!
You are the one that accused me of a trump lover and all sorts of other things when you know nothing about me. I made an true and honest observation and opinion based on your responses to others on here before I even engaged contact with you. So my opinion seems to be pretty spot on about you and it must be killing you for someone calling you out on it.
Your behavior is of a child that has not been corrected growing up and got away with throwing temper tantrums in the middle of a store for attention.
Until you can grow up, stop with the b.s. because you are really the TROLL they labeled you as!
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