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
Isn’t it possible there are unknown circumstances...such as, Bergdahl May have covertly volunteered to (undercover) spy? Were that to be so, would he then qualify for extenuating circumstances in his sentencing?
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MAJ Montgomery Granger
I think if that were true he would have been offered a witness protection program. He still may, but we won't know about it. Obama sure treated him like the conquering hero, or prodigal son. Completely unwarranted. I think he could have been a heroin addict and was playing both sides. Probably never know that, either! Hooah!
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"Be, all that you can be-, Manning, Bergdahl. As you were, buttknuckles!- Keep on reaching, keep on growing .."
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It's beyond sad that the brass in charge doesn't see it your way, Major. I do. I think 14 years is too little time for all the misery this "goldbrick/coward" caused many decent, stalwart comrades-in-arms.
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Well I'm in complete disbelief sure gives new goals for the ARMY to persue now and work double time to "UNF***" the damage this judge has caused by not having the courage to do what needed to be done. Starting with Firing his ASS!!! Everyone is held to standard, EVERYONE!...including him.
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If I can use one word...DISGRACEFUL. The whole military and all of its values and beliefs were just stepped on and thrown to the wind. The Judge in this case needs to step down. Hr needs to have a BAD fir report on his next report. I also would recommend that both men have to spend one hour a day with the one soldier who is paralyzed for the rest of his life for the rest of their lives. They can help his wife feed, wash, cloth and just talk to him giving her a couple hours each day to TRY to relax. Now his lawyer is asking for back pay. I say no to him but award this money to the families that had soldiers die or were hurt. this would be much needed money for financial bills. Nothing will ever bring them back nor make him walk again.
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We're already seeing ripples from this. A mitigating factor in the lack of jail time for Berghdal was undue influence as a result of comments made by the POTUS. Now, less than a week later, we have another case (I'm sure a lot of you remember this case) being overturned for undue influence as well.. I suspect this is going to become a recurring theme if lessons aren't learned quickly...
http://www.military.com/daily-news/2017/11/09/court-overturns-conviction-of-marine-urinated-taliban-corpses.html
http://www.military.com/daily-news/2017/11/09/court-overturns-conviction-of-marine-urinated-taliban-corpses.html
Court Overturns Conviction of Marine Who Urinated on Taliban Corpses
The conviction of a former Marine Corps scout sniper involved in desecrating the bodies of enemy fighters has been overturned.
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MAJ Montgomery Granger
Exactly what undue influence can be attributed to the current POTUS regarding Bergdahl? Who said it was a “mitigating factor” in his sentence? In fact the former POTUS traded five Taliban leaders for Bergdahl, praised him as being honorable in his actions and hosted his Arabic-speaking father and ogled his mother in the Rose Garden of the White House. Was that undue influence noted and considered by the judge in sentencing?
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SFC Michael Hasbun
MAJ Montgomery Granger - The judge who presided over Bergdahls sentencing specifically listed comments by Trump as factors in mitigation. As a general rule, it's not going to go well when your President declares you a traitor who deserves death prior to a guilty verdict.
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MAJ Montgomery Granger
The judge never used the word "mitigation," which means "less severe." He said he felt that despite Trump's comments as a candidate he felt Bergdahl could receive fair sentencing. He also only said he would keep Trump's comments in mind as he weighs other factors affecting his sentencing decision. Fine details that actually pale in comparison to how he avoided mentioning the words of a sitting president claiming Bergdahl had served "honorably," when he knew in fact that he did not, or for releasing five ENEMY LEADERS in exchange for an admitted low ranking deserter, and parading Bergdahl's parents around in a completely embarrassing Rose Garden exhibition, complete with the father praising Allah in Arabic, and the President fawning over Bergdahl's mother. For THAT there should be a MORE severe sentence if the judge considered Trump's comments as a CANDIDATE.
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e is a coward, and deserted his post in wartime, and should be executed by firing squad
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Desertion during deployment should have landed Bergdahl in the grave. What he got wasn't even a slap on the wrist.
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Given the core values of the Army, the fact that we are all human, and that he was a Private who messed up...yeah, they do that...I think he's suffered enough due to his mistake. Also, the Dishonorable Discharge counts as a felony, so he's got that to deal with.
Blaming him for insurgents killing/injuring U.S. Soldiers? No, I'd blame the insurgents. As our enemy there isn't any real surprise. It's a war.
With senior officers raping subordinates, having affairs while overseas, and using tax payers money to pay for it, etc...beating a dead horse, about a Private screwing up, is overkill.
Blaming him for insurgents killing/injuring U.S. Soldiers? No, I'd blame the insurgents. As our enemy there isn't any real surprise. It's a war.
With senior officers raping subordinates, having affairs while overseas, and using tax payers money to pay for it, etc...beating a dead horse, about a Private screwing up, is overkill.
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MAJ Montgomery Granger
SGT Bergdahl chose to leave his unit in time of war. That is grounds for a field execution. What happened to him after he left was a direct result of his desertion, and should have no bearing on his punishment. He suffered? Too damn bad. He was lucky to be alive. Disloyalty is the absolute worst crime one can commit because it can lead to ripples of injury to the force, as took place. If Bergdahl were the only one hurt he would have gotten what he deserved, but he wasn't the only one hurt. He had a mission and failed in that mission by choice. I absolutely blame him for every single adverse thing that happened to anyone, because he deserted. How you can think otherwise is bizarre. The other issues you list have absolutely nothing to do with Bergdahl or his case. Apples and oranges, SSG.
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SSG Vik Polivka
MAJ Montgomery Granger - The other issues are to show that most of the time, things aren't taken to the extreme. Picking, and choosing when something will be given the most severe punishment possible isn't justice. Military, or otherwise. If every single instance of military crime resulted in max punishment, if every service member who could be executed was given that sentence, I'd have zero issue with it. Also, having such high standards for a Private, but being lenient on leaders who know better, and are expected to live up to a higher standard is hypocrisy. Sure, he's wrong. He's surrounded by better Soldiers, and better people. In the last decade alone, there wasn't an execution for rape, improper hazarding of a vessel, misbehavior of a sentinel or lookout...such as the people who allowed him to go AWOL, right? Since 1916 the Army has executed 135 ( (Source: National Law Journal, 4/5/99) people. There are a ton of cases that have had the option to execute the guilty party, but have not. Check out this high speed LTC who only got 3 years for rape, among other things, https://www.airforcetimes.com/news/your-air-force/2017/06/14/air-force-officer-convicted-sentenced-to-3-years-for-rape-and-other-charges/
3 years? Rape, mishandling classified information, etc...but the Private is who we need to come down on, right? This is just recent news, not even the Sinclair shenanigans, etc. Not apples, and oranges at all, MAJ.
3 years? Rape, mishandling classified information, etc...but the Private is who we need to come down on, right? This is just recent news, not even the Sinclair shenanigans, etc. Not apples, and oranges at all, MAJ.
Air Force officer convicted, sentenced to 3 years for rape and other charges
Lt. Col. Humphrey Daniels III was sentenced on Wednesday to three years of confinement and dismissal from the Air Force after a court-martial found him guilty of charges including rape.
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MAJ Montgomery Granger
SSG Vik Polivka - I respectfully disagree. You make a case for . . . what, homogenization? Each case, judged on its merits, deserves a unique punishment that should fit the crime. Mixed in there somehow, some way, is the idea that however the case is adjudicated, there must be one eye on the potential ramifications of the outcome. We are a country of laws because we wish to dispassionately order our society. We allow a philosophy of rather letting a guilty man go free than imprison an innocent man, so leniency is part of the fabric of our judicial outcomes. That's a given. What's not a given is how each individual judge views the world, their place in it, and a moral and ethical culture that values victim hood as much as it loathes criminality. Take the 730 released detainees from Gitmo. The liberal left and MSM value their victim hood more than they loathe their criminality. In fact, none of those who sympathize with Islamists even mention 9/11 nor the sacrifices of the U.S. military in helping to keep us all safe. They too, are the enemy. It seems as though SGT Bergdahl enjoyed the sympathy of the judge. Apparently, the judge forgot the dispassionate side of his job. The judge also abdicated his responsibility to consider the future ramifications of his decision to free Bergdahl sans any further real punishment. The judge had an opportunity to send a message to future deserters that not only are they at risk from the enemy, but also at risk for severe consequences of their actions. IMO the judge devalued military justice and discounted the Army Values for generations to come.
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SSG Vik Polivka
MAJ Montgomery Granger - Good morning, and happy TGIF! Given that one person has been executed for desertion, Edward Slovik, the judge followed jurisprudence in the matter. Rape, and/or murder is what the military is most likely to punish with the death sentence.
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After all of the crap this country has gone through for this guy, and the 8 year long journey of crap, this waste of human flesh must be in prison. My heart goes out to the search teams of the two heroes who were injured in the search for this coward. Most of all, America does not negotiate with terroists. Therefore, Obama needs to be in jail too!
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