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
This is from Article 85 from the Manual for Court Marshall
c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any o t h e r t i m e , b y s u c h p u n i s h m e n t , o t h e r t h a n death, as a court-martial may direct.
This is why he plead guilty I think had he not that an investigation would have shown that he gave aid to the enemy, how else do you explain that he seems from most accounts I have read to have been in pretty good shape. And with things I am seeing on the net about O'Bama, well I'll leave that rant for another day
c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any o t h e r t i m e , b y s u c h p u n i s h m e n t , o t h e r t h a n death, as a court-martial may direct.
This is why he plead guilty I think had he not that an investigation would have shown that he gave aid to the enemy, how else do you explain that he seems from most accounts I have read to have been in pretty good shape. And with things I am seeing on the net about O'Bama, well I'll leave that rant for another day
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COL Jon Lopey
Scott: I suspected that suspicion as well. I believe, based on my experience in OEF and OIF, that he would have executed by a slow and torturous death had he not cooperated at least to some degree with his captors. I think it is also possible and likely he collaborated with the enemy to survive so long and that was probably his intention all along. I don't want to be judgmental but I have to support your theory because that is where the evidence exists. Thanks for the excellent commentary and thank you for your service as a Marine - Semper Fi...! Jon
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Cpl Scott McCarroll
COL Jon Lopey Thank You Sir. I tend to be long winded when something seems to defiy logic. And I know I mentioned this with my rant above. Just how did Obama know that he was available for a prisoner swap. That whole thing screams of collusion. But that is just my opinion. Hey you know that witch known as Hillary wasn't she in some way involved in the swap?
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We are living in sad times when some Americans consider military heroes to be people like Chelsea Manning and Bowe Bergdahl. The former was tried, convicted, and sentenced to 35 years which was commuted to 7 years by President Obama. Manning then goes out to receive an honorary position from an Ivy League School and protests outside the White House regarding President Trump's LBGT decision. The latter was tried, convicted, and sentenced to time served, reduction in rank, forfeiture of pay, and a dishonorable discharge. Both should be in prison today at a minimum, let alone being celebrated by some Americans as heroes.
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CWO2 James Mathews
I am also late to this discussion, and I feel the same as you gentlemen about Bergdahl. As far as I am concerned he is a "nothing." His final penalty, thanks to a President who was looking for approval from his adherents and cared nothing for this nation or its values is past and "water under the bridge." Howver, the precedents will come back to haunt us in later years, just as that President had planned. In regard to the IVy League Awards, and the protests outside the White House, considering the quality of those who participated and approved of those demonstrations, in my view, I have dismissed them from my personal interest. They are, in my estimation, far beneath my level of consideration or recognition! These are the Americans who have been totally hoodwinked by the opposition, and have lost the ability to see clearly what is happening to our country!
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COL Jon Lopey
COL Smallfield, SGT Hallock, & CWO2 Mathews: You are absolutely right. These Soldiers deserved harsher penalties but we know these cases were politicalized by the last administration for the most part and the decisions made overally were damaging to good order and discipline. I had a TS clearance the last 16 years as an officer and it is absolutely unheard of and so far afield for any Soldier would compromise our national security like Manning did and it is obvious that Manning and Bergdahl, once held up as a stellar Soldiers, were traitors and their actions were perpetrated with malice aforethought. I know when I served in OEF and OIF, I also think the system failed because top secret information was closely monitored and controlled when I was overseas. Even during the Viet Nam Era, I was once a classified document custodian and all classified documents had to be logged in and destroyed by burning (especially secret and above). I think we have moved beyond these incidents and the current administration is much tougher, more supportive, and more cognizant of how these types of cases (and behaviors) impact our readiness, morale, and combat effectiveness. Manning and Bergdahl are very, very troubled young adults and they will reside in a "living hell" the rest of their lives. I would hate to live with the reality that I failed my nation, my fellow Soldiers, and it is likely both of these troubled souls, in their moral and ethical failures as people and Soldiers, weakened our combat readiness. Their selfish acts led to the loss of lives and their actions hurt the image and impugned the courage, commitment, and honor of what is probably the greatest Army and military we have ever had. Our service members perform with bravery, efficiency, and utmost competence. Our men and women deserve much better than these Soldiers represented to our nation and the world. Manning and Berghahl's failures and wanton and deliberate indifference to their oaths and obligations to the nation that protects them will not serve to appreciably denigrate the overall performance and incredible accomplishments of our men and women in uniform and civilian contractors who have served during what has become one of our longest wars. We cannot ignore, however, that both caused irreparable harm to our nation to some degree and while they did not get the penalties they deserve, we can now move on, accomplish the next mission, and protect and take care of the vast majority of fighting men and women worthy of our support - Now and in the future. Thanks, Jon
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Legally, the matter has reached closure. So many individuals, so much pain, I hope healing comes.
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Capt Gregory Prickett
It has not reached closure. It won't be a final conviction until it has been reviewed by the convening authority, and if the dishonorable discharge remains after that, then there is an automatic appeal to the Army Court of Criminal Appeals. After that, he can request that both the U.S. Court of Appeals for the Armed Forces, and then the U.S. Supreme Court review the case. Only then will it be a final conviction.
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PO3 Phyllis Maynard
Capt Gregory Prickett - thank GOD I did not step in your trend. Block me or tell me how to block you.
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CWO2 James Mathews
PO3 Phyllis Maynard -- You are very fortunate my dear! Had you shown such poor judgment and disrespect to a senior officer, while under my supervision, you would have spent a great deal of your time cleaning out the lower torpedo tube refuse tank! After which a severe talking to about your responsibilities and duties as a Petty Officer. added to at least eight hours of watch instruction in an area unassociated with your normal watch routine, in addition, of course, to your regular watches. All this would have given you time to review your responsibilities as a PO, as well as the words of your service Oath! Your views as a woman seem to take the old path, " my way or the highway," and while you may feel your way is always best, the rest of the world, with whom you must live, will not always agree!
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PO3 Phyllis Maynard
CWO2 James Mathews what disrespect are you talking about. I'm looking at my 2 sentences and I don't see what you are talking about. But never mind you are officially on 32
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I don't think the precedent was set here. This isn't really anything new. Some of you may have forgotten, or do not know, about 1LT William Calley, of the Vietnam War era, and specifically My Lai. He served 3 years under house arrest and was finally released after being dishonorably discharged. From Wikipedia:
"William Laws Calley Jr. (born June 8, 1943) is a former United States Army officer convicted by court-martial of murdering 22 unarmed South Vietnamese civilians in the My Lai Massacre on March 16, 1968, during the Vietnam War. While not technically exonerated, after three and a half years of house arrest, Calley was released after a ruling by federal judge J. Robert Elliott who found that Calley's trial had been prejudiced by pre-trial publicity, denial of subpoenas of certain defense witnesses, refusal of the United States House of Representatives to release testimony taken in executive session of its My Lai investigation, and inadequate notice of the charges. His initial conviction faced widespread public opposition both due to the campaign circumstances of civilian embedded Viet Cong, and due to Calley being singled out as the sole officer convicted in relation to the massacre."
Read the rest here:
https://en.wikipedia.org/wiki/William_Calley
"William Laws Calley Jr. (born June 8, 1943) is a former United States Army officer convicted by court-martial of murdering 22 unarmed South Vietnamese civilians in the My Lai Massacre on March 16, 1968, during the Vietnam War. While not technically exonerated, after three and a half years of house arrest, Calley was released after a ruling by federal judge J. Robert Elliott who found that Calley's trial had been prejudiced by pre-trial publicity, denial of subpoenas of certain defense witnesses, refusal of the United States House of Representatives to release testimony taken in executive session of its My Lai investigation, and inadequate notice of the charges. His initial conviction faced widespread public opposition both due to the campaign circumstances of civilian embedded Viet Cong, and due to Calley being singled out as the sole officer convicted in relation to the massacre."
Read the rest here:
https://en.wikipedia.org/wiki/William_Calley
William Laws Calley Jr.[1] (born June 8, 1943) is a former United States Army officer convicted by court-martial of murdering 22 unarmed South Vietnamese civilians in the My Lai Massacre on March 16, 1968, during the Vietnam War. While not technically exonerated, after three and a half years of house arrest, Calley was released after a ruling by federal judge J. Robert Elliott who found that Calley's trial had been prejudiced by pre-trial...
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SSG Edward Tilton
PO3 John Jeter - In Calleys case an entire village of innocent civilians was slaughtered by the troops under his command. Afghanistan is a controversial conflict. The troops in Niger Knew what the signed up for but apparently those who attempted to rescue Bergdahl did not. I can't see any precedents coming out of his case.The worst precedent I've seen is DOD paying for little miss Mannings operation. They have obligated us to pay for everyone who wants one.
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PO3 John Jeter
SSG Edward Tilton - Actually, denial of gender reassignment procedures is just about the only thing the judges did not throw out when they gutted the trans gender directive.
I still maintain that the My Lai incident was a case of the Army doing a major job of CYA whereas Bergdahl is being excused from personal responsibility for a base betrayal of his obligation as a soldier for reasons not yet explained in full. What I do see is that the Army will be fighting disciplinary challenges based on this sentence for many years to come. Why should any soldier be required to suffer a punishment of a greater degree for a lesser offense? Disobedience of a lawful order, insubordination, AWOL, and many other offenses will have to face the defense challenge that as lesser offenses, the Army is not justified in imposing anything more severe than a Dishonorable discharge and a monetary fine. Since the 60's I believe, a Dishonorable Discharge triggers an automatic appeal where it can be upgraded to a discharge without the dishonorable label and stigma.
I still maintain that the My Lai incident was a case of the Army doing a major job of CYA whereas Bergdahl is being excused from personal responsibility for a base betrayal of his obligation as a soldier for reasons not yet explained in full. What I do see is that the Army will be fighting disciplinary challenges based on this sentence for many years to come. Why should any soldier be required to suffer a punishment of a greater degree for a lesser offense? Disobedience of a lawful order, insubordination, AWOL, and many other offenses will have to face the defense challenge that as lesser offenses, the Army is not justified in imposing anything more severe than a Dishonorable discharge and a monetary fine. Since the 60's I believe, a Dishonorable Discharge triggers an automatic appeal where it can be upgraded to a discharge without the dishonorable label and stigma.
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SSG Edward Tilton
PO3 John Jeter - I still remember MAJOR COLIN POWELL, the PIO for the Americal Division, on television telling the world nothing had happened. As usual Captain Medina and everyone under him were thrown under the bus BUT, there were still a lot of dead bodies. The enlistment contract needs to reflect that sexual reassignment is not an option during the term of the contract
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COL Jon Lopey
MSG Greenfield: Interesting commentary on Lt. Calley. I was a Viet Nam Era Marine but served in the Philippines and did not go to Viet Nam; however, I went to OCS at Fort Benning in 1980 and a Major on a range we were training on told us Calley was in his OCS class. According to him, Calley finished near the bottom of the class and during different times probably would not have graduated from OCS. Unfortunately, he not only failed as a leader but his NCOs failed to stop him and it was apparent there were leaders in the chain-of-command who did not intervene or hold those responsible for the tragic incident. He issued an unlawful and immoral order and there was no excuse for the order. I realize his unit was being harassed by a cruel and unrelenting enemy and they may have been supported by some villagers but his actions were unconscionable and led to more damage to the war effort and more ill repute to the Army than just about anything that occurred during the war. You can sympathize with all Viet Nam veterans because they had to fight a very tough and unrelenting war under nearly impossible conditions; however, well over 60% of fighting men and women during that war were volunteers and the vast majority served honorably and bravely (we never lost a major battle) and 97 to 98% received Honorable discharges. It is interesting that a helicopter crew stopped the massacre, which illustrates the point that most of our service members were good fighters and morally-grounded, professional warriors that attempted to do the right thing in Viet Nam. We have learned the lesson many times about not being honest about such incidents. War is hell but it is made worse when we allow negative things like the My Lai massacre to happen and then attempt to justify it by various rationalizations that do not hold water. Our fighting men and women did not fail us in Viet Nam but the media and certainly some of our political and military leaders did. President Johnson was difficult to work with and he often berated and often times refused to listen to his senior military leaders. McNamara also failed us by trying to run the military like a business and he certainly screwed things up by applying his "MacNamara's 100,000" experiment when he made the services take too many recruits with substandard aptitude scores among other things. Again, thanks for the commentary and great points....Jon
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Pardon my language, I am going to speak plainly here. Our Traitor and Muslim in Chief put his finger on the scales. Period. Bergdahl should have had the book thrown at him. Should be doing serious time at the Red Line Brig. Obama should be sharing a cell with him.
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As a former bailiff on his trial I can say that he did not for one minute regret the choices he made and have any empathy to the families he destroyed. It was a complete slap in the face to all who put on a military uniform and serve with honor.
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During WWII, desertion in the face of the enemy could get you facing a firing squad. Just 1 service member, Pvt Eddie Slovik, got that faith, and he deserved it. There were 48 others sentenced to death, but their sentences were commuted.
During the Revolutionary War, even General Washington ordered deserters shot by firing squad and he ordered that it be done in front of other troops.
Bergdahl got off with little more than a slap on the wrist. I feel Obama interfered with the Bergdahl case and not only influenced, but actually ordered the sentence.
During the Revolutionary War, even General Washington ordered deserters shot by firing squad and he ordered that it be done in front of other troops.
Bergdahl got off with little more than a slap on the wrist. I feel Obama interfered with the Bergdahl case and not only influenced, but actually ordered the sentence.
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