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
Not that I care about the deserter, I wonder how Bergdahl will support himself. Will he live in his parent's basement? Since I have not heard anything from him while the Army has sort of hid him away I wonder if he will start his own Youtube channel and his is infamous character that he's built up. This guy could be the next anti - war/government guy for many people who don't like the government or the military.
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SFC Joseph McCausland
I wouldn't be surprised to see him on CNN. I am sure some left wing-commie is ghost writing his "tell-all" book. The title should be.... How To Be A Scumbag Deserter And Deplorable Human Being and Get Away With It.
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This still pisses me off so much! The Judge should be throw out as well! I heard the Judge say that Bowe couldn't get a Fair Trial because Trump called him a Traitor! Which the SOB is! Trump was calling it as he seen it! And then his parents kissing Obama's ass was a disgrace! If he would've got 14 years it would've been in solitary confinement, cuz you know those guys would've taken him out! He deserved a Firing Squad! The families of the soldiers who died, got hurt should turn around and sue his ass for wrongful death!
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MAJ Montgomery Granger
I definitely agree with the firing squad comment. It wasn't even a trial, it was a sentencing procedure. Bergdahl plead guilty. How hard is this? Trumps comments were as a candidate, and you bring up other meddling by O-Man. Talk about tainting. They called his service "honorable," even thogh they knew it was anything BUT honorable. THAT is undo influence. And then trading five Taliban LEADERS for this snot-nosed coward. Please!
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PO2 Bobby Nolde
I also forgot to agree with you on this Major! It sickens me that Bergdahl, the Raghead who shot up Ft. Hood, the Sgt. who threw the grenade in the Batt. Cmdr's tent..are still alive! They all committed acts of being a Traitor......I got into a fight over this on FB about these 3 Traitors! All 3 should be lines up and shot! No questions asked! That's how it was way back to the Revolutionary War!
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The Col. who was the trial judge might as well retire because he will go no higher. He will be passed over and kicked out. What he did was wrong and he knew it. His personal feelings should never have entered into his decision. But military or not, most attys are very liberal.
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SFC Joseph McCausland
Yeah, that Presiding Officer at his trial was a real winner...be damned with what Bergdahl actually did, the rule of law and the UCMJ, because I say he can't get a fair trial, then I am going to sentence him to time served...no hard labor time.
Wouldn't be surprise if this judge is not recruited by the Dizzy Dems to run for Congress.
Wouldn't be surprise if this judge is not recruited by the Dizzy Dems to run for Congress.
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Even the 14 yrs the prosecution asked for was TOO short, but no time is a slap in the face to ALL of us who served Honorably. In my 20 years of active duty, I saw a lot of Soldiers, Sailors, and Marines get time for much less serious offences.
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I truly believe this is yet another travesty of justice and sets a dangerous precedent indeed. That precedent is that if a bleeding heart service member cries and whines hard enough, the authority of the UCMJ is usurped, the very foundation on what the Armed Forces is based on and, I dare say, our Nation's principles and identity is eroded with each incident that occurs. Bergdahl's Goat Rodeo of a trial has been far too politicized, public, and out of control. If one strips away all the peripheral bullshit and addresses the basic elements of his actions, which he admits to, this individual is guilty of desertion and misconduct before the enemy in time of war. He betrayed his unit, the Army, the very flag and country he made a sacred oath to defend. Article 85 of the UCMJ is clear on punishments that can be imposed in time of war as follows, "If the member deserts during time of war: Death or such other punishment (such as life in prison) as a court-martial may direct.", that said, there is no ambiguity here. It is when our government and Mother's of America start meddling in the affairs of the DoD, this farce tends to happen.
My opinion is clear on this issue. Bergdahl's sentence given the charges should have been life in prison, or death. Is that to harsh? Too bad. The UCMJ is clear and should have been adhered to in this Court Martial. I take no pleasure in this entry, rather, I feel irritated and saddened by what I perceive as a country that is losing its way and identity. We have to get back on top of things, or we are doomed to slide down a slippery slope into a state of weakness that is unsustainable as a sovereign nation, the United States of America.
My opinion is clear on this issue. Bergdahl's sentence given the charges should have been life in prison, or death. Is that to harsh? Too bad. The UCMJ is clear and should have been adhered to in this Court Martial. I take no pleasure in this entry, rather, I feel irritated and saddened by what I perceive as a country that is losing its way and identity. We have to get back on top of things, or we are doomed to slide down a slippery slope into a state of weakness that is unsustainable as a sovereign nation, the United States of America.
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MAJ Montgomery Granger
I could not agree more, Sgt, on all points. Thank you for your thoughtful response.
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I heartily agree with P03 John Jeter. I could not have said it better.
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I agree. JAG needs to let civilians know that there are codes of military justice that will be adhered to despite public opinion.
Do you want A Bergdahl or god forbid A Bradley Manning defending your home?
Do you want A Bergdahl or god forbid A Bradley Manning defending your home?
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Send his sorry ass to Kim the 3rd in North Korea. He will fit in and be celebrated as a hero there.... Sad that the Army judicial system has become very liberal.
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