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 information surrounding this action has been so varied, and so carefully trimmed and colored by the current press arguments for political advantage, that it would be difficult to render any specific concern. However, were I to rely on the testament of the man's own platoon and company Officer's, NCO's, and comrades, (which I am bound to do, since I believe they would not lie), I would have to say that in other similar cases the punishment would have been much more severe. In an earlier time, such actions with such feeble excuses for those actions would have resulted in much less hoopla and a more military conclusion. I would have to agree that whatever military officer was in charge of the trial, as well as those mandating a punishment have caved-in to political considerations, which to my mind is totally wrong!
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COL Jon Lopey
Chief: Some compelling arguments and some justified comments. I think the military in many instances (and our political system) have been lenient in the past when it came to deserters or collaborators (e.g., Korean War collaborators who were brainwashed into submission, Viet Nam Era deserters who received amnesty under President Nixon, and during Korea, there were around 28 deserters who chose to stay in Korea after the armistice was signed in 1953. I believe three were allied and 25 or so were Americans. Eventually, nearly all if not all returned to the U.S. I am sure there are some factors we may be unaware of in Bergdahl's case but he has to live with what he did and at least now we can move on as an Army. Thanks once again for your excellent commentary and thanks for your service to our great nation. Jon
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CWO2 James Mathews
Col. John Lopey; Sir, my thanks for your comments on the deserters during the Korean and Vietnam Eras. Most of those I was aware of. As a personal view, I am not sure just what these men who were brainwashed went through, and I have also held my views on those unfortunates to myself. I am also aware since I was not deeply involved in all the aspects of Bergdahl's case, I do not fully realize all the factors involved with him. However, I do know about the troops who died searching for him, and I have a distinct feeling for those men who were their comrades, as well as the families left without husband and father because of his self-developed reasoning to abandon his Oath of service, put his comrades in danger, and leave to seak out some sort of personal satisfaction with his sworn enemies, together with his inability to get along with his comrades. To me that is the real crime, as far as Berdahl himself, I could care less. He is definately off my list for any kind of personal, military, or civilian contact. My thanks for your very kind words, and in return my most sincere thanks for your service to the flag and country of our birth!
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If this deserter is so depressed and disappointed in himself who is responsible for him, he sounds like another mass murderer waiting to happen?
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I believe the trial judge wanted to take a slap at Trump for his comments about Bergdahl, and followed his emotions rather than the law.
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MAJ Montgomery Granger Thank you writing such an interesting piece. Years ago I supported bringing Bergdahl home, “No one left behind”. However after we decided to trade 5 prisoners for his release, my opinion took an immediate turn.
I fail to agree with his current sentence and I believe at the very least that his lump sum back pay should be returned to the gov’t through payments by him or through IRS deduction.
He should have asked to be relieved of his duties - not taken a stroll toward the enemy!
I fail to agree with his current sentence and I believe at the very least that his lump sum back pay should be returned to the gov’t through payments by him or through IRS deduction.
He should have asked to be relieved of his duties - not taken a stroll toward the enemy!
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MAJ Montgomery Granger
PS - I peeked at your profile because I was curious about the corporal rank! MP of course! Awesome! I spent the last 9 years of my service and all three deployments with MP units. Hooah!
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PO3 John Jeter
Interesting side note, Bergdahls lawyers are contending that he suffers from a mental condition that prevents him from applying rational thought process to a perceived problem. That was why he failed to follow procedures in addressing his complaints. I call it something else but I don't use words like that in polite company.
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SP5 Larry Morris
And how does one get relieved of hes duties what asking for a section 8 give me a break
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I'm really surprised he wasn't pardoned by Obama, after the way Obama was hitting on the boy's Mama in the Rose Garden.
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