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
Private misspelled Bergdahl, should be glad I'm not the convening authority. If I was I would allow damage claims for everyone everything and every round of expand expended to try and rescue him rescue him. From the dog and dog handler who were injured in one rescue attempt to the just the amount of fuel used should all be charged to Bergdahl!
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The problem with executing Bergdahl is it holds him to a different standard than anyone else that is charged with desertion which believe me is more than you think. Most people who are convicted of desertion only get prison time often about 10 years or so. So the policy of "deserters will be shot" is a policy that is rarely ever implemented the last person to be executed for desertion was in ww2 and he was the only person to be executed during the war and was the first person to be executed for desertion since the civil war. This is largely in part because it's hard to convince the general public that running away is a capital offense essentially when much more serious crimes like murder, and rape carry the same punishment. So to come full circle with this statement. Is Bergdahl a deserter? Yes. Should he be executed? No . Unless you want to set and example going forward. Should he have gotten a harsher sentance? No. Because his sentance is proportional to his crime in my opinion when factor in his unpleasant stay with the Taliban as a POW.
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MAJ Montgomery Granger
You mean the unpleasant stay he CHOSE to experience? I appreciate your reasoned response, but I'll take option "B," I'd like to set an example going forward. "Convince the general public?" Not interested in that. The general public have nothing whatever to do with good order and discipline n the military. He had his day in court, and we all have to live with the results. He's lucky to be alive in more ways than one. He will be forever known by some of us as "the one who got away." The end game? It's OK to run away, boys and girls, you'll be exonerated in the end, so all that training and Army Values 'n' stuff, no worries! You will be judged in the court of public opinion, 99 percent of whom never served and view our traditions and rules too strict anyhow. You are free to go.
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Cpl Nick Graham
MAJ Montgomery Granger and I do respect your opinion as well but a few things have to be addressed, you say Bergdahl "chose" this and while it is true he chose to abandon his post and go AWOL it wasn't his choice to get captured by the Taliban and he didnt chose to be a POW for 6 years. That is why I dont think he has served his dues because I'm pretty sure being held captive by the Taliban being at the mercy of your captures is a far worse punishment that 10 years in a military prison with comfy living conditions and 3 square meals a day and no threat of harm or death.
Also you use words like "the one that got away" this is interesting best I just stated that a grand total of 2 people have been executed for desertion in the past 160 years. Was that generation to soft? Was America's greatest generation not disciplined?
No one here is saything there shouldn't be a punishment for desertion because there already is having a Dishonorable Discharge or BCD is already disqualifier for many jobs and opportunities and that treat alone is what keeps people from outright mutiny. But as a leader you should never he pushing your Soldiers, Marines, Sailors, or Airmen to the point of mutiny that is why troop morale is so important because it's all based on trust and in Bergdahl's it most certainly was a failure of leadership that drove him to go AWOL if you read the case reports.
As for the bit about civilians and their relevance. While you might think their opinion on military matters is irrelevant, but wishing it does make it so. Public opinion is VERY much a key concern because these are the people we serve not only that but the people they elect have a lot of sway in the military. Also you have to remember the UCMJ is already very unpopular and has deemed unconstitutional on several accounts so you also face a certain moral dilemma. Do you follow the UCMJ which run contrary to the Constitutional values you are defending or do you oppose the UCMJ and face the wrath of the military.
Also you use words like "the one that got away" this is interesting best I just stated that a grand total of 2 people have been executed for desertion in the past 160 years. Was that generation to soft? Was America's greatest generation not disciplined?
No one here is saything there shouldn't be a punishment for desertion because there already is having a Dishonorable Discharge or BCD is already disqualifier for many jobs and opportunities and that treat alone is what keeps people from outright mutiny. But as a leader you should never he pushing your Soldiers, Marines, Sailors, or Airmen to the point of mutiny that is why troop morale is so important because it's all based on trust and in Bergdahl's it most certainly was a failure of leadership that drove him to go AWOL if you read the case reports.
As for the bit about civilians and their relevance. While you might think their opinion on military matters is irrelevant, but wishing it does make it so. Public opinion is VERY much a key concern because these are the people we serve not only that but the people they elect have a lot of sway in the military. Also you have to remember the UCMJ is already very unpopular and has deemed unconstitutional on several accounts so you also face a certain moral dilemma. Do you follow the UCMJ which run contrary to the Constitutional values you are defending or do you oppose the UCMJ and face the wrath of the military.
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(Join to see)
Cpl Nick Graham - Your premise is wrong ! He was Not captured, he Joined the Taliban. He was Teaching them to build Better ied's & Better placement for Better Kill rate of American soldiers! he succeeded, the province he was in was the deadliest in terms of ied kills ! Not to mention that he deserted his Post, guard duty in the middle of the night, leaving everyone with the group Vulnerable to attack & death! The DEATH penalty was fully warranted !
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Apparently Major Granger wrote exactly the same words in his post that I did in mine. My post writen yesterday or the day before is Identical word for word. Maybe great minds do think in the same way.
Ltc. George N Roll USAF Ret.
Ltc. George N Roll USAF Ret.
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It it is a disservice to all who have served honorably to allow Birgdal to ever leave confinement. He richly deserved a life impisonment sentence.
I wonder if the Military Judge ever served in combat ( not as a lawyer advising a commander on the rules of engagement but as a direct combatant under enemy fire)
I wonder if the Military Judge ever served in combat ( not as a lawyer advising a commander on the rules of engagement but as a direct combatant under enemy fire)
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Lt Col George Roll
I would add that Birgdal was a private when he deserted his post and his fellow American Soldiers to go over to the enemy. His premediation was demonstrated by his sending much of his personal gear home before he left. He should be in Gitmo for life.
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He Definetly will never enter the gates of Valhalla even if they did give him the death penalty. But regardless that POS needs to stand in front of a firing squad. All those lives lost and the all the families affected for what being busted down in rank and a dishonorable discharge? Hell no he needs to pay the ultimats price, desertion/treason= DEATH.
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Bone rattling interrogation of this disgrace for as many years needed to get at the truth.
The sentence was ordered not to fit the crime. Why ?
The sentence was ordered not to fit the crime. Why ?
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MAJ Montgomery Granger
Why? Indeed. The further degradation of the military. Few civilians understand us or our culture, the warrior culture. Some pretend to know, even wear the uniform, but the truth is that they loathe us, fear us and wish we didn't exist or need to exist for their cowardice. Bergdahl was such a coward, as well the judge who set him free.
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I as Commander for the "POW/MIA/KIA Honor Guard" mentioned this deserter during each and every ceremony that we held. I even posted his picture at our Memorial so that anyone passing by would see his picture and not forget him. It was indeed a blow to me personally when the truth finally broke out. This piece of crap should have served the max jail time followed with a Dishonorable.
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