Bergdahl to be charged for desertion?

2015-01-26T22:37:57-05:00

http://www.theblaze.com/stories/2015/01/26/report-army-sgt-bowe-bergdahl-to-be-charged-for-desertion-here-are-the-details/

Report: Army Sgt. Bowe Bergdahl to Be Charged for Desertion — Here Are the Details

UPDATE, Jan. 27, 12:17 p.m. ET: An Army spokesman said no decision has been madeon charges for Sgt. Bowe Bergdahl. — Army Sgt. Bowe Bergdahl, who was reportedly held captive by Taliban militants for five years, will be charged with desertion for leaving his post, according to...

Response by SFC Mark Merino made Jan 26 at 2015 10:41 PM

2015-01-26T22:41:20-05:00

There is justice in the world after all! I hope this goes MEGA-VIRAL and there is no escaping from the Army's decision.

Response by SGT Private RallyPoint Member made Jan 26 at 2015 10:45 PM

2015-01-26T22:45:00-05:00

I was in Afghanistan when this POS walked off the FOB. Made a bad day for everyone around there when it happened. He should get what he deserves!

Response by SGT Private RallyPoint Member made Jan 26 at 2015 10:48 PM

2015-01-26T22:48:33-05:00

Attached is a second source to back up the link in topic description. I'm glad this is happening as I feared that politics would get in the way of justice. IMO the man is a traitor and I'm happy to see that he might finally get what's coming to him.

Report: Bergdahl to Be Charged with Desertion - Breitbart

Report: Bergdahl to Be Charged with Desertion

Response by SGT Private RallyPoint Member made Jan 26 at 2015 10:50 PM

2015-01-26T22:50:40-05:00

Report: Bergdahl to Be Charged with Desertion - Breitbart

Report: Bergdahl to Be Charged with Desertion

Response by SFC Private RallyPoint Member made Jan 26 at 2015 10:51 PM

2015-01-26T22:51:37-05:00

Beat me to the punch TSgt Joshua Copeland

Response by SSG Jim Foreman made Jan 26 at 2015 10:58 PM

2015-01-26T22:58:08-05:00

What's interesting is the White House still trying to cover it up.

Response by PO3 Private RallyPoint Member made Jan 26 at 2015 11:00 PM

2015-01-26T23:00:37-05:00

So, if convicted, he'll forfeit all of that back pay, right?

Response by SSG Private RallyPoint Member made Jan 26 at 2015 11:50 PM

2015-01-26T23:50:47-05:00

CHARGED is not Convicted (yet)

Response by SSG Private RallyPoint Member made Jan 26 at 2015 11:59 PM

2015-01-26T23:59:29-05:00

Here's the UCMJ skinny, as long as the Administration doesn't commute or PARDON the sentence.

Response by SSG(P) Private RallyPoint Member made Jan 27 at 2015 1:47 AM

2015-01-27T01:47:19-05:00

I can assure you if our current POTUS has anything to do with it, he will offer a pardon...before he leaves office, to save face...let him serve a few years at least. I think he needs the book thrown at him personally.

Response by SGT Jim Z. made Jan 27 at 2015 7:41 AM

2015-01-27T07:41:34-05:00

I think they could have gone with other charges including but not limited to manslaughter for the lives lost, treason, however, I am happy that he is being charged with desertion which he did the other charges could have been applied but proving them would have been a bit harder.

Response by SGT Ben Keen made Jan 27 at 2015 9:25 AM

2015-01-27T09:25:13-05:00

Okay so here are some things to keep in mind.

First, the source. The source is a retired LTC who does not hold any official position within the DA and/or DoD. He appeared on a news shows that is known for not always vetting sources before blasting the airways.

Second, the DA and DoD has yet to make any official statements as of yet. Will they? Who knows. With the secretive nature of this whole case, I highly doubt we will ever get any real answers.

While I agree that Bergdahl should be put up on these charges; I'm not counting my chickens based on this source. The one question I have is, during the interview, LTC (ret) Shaffer said that Bergdahl is a civilian now. My understanding was he was on a permanent admin hold pending the conclusion of everything. And seeing that they only completed the investigation and have yet to say officially if they (the DA and/or DoD) would take action, I don't think we have seen a conclusion yet. If he is a civilian with his DD214, does the DA and/or DoD still have the ability to take UCMJ action upon him?

Response by LTC Private RallyPoint Member made Jan 27 at 2015 10:31 AM

2015-01-27T10:31:16-05:00

This made my day!

Response by MSG Bo Lathrop made Jan 27 at 2015 11:20 AM

2015-01-27T11:20:02-05:00

I think we need to wait to see what the verdict is going to be.. then I'll tell you my true thoughts on this guy.. Not saying he isn't a deserter, I just want to make sure it's official before making a statement.

Response by CW5 Private RallyPoint Member made Jan 27 at 2015 11:41 AM

2015-01-27T11:41:47-05:00

My first thought was that this sounds about right. From what I've read and heard, I assume he did desert his post.

My second thought was that in our great country, he will be able to defend himself and try to beat the rap.

And my third thought was a question: I wonder if his defense will be post traumatic stress made him do it? And will that work?

Response by SPC Larry Buck made Jan 27 at 2015 12:58 PM

2015-01-27T12:58:27-05:00

Here read this:
Bowe Bergdahl to Be Charged With Desertion, Officials Say
Army Sgt. Bowe Bergdahl, who was held captive by enemy forces in Afghanistan for five years, will be charged with desertion, a senior defense officials tell NBC News. The officials say the charges could be referred within a week.

Bergdahl Attorney: My Client Is a 'Tough Hombre'
Sgt. Bowe Bergdahl's attorney Eugene Fiddell discusses the ongoing investigation into his client's disappearance in Afghanistan that led to five years in captivity by the Taliban
According to the officials, the desertion charges would be based on allegations that Bergdahl abandoned his remote outpost in June 2009 to avoid hazardous duty or important service, which are grounds for charges of desertion under the Uniform Military Code of Justice, or UCMJ. According to one senior official, Bergdahl's actions in Afghanistan go well beyond the lesser offense of AWOL, absent without leave, because he allegedly abandoned his post "in the middle of a combat zone, potentially putting the lives of his fellows soldiers at risk."
The charges will apparently not allege that Bergdahl left with the intent never to return. Bergdahl was reportedly captured by the Haqqani terrorist network in Pakistan. He was released in a prisoner swap for five Taliban commanders held at Guantanamo Bay in May.
While a court martial could lead to imprisonment, defense and military officials tell NBC News it is likely Bergdahl would be given consideration for the 5 years he spent in captivity and be permitted to leave the Army with a "less than honorable discharge." If accepted, Bergdahl would be denied as much as $300 thousand in back pay and bonuses, and reduced in rank to at least Private First Class, the rank he held when he disappeared from his outpost in Afghanistan.
Army General Mark Milley, the command authority in the Bergdahl case, has not publicly released his findings.
— Jim Miklaszewski
First published 1/27/2015 at 10:24:59 AM

Response by CH (CPT) Private RallyPoint Member made Jan 27 at 2015 1:04 PM

2015-01-27T13:04:05-05:00

Yes, desertion is the appropriate charge. This fiasco cost many other too much, life treasure and time. His time with haqqani was consequence, he still has to answer to American justice

Response by COL Jean (John) F. B. made Jan 27 at 2015 1:38 PM

2015-01-27T13:38:03-05:00

Absolutely... Desertion is the appropriate charge and that is exactly what he should be (and according to news reports, has been) charged with.

The fact that he was a "captive" for 5 years has absolutely no bearing on the case. That was just a consequence of his desertion. If he had not deserted, he probably would not have been "captured".

To try to justify lenience because he was a captive reminds me of the old story of the kid who killed his parents and then begged for mercy because he was an orphan. It just doesn't wash.

The Army needs to make an example of him and award him with the harshest punishment allowed by the UCMJ.

Response by MSgt Michael Durkee made Jan 27 at 2015 2:31 PM

2015-01-27T14:31:43-05:00

http://www.armytimes.com/story/military/crime/2015/01/27/bergdahl-army-update-false-reports/22396367/

Army: Bergdahl reports are untrue, no decision made

The Army says there is no truth to the Fox News story claiming a decision has been made about Sgt. Bowe Bergdahl.

Response by SPC Christopher Smith made Jan 27 at 2015 3:02 PM

2015-01-27T15:02:37-05:00

Yes, he needs to be chraged with desertion hands down, I won't put my input into if it will stick that is not my place, but from the little bit of information that was released before he was brought back, and after sounds like he deserted his post. He will at the least be charged with AWOL, there is no way he will be able to get away from that one. My opinion at least.

Response by Cpl Private RallyPoint Member made Jan 27 at 2015 4:03 PM

2015-01-27T16:03:05-05:00

Let me get this straight. Most of us have said we believed him to be a deserter. Due process, the case should have taken about 10 seconds and a lot less tax payer money.

Yet, the administration released five effing terrorists for this POS before the trial/investigation completed.

I hope this haunts the CinC for the rest of his life.

Response by CW5 Private RallyPoint Member made Jan 27 at 2015 5:20 PM

2015-01-27T17:20:12-05:00

Apparently the Army says no, this report is not true:

http://www.foxnews.com/politics/2015/01/27/bergdahl-to-be-charged-with-desertion-ex-military-intel-officer-says/

Ex-military intel officer says White House delaying announcement of Bergdahl desertion charge

The Army has decided to charge Sgt.

Response by SGT Private RallyPoint Member made Sep 7 at 2015 6:39 PM

2015-09-07T18:39:34-04:00

Got this from "This Ain't Hell":
reports that Army prosecutors have selected Section 899, Article 99 of the Uniform Code of Military Justice as the main charge against Bowe Bergdahl, the fellow who defected to the Haqqani Network of terrorists several years ago which caused other troops to be placed in danger when they tried to rescue him from his bad choices;

“I’ve never seen it charged,” Walter Huffman, a retired major general who served as the Army’s top lawyer, said of the misbehavior charge. “It’s not something you find in common everyday practice in the military.”

Bergdahl could face a life sentence if convicted of the charge, which accuses him of endangering fellow soldiers when he “left without authority; and wrongfully caused search and recovery operations.”

Huffman and others say the misbehavior charge allows authorities to allege that Bergdahl not only left his unit with one less soldier, but that his deliberate action put soldiers who searched for him in harm’s way. The Pentagon has said there is no evidence anyone died searching for Bergdahl.

According to af.mil, Section 899, Article 99 reads thusly;

Any person subject to this chapter who before or in the presence of the enemy–

(1) runs away;

(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;

(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

(4) casts away his arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits his place of duty to plunder or pillage;

(7) causes false alarms in any command, unit, or place under control of the armed forces;

(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or

(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;

shall be punished by death or such punishment as a court- martial may direct.

The AP story says that Bergdahl could be sentenced to life, but, reading the article, it looks like it is a capital offense. Yeah, I know he’ll never be sentenced to life in prison or death by neck stretching, but I can dream, can’t I? The AP also says that Article 99 is rarely used, as compared to the number of times it was used during World War II;

Misbehavior before the enemy was used hundreds of times during World War II, but scholars say its use appears to have dwindled in conflicts since then. Misbehavior before the enemy cases were tried at least 494 times for soldiers in Europe between 1942 and 1945, according to a Military Law Review article.

Legal databases and media accounts turn up only a few misbehavior cases since 2001 when fighting began in Afghanistan, followed by Iraq less than two years later. By contrast, statistics show the U.S. Army prosecuted about 1,900 desertion cases between 2001 and the end of 2014.

So, the article 32 hearing is scheduled to begin September 17th at Fort Sam Houston.

Response by Sgt Kelli Mays made Sep 7 at 2015 6:45 PM

2015-09-07T18:45:59-04:00

Good! He should be charged for desertion...BUT!?!??! What about the men who died while out looking for him? Should he not be charged with something else due to their deaths? I mean after all, had he not taken off then these guys would not have had to go chasing after him and loose their lives.

Response by PO1 Don Uhrig made Oct 9 at 2021 3:35 PM

2021-10-09T15:35:31-04:00

I would argue he had diminished mental capacity. The Army never should had let him in based on his prior Coast Guard records, but the Army lowered their standards and did not do their due diligence prior to allowing him to enlist.

It was a setup for failure. And former President Obama never should have traded multiple terrorist for Bergdahl.

I say, the failures of leadership that led to Berghdahl's AWOL status, his capture and torture were punishment enough.