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Military has wide discretion on Bergdahl charges
Richmond Times Dispatch ^ | 1-27-2015

Posted on 01/28/2015 6:12:05 AM PST by Citizen Zed

Possible charges and possible punishments:

ABSENT WITHOUT LEAVE

This would be one of the least serious offenses. Tens of thousands of soldiers have walked away from their posts over the last decade, some for a few hours, others for a weekend or even weeks. Usually if service members are charged with being AWOL, the assumption is that they intended to return to duty. Often they get some type of administrative punishment. In more serious cases they are discharged.

DESERTION WITH INTENT TO AVOID HAZARDOUS DUTY OR TO SHIRK IMPORTANT SERVICE

This is one of the more likely charges. It is more serious than AWOL because it involves deserting a hazardous duty, which includes combat service. Bergdahl left his post during a combat deployment in Paktika province, a far more critical violation because officials could argue that his sudden absence could have endangered other unit members. The charge does not require the military to prove Bergdahl had no intention of returning to his unit.

DESERTION WITH INTENT TO REMAIN AWAY PERMANENTLY

This charge is less likely because the Army would have to be able to prove that Bergdahl left his post and at some point decided he had no intention of returning. Former Army lawyer Greg Rinckey said that would be difficult, particularly since he was taken prisoner by the Taliban and couldn't return to his post even if he wanted to. Rinckey predicted any good lawyer could argue that Bergdahl would have returned but couldn't.

FAILURE TO OBEY A LAWFUL ORDER

This charge and other similar infractions are also likely to be added to bolster the contention that Bergdahl violated regulations and committed a serious breach of military conduct. The military will want to note that deserting a post during wartime, whatever the mitigating circumstances, cannot be condoned.

(Excerpt) Read more at m.richmond.com ...


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1 posted on 01/28/2015 6:12:05 AM PST by Citizen Zed
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To: Citizen Zed

Get real. There will be no prosecution of Bergdahl. Any prosecution would clearly embarrass Obama. It simply will not be permitted to happen.


2 posted on 01/28/2015 6:16:02 AM PST by allendale
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To: Citizen Zed
From article:

"...Bergdahl left his post during a combat deployment in Paktika province, a far more critical violation because officials could argue that his sudden absence could have endangered other unit members....

COULD HAVE?

Soldiers died because of his desertion. He requires the ultimate penalty, but it will never happen because it makes the leftists look bad.

PS: Nice photo of Bergdahl with his Body Man.

3 posted on 01/28/2015 6:18:15 AM PST by T-Bone Texan (The time is now to form up into leaderless cells of 5 men or less.)
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To: allendale

That is exactly the point. He was Obama’s (Jarretts) hand picked poster child for sucking up to the enemies of this nation. If TREASON has an identity, this is it.


4 posted on 01/28/2015 6:23:41 AM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Citizen Zed
Just wouldn't look right for Obama to have a lovefest with a deserters parents don't you know!


5 posted on 01/28/2015 6:55:03 AM PST by TexasCajun
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To: allendale; Citizen Zed

Take a good look at the muzzie parents with Ali Obola, pathetic!!!

Any further questions???


6 posted on 01/28/2015 7:27:55 AM PST by danamco (-)
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