Posted on 01/09/2015 8:53:53 AM PST by 2ndDivisionVet
Will the case of Army Sgt. Bowe Bergdahl — who was captured by the Taliban in 2009 and released in a prisoner exchange last summer — go to court-martial on a charge of desertion?
That was the subject of this column last week, and I’ve heard some interesting comments since.
Most notably, I spoke with Greg Rinckey, a former Army captain and judge advocate general officer.
“It would surprise me if it was referred to a court-martial,” Rinckey said of Bergdahl’s case.
First off, Rinckey pointed out, the White House and the military have put forth a lot of effort into Bergdahl, and it wouldn’t look pretty to see those efforts go down the drain in an ugly court-martial.
Secondly, prosecutors will have a difficult time proving Bergdahl deserted before his five years as a prisoner of war, Rinckey said.
Rather than a court-martial, Bergdahl’s case likely will be decided by “administrative” action, Rinckey said.
Those actions could include an Article 15, or Bergdahl could be booted out of the Army with a less than honorable or other type of discharge.
The person to make that decision — former Fort Hood commander Gen. Mark Milley — could also decide not to charge Bergdahl at all.
Seems to me, all this could be cleared up if Bergdahl went on record about what happened.
Was he indeed disgruntled with the Army, and decided to just throw down his rifle and head toward the mountains?
Such a thing is rare, but not unheard of.
Even in today’s all-volunteer Army, there are guys who don’t want to be in the Army: They joined up to get out of a criminal conviction; or they enlisted into the Army and realized they don’t like it.
In 2013, a Fort Hood private drew headlines after filing for conscientious objector status.
He filed for the status at the same time his 1st Cavalry Division unit was deploying to Afghanistan.
In an especially sick case in 2011, Pfc. Naser Jason Abdo went AWOL and found his way to the Fort Hood area, where he planned to detonate a bomb at a restaurant filled with soldiers and then shoot the survivors. Fortunately, his plan was foiled.
Bergdahl may have not intended to hurt anyone, but his disappearance risked the lives of his fellow soldiers who looked for him.
Rinckey expects Milley’s decision on Bergdahl’s fate to come soon — possibly as early as this week or next.
Many folks are awaiting the results.
Of course there’s no court martial. Didn’t you see Obama arm-in-arm with the parents?
“who was captured by the Taliban in 2009”. Lame stream statement. He was doing the “Hands up. Don’t shoot” long before it was popularized in Ferguson. That took over from the previous “I’m slamming your head into the sidewalk, don’t shoot.” that was popularized in Florida.
The guys parents were at a White House ceremony with Zero upon his release making him into some kind of hero.
Yeah, like they are going to court-martial him now.
Can’t have Obama looking like a fool for trading 5 high value prisoners for a deserter.
That sure is a slap in the face of us Vets who did serve honorably.
who was captured by the Taliban in 2009...Pardon me?
Well, he wasn’t TAKEN prisoner.
Of course he deserted.
With a Muslim as President, we can’t allow simple justice to take place for the sake of mere infidels.
That is why Hasan still draws breath.
There won’t be a court martial in today’s politicized military. The price Obama paid to release a deserter can’t be exposed by a court martial.
Bingo!
The father sports a muslim like beard, and; seems looney as hell. Obama is a muslim and he will do zip. This punk needs to hang at Leavenworth.
I’m surprised he hasn’t been appointed General Of The Army by now.
That’s why Obama did this, isn’t it? Berhdhal and family submitted.
Chapter 10 Discharge Under Other Than Honorable Conditions. In a few years, Bergdahl quietly goes before a discharge review board and is upgraded to an Honorable Discharge. He then applies for VA benefits. We wind up paying for benefits for a guy who ran away from his unit in combat.
So if he gets dishonorably discharged - does that mean he won’t get that 5 years of back pay? That’s a big concern for me.
I’m pretty sure he won’t get court martial - that would make our doofus look like an idiot - parading his parents in front of the world.
He won’t be dishonorably discharged. The worst I can imagine is a general discharge and he would get his back pay with that and lifetime veterans benefits.
Yay, Amerika! Desertion no longer a court-martial offense! Huzzah and welcome to the New Amerika!
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