[xzins]

The case of Bowe Bergdahl has many saying he was AWOL rather than deserted. His fellow unit members all say he deserted. They have explained and ascribe intent because he packed his possessions and sent them home prior to his departure.

Many seem to think it was merely AWOL.

[xzins]

The case of Bowe Bergdahl has many saying he was AWOL rather than deserted. His fellow unit members all say he deserted. They have explained and ascribe intent because he packed his possessions and sent them home prior to his departure.

Many seem to think it was merely AWOL.

[2ndDivisionVet]

You do realize that Barack Hussein Mohamed Obama, Junior is the president and can pretty much do whatever he likes in this matter, right? Sergeant (P) Bergdahl will never see the inside of a courtroom, prison or even an Article 15. PERIOD.

[Graybeard58]

Huge difference twixt AWOL & desertion.

Back last century when I was a lowly grunt, miss a formation or simple be late and you were considered AWOL - but with relatively minor consequences.

[Girlene]

without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

Packing his things up and sending them home, is a signal that he intended to remain away permanently.

Now, since he was picked up fairly quickly by his captors, we don't know if he might have changed his mind after a bit and returned to his post willingly. The fact that he tried to escape at least once also signals that he might have changed his mind eventually.

But he cannot change the fact that he initially intended this to be permanent...thus, desertion best describes his actions five years ago.

[P-Marlowe]

Per the language of the UCMJ there is no prosecutorial discretion. Bergdahl “shall be court marshalled”.

[maine-iac7]

Is is not:
AWOL up to 30 days absent and after that:
DESERTER? and
if giving aid to enemy - TRAITOR?

[cgchief]

Don’t forget the punitive article for missing movement. Although normally only used by the Navy, Marine Corps and Coast Guard, an argument could be made that Bergdahl is guilty of missing movement, when his unit rotated stateside.

Desertion is, at best, difficult to prove, because the member can always state he was returning. Even those who have been UA for years and completely reintegrated into the civilian world, have never been charged with desertion, they are always charged with being UA.