Posted on 03/25/2015 11:04:10 AM PDT by kristinn
Sgt. Bowe Bergdahl, the U.S. soldier who was recovered in Afghanistan last spring after five years in captivity, faces charges of desertion and misbehavior before the enemy, according to his lawyer.
(Excerpt) Read more at washingtonpost.com ...
I got question is their Army version of Bubba LOL!
Oui!
From the Manual for Courts Martial:
Elements.
(1) Running away.
(a) That the accused was before or in the presence of the enemy;
(b) That the accused misbehaved by running away; and
(c) That the accused intended to avoid actual or impending combat with the enemy by running away.
(2) Shamefully abandoning, surrendering, or delivering up command.
(a) That the accused was charged by orders or circumstances with the duty to defend a certain command, unit, place, ship, or military property;
(b) That, without justification, the accused shamefully abandoned, surrendered, or delivered up that command, unit, place, ship, or military property; and
(c) That this act occurred while the accused was before or in the presence of the enemy.
(3) Endangering safety of a command, unit, place, ship, or military property.
(a) That it was the duty of the accused to de-fend a certain command, unit, place, ship, or certain military property;
(b) That the accused committed certain disobedience, neglect, or intentional misconduct;
(c) That the accused thereby endangered the safety of the command, unit, place, ship, or military property; and
(d) That this act occurred while the accused was before or in the presence of the enemy.
(4) Casting away arms or ammunition.
(a) That the accused was before or in the presence of the enemy; and
(b) That the accused cast away certain arms or ammunition.
(5) Cowardly conduct.
(a) That the accused committed an act of cowardice;
(b) That this conduct occurred while the accused was before or in the presence of the enemy; and
(c) That this conduct was the result of fear.
(6) Quitting place of duty to plunder or pillage.
(a) That the accused was before or in the presence of the enemy;
(b) That the accused quit the accused’s place of duty; and
(c) That the accused’s intention in quitting was to plunder or pillage public or private property.
(7) Causing false alarms.
(a) That an alarm was caused in a certain command, unit, or place under control of the armed forces of the United States;
(b) That the accused caused the alarm;
(c) That the alarm was caused without any reasonable or sufficient justification or excuse; and
(d) That this act occurred while the accused was before or in the presence of the enemy.
(8) Willfully failing to do utmost to encounter enemy.
(a) That the accused was serving before or in the presence of the enemy;
(b) That the accused had a duty to encounter, engage, capture, or destroy certain enemy troops, combatants, vessels, aircraft, or a certain other thing; and
(c) That the accused willfully failed to do the utmost to perform that duty.
(9) Failing to afford relief and assistance.
(a) That certain troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or an ally of the United States were engaged in battle and required relief and assistance;
(b) That the accused was in a position and able to render relief and assistance to these troops, combatants, vessels, or aircraft, without jeopardy to the accused’s mission;
(c) That the accused failed to afford all practicable relief and assistance;
and
(d) That, at the time, the accused was before or in the presence of the enemy.
Explanation.
(1) Running away.
(a) Running away. “Running away” means an unauthorized departure to avoid actual or impending combat. It need not, however, be the result of fear, and there is no requirement that the accused literally run.
(b) Enemy. “Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.
(c) Before the enemy. Whether a person is “before the enemy” is a question of tactical relation, not distance. For example, a member of an antiaircraft gun crew charged with opposing anticipated attack from the air, or a member of a unit about to move into combat may be before the enemy although miles from the enemy lines. On the other hand, an organization some distance from the front or immediate area of combat which is not a part of a tactical operation then going on or in immediate prospect is not “before or in the presence of the enemy” within the meaning of this article.
(2) Shamefully abandoning, surrendering, or delivering up of command.
(a) Scope. This provision concerns primarily commanders chargeable with responsibility for defending a command, unit, place, ship or military property. Abandonment by a subordinate would ordinarily be charged as running away.
(b) Shameful. Surrender or abandonment with-out justification is shameful within the meaning of this article.
(c) Surrender; deliverup. “Surrender” and “deliver up” are synonymous for the purposes of this article.
(d) Justification. Surrender or abandonment of a command, unit, place, ship, or military property by a person charged with its can be justified only by the utmost necessity or extremity.
(3) Endangering safety of a command, unit, place, ship, or military property.
(a) Neglect. “Neglect” is the absence of conduct which would have been taken by a reasonably careful person in the same or similar circumstances.
(b) Intentional misconduct. “Intentional misconduct” does not include a mere error in judgment.
(4) Casting away arms or ammunition. Self-explanatory.
(5) Cowardly conduct.
(a) Cowardice. “Cowardice” is misbehavior motivated by fear.
(b) Fear. Fear is a natural feeling of apprehension when going into battle. The mere display of apprehension does not constitute this offense.
(c) Nature of offense. Refusal or abandonment of a performance of duty before or in the presence of the enemy as a result of fear constitutes this offense.
(d) Defense. Genuine and extreme illness, not generated by cowardice, is a defense.
(6) Quitting place of duty to plunder or pillage.
(a) Place of duty. “Place of duty” includes any place of duty, whether permanent or temporary, fixed or mobile.
(b) Plunder or pillage. “Plunder or pillage” means to seize or appropriate public or private property unlawfully.
(c) Nature of offense. The essence of this offense is quitting the place of duty with intent to plunder or pillage. Merely quitting with that purpose is sufficient, even if the intended misconduct is not done.
(7) Causing false alarms. This provision covers spreading of false or disturbing rumors or reports, as well as the false giving of established alarm signals.
(8) Willfully failing to do utmost to encounter enemy. Willfully refusing a lawful order to go on a combat patrol may violate this provision.
(9) Failing to afford relief and assistance.
(a) All practicable relief and assistance. “All practicable relief and assistance” means all relief and assistance which should be afforded within the limitations imposed upon a person by reason of that person’s own specific tasks or mission.
(b) Nature of offense. This offense is limited to a failure to afford relief and assistance to forces “engaged in battle.”
He wouldn't treated Bergdahl like he did Tahmooressi AND IGNORED HIM TOO!
I MEANT to say He WOULD’VE treated Bergdahl just like he did Tahmooressi AND IGNORED HIM TOO!
Then would it not be more effective to have proceeded with it under the cover of the Malaysia 370 flight, or during emailgate?
My previous answer might well be wrong. I’m told that MG Dahl was conducting the Article 32. That seems reasonable to me.
Now, for Step #2:
So, does this mean the nuke deal with Iran will be announced within 24 hours?
A Legacy for Obama
Diversion.
That’s what Boehner did with the DHS vote. Scheduled in immediately following the Netanyahu speech.
You could be onto something. Mostly because they could have scheduled this release last week, a month ago, but chose today. Something’s happening maybe that we’re supposed to not be watching.
Figured.
Don’t forget about the people who died trying to find this piece of crap.
Thank you!
If obama had a white cousin, once removed...
Will Obamas comments after his release cause any problems for the prosecution. Bam bam already declared this guy a hero who honorably served.
unlawful command influence
Five Taliban for a deserter: way to go 0bamass!
EXACTLY! GOOD POINT!!!
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