Posted on 04/02/2015 4:12:49 PM PDT by Libloather
If Sgt. Bowe Bergdahl were convicted of “misbehavior before the enemy” a century ago, he might also have been subject to a humiliating send-off. His sword might be broken or his insignia ripped from his uniform in front of his unit.
Along with desertion, Bergdahl was accused last month of violating the little-understood Article 99 of the Uniformed Code of Military Justice — misbehavior before the enemy — for abandoning his post in Afghanistan in 2009 and thereby endangering his unit.
Although desertion cases are not uncommon, few military lawyers have ever prosecuted, or defended, a misbehavior before the enemy charge.
(Excerpt) Read more at stripes.com ...
Obola the Fraud’s America:
A by force-Moslem Nation run by the White Mosque,
paid for my taxpayers, for al Qaeda,
for criminal illegals, and for profit taken by the
racketeering DNC and GOP Congress.
Without a femtogram of accountability or transparency.
What misbehavior is being referred to? I guess we’ll know when the trial begins. I still wonder if he’s a stoner?
‘Rarely used’ is not a defense.
Out men rarely commit the crimes he did.
BAD Sgt,, BAD Sgt... go to your room..
Too funny and a great memory.
Too many Americans with no military experience. They think Bergdahl walking off was like the french fry guy at McDonalds quitting.
Bergdahl had an assigned position in the defense of his location. If the enemy had attacked that night, they would have found a weak spot. It is possible that they could have snuck into the position and started firing from inside and outside of the compound.
Put yourself in his fellow Soldiers positions. He didn’t care if they got slaughtered.
This isn’t cooking french fries at McDonalds. This is life and death. This is more flag-draped coffins coming back to the US.
I say that one of the punishments that Bergdahl should receive is that all of the Soldiers at his location are brought together and given baseball bats. Bergdahl has to run the gauntlet. His fellow Soldiers can decide whether they want to give him a whack and how hard they want to hit him.
“Misbehavior?” Did he use a slingshot to pick off street lamps? What the hell? Desertion in wartime carries the penalty of death. I know why they are pussy footing around this, but give us a break already.
The reason it is seldom used is because there is a shortage of scumbag, POS deserters in the military. Now there is a reason to use it.
He ought to be facing charges of treason IMO.
I’d like to take a shot at him for the eight men who died trying to find that traitor.
Chuck Connors. *PURRING* ;)
Bring back decimation .... of the corrupt covering this up.
Punitive Articles of the UCMJ
Article 99—Misbehavior before the enemy
Text. “Any member of the armed forces 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 other punishment as a court-martial may direct.”
http://usmilitary.about.com/library/milinfo/mcm/bl99.htm
Sadly, at least for his lawyers....misbehavior is the single charge that the Army is pressing on which results in life in prison. If they can defeat that...he’ll spend no more than five years in the brig on the second charge.
I think the more curious part about this episode will be if he chooses to stand up and give testimony on his own part, and answer questions from the prosecution.
Doesn’t the “U” in UCMJ stand for “Uniform” , rather than “Uniformed” ?
Well said.
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