Posted on Dec 16, 2014
LTC Instructor
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This is an amazing story about mental illness and service. Does the sentence fit the crime? Was it a crime, or self-administered therapy?

http://www.nytimes.com/2014/12/16/us/a-deserter-who-chased-conflict-is-jailed-for-shirking-duty.html?_r=1
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SSG Aircraft Mechanic
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My issue with it is this.. the judge wouldn't allow his attorney to use his medical records as evidence to back up his claims. If he truly did leave for the reasons he stated, then his medical records could be used to properly handle the situation. If he was in that state of mind prior to going and joining the Legion, then that state of mind could very well return now that he's back.

Second, he left because he WANTED to deploy and it was taking his unit too long. He went to one of our allies and joined one of their organizations.

It's not like he deserted his post IN Afghanistan and sought out the ENEMY... then had 5 ENEMY COMBATANTS traded for his return.. and also got promoted twice and received backpay without ever even having charges brought against him "pending investigation".
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SSG Gerhard S.
SSG Gerhard S.
10 y
LTC (Join to see) I would answer with Bergdahl . Of course though the investigation has been complete since October, there has yet to be a decision on a Courts Martial. At this point he's even entitled to some three hundred thousand in back pay...... I see these two incidents as miles apart. One deserving of some consideration regarding mitigating factors, the other deserving none.
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LTC Instructor
LTC (Join to see)
10 y
SSG (Join to see), I don't see how a POW swap is anything similar to sentencing an admitted deserter to prison time. Bergdahl may yet have his day in court martial. Perhaps think of it this way; do you think anyone is encouraged to desert because of Bergdahl's example? His way was a good method to make oneself short a head.

There is significant double-speak going on around the Bergdahl case. Ironically, some of the people who stand behind the grand jury decision in the Michael Brown case are the same who cry out against the Bergdahl case. He has not been charged; that alone seems like a pretty good reason to be entitled to years of back pay, SSG Gerhard S.. You've passed judgment when you haven't been presented all the evidence. That isn't a fair system.

Anyway, I have yet to see an argument about why Bergdahl is some poster-child for desertion with impunity.

I have to wonder, a Service-member who doesn't trust the military or governmental systems must recognize that they are in the wrong line of work, right?
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SSG Gerhard S.
SSG Gerhard S.
10 y
[~273I MAJ Ryan K.] I am not attempting to pass judgment on, Bergdahl, but most credible accounts lead to willful desertion, and possibly collusion, not to one of our allies, but rather to the enemy at his front in a theater of war, leaving his post unguarded and his comrades in danger with a gap in their perimeter. THAT is where the similarities begin, but without many of the mitigating factors in the case regarding this post. I wonder if the same people will call for restitution of the cost of Bergdahl's, sum of military training, and civil liability for any possible deaths that resulted from his search. (If found guilty).
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SSG Gerhard S.
SSG Gerhard S.
10 y
Regarding your last statement sir, as in most matters governmental, the military is no different in its inefficiencies, and ineffectual bureaucratic nature when it comes to dealing with its personnel, particularly on a psychological level. Many Americans have reason to distrust their government, from those who have been drafted into service (Vietnam) against their will (that's in league with slavery), and then tossed out on their own with PTSD and other maladies, to those who were betrayed by the VA System at Walter Reed and other facilities, to those, who even more recently have been put on secret waiting lists while they suffered or died. Men and Women in the military tend to have a special trust with their peers, and with their immediate chain of command, but are not unwise to be wary of the bureaucracies that lie above, that can force them out onto the street, or into senseless missions based on the whims of politicians.

I could point to the "sick call" system that had me repeatedly going to TMC for fever, sinus congestion, sore throat and ear ache, to see a Sp4 leaf through a protocol book repeatedly prescribing throat lozenges, pseudophed, and Tylenol to treat my symptoms without ever taking a throat culture, or bloodwork.

Finally after 10 days if these increasingly worse symptoms (3 visits to TMC), without ever being seen by a doctor, nurse, or PA. I could no longer eat, or breathe through my nose, my balance was off, and I developed a bulge in my forehead from the sinus congestion. The only way to avoid the TMC was to wait until it closed and get a cab ride to the hospital where I was diagnosed with Strep throat, and viral infections in my ear and sinuses that required 10 days in the hospital and caused my ear drum to separate and fall out. The Charge of quarters told me I had to wait till morning and go to the TMC, and my chain of command chided me for not returning to the TMC and for going to the hospital without approval from the TMC. Clearly there were flaws in the system, and people CAN fall through the cracks. I hope this TMC issue has since been resolved. The Lieutenant we're speaking of believed there were still some cracks to fall through regarding his situation. I've never claimed he should not face consequences for his actions, only that there ARE extenuating circumstances that perhaps should have been allowed to be aired in court, of course that might have led to some uncomfortable questions about those "cracks ". My opinion, respectfully.
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TSgt Joshua Copeland
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Was it a crime. Yes.

Does the sentence fit the crime. I would have to argue that it does. Here is why. The education at West Point (or any Service Academy) is valued at between 200K to 400K (depending on source and if they include the military training portions). The is felony grand theft since he took the goods (education) without paying for it (obligated service). In NYS on the civilian side, the standard sentence for this is 3-25 years

Looking at desertion as a individual crime, 4 years is light considering the max penalty is death.

Speaking directly to the "self admin therapy", while it may have helped, based on what I have read, he did not seek competent medical assistance. That is akin to saying someone that is really stressed out should be mitigating when charged with drug use because they were "self medicating".
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LTC Instructor
LTC (Join to see)
10 y
TSgt Joshua Copeland, I tend to agree with you. Without having read the judge's opinion, I suspect that the sentence was relatively light because of the mitigating circumstance (mental health) and the favorable testimony (the French General and the U.S. Army doctor).

Whether or not his conduct is theft is another matter. I doubt that, legally, it qualifies as theft.
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TSgt Joshua Copeland
TSgt Joshua Copeland
10 y
LTC (Join to see), I used the theft as an analogy more then an actual charge against him.
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COL Jason Smallfield, PMP, CFM, CM
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Army Officer, Desertion and French Foreign Legion thoughts:
- Fact. LT Franks deserted from his post at Fort Drum, NY.
- Fact. Desertion is a crime punishable by death IAW the UCMJ.
- Fact. LT Franks graduated from West Point in 2008 and was required to serve in the US Army for a period of years (varies class by class) as repayment for the cost of his education. Generally 5 years. LT Franks only repaid the Army for about 1 year of his commitment.
- Why LT Franks deserted (he says suicidal thoughts) is a matter of extenuation and/or mitigation. It does NOT go to whether he is guilty of the crime of desertion or not.
- Receiving a four year sentence when he could have received death for desertion in a time of war and when he owed about 4 more years of service due to his graduation from West Point is more than reasonable. I would argue lenient.
- The article does not stated but I would argue he should be forced to repay the cost of his education in addition to his four year prison term.
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LTC Instructor
LTC (Join to see)
10 y
COL Jason Smallfield, PMP, CFM, CM, In an editorial written by his parents shortly after his departure from the country, his father promised to make restitution to the taxpayers for the costs of their son's education.
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COL Jason Smallfield, PMP, CFM, CM
COL Jason Smallfield, PMP, CFM, CM
10 y
Restitution is good but restitution is the responsibility of the officer and not the father.
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SSG Timothy McCoy
SSG Timothy McCoy
10 y
COL Jason Smallfield, I must agree to your post. As the Lt. must take reasonability for his actions or in-action in this case, he should be made to make restitution not daddy deep –pockets.
Lt. Frank’s father could pay the dollar amount, but Mr. Franks can’t repair the honor, dignity, and Patriotism back to The Gray Line, or the institution as a whole.
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