Posted on Dec 22, 2014
Bergdahl could face court martial; how do you think it should be handled?
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Bergdahl
Accountability
Court Martial
Posted 10 y ago
Responses: 12
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His actions were selfish and reckless and he shares the responsibility for those Soldiers killed looking for him. This process should be handled fair, thorough and transparent. Regardless whether the public ever knows the specifics, the families deserve to know.
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Well, let the process work the way it should. If he is smart, he will probably strike a deal.
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SGT Clive Choat
Liberals already have deal in place.
1. Let Army save face with "sham" trial.
2. Cop a plea to save the president's street cred.
3. A full Presidential pardon before Obama leaves office. (Plus upgraded discharge and back pay)
4. Book deal and tour!
5. VA medical pension due to PTSD incurred due to conservatives demanding that he face "real" as opposed to "liberal" justice.
1. Let Army save face with "sham" trial.
2. Cop a plea to save the president's street cred.
3. A full Presidential pardon before Obama leaves office. (Plus upgraded discharge and back pay)
4. Book deal and tour!
5. VA medical pension due to PTSD incurred due to conservatives demanding that he face "real" as opposed to "liberal" justice.
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4
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Probably won't learn anything new in a court-martial. It's apparent he's disserted his post. If he acknowledges this, I'd charge him (as NCO, recommend the charge) Article 85 desertion. Initiate chapter under Chapter 10, which is chapter in lieu of court-martial for other the honorable conditions. be done with it. The military just need to wash its hands of this guy.
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Lt Col (Join to see)
If he acknowledges this, I would sort of agree with your outcome as long as there are some mitigating circumstances that support some leniency. If guilty I sure as hell do not think he should be rewarded for this behavior. IMO, if guilty for any reason at a minimum he should forfeit all the back pay, is reverted to an E-1 and forfeit all benefits from the VA with the exception of maybe psychological counseling.
If he is guilty, he cost the government time and resources. Those resources may have resulted in the deaths of other US servicemen, not just the search party. Those resources such as a mundane drone over watch are given up to units with priority tasks. When re-tasked for a PR event that was induced by the rescuee it deprives another unit of said resources that could result in a mission failure on a lost opportunity to grab an HVT that is facilitating the means to do terrorism. Or possibly now a unit no longer has eyes on them and is more vulnerable for an attack.
Based off of the conjecture and possible allegations the charges are extremely serious. There is the potential for the following charges.
There is obviously Article 85 for desertion as you stated.
If he dropped his weapon and surrendered to an enemy without sounding the alarm or resisting that could be Article 99 Misbehavior before the enemy.
If he was negligent and got ambushed by the enemy he could be charged under Article 98 for non compliance for procedural rules.
If his intent was to revert to the other side that's Article 104 for Aiding the Enemy.
Possibly even Article 105 as misconduct as a prisoner.
Of course what I said applies if he acknowledges guilt. I do not speculate his guilt or innocence as I do not have any facts other than 3rd and 4th conjecture on the internet. It will be up to a court martial or the convening authority to judiciously review all the evidence and decide the appropriate steps and overall outcome. We can not ignore the allegations as they are serious and need to be addressed. This is not the type thing we want to allow a trend to occur, where anyone feels they have had too much just walks off the base waiving the white flag.
If he is guilty, he cost the government time and resources. Those resources may have resulted in the deaths of other US servicemen, not just the search party. Those resources such as a mundane drone over watch are given up to units with priority tasks. When re-tasked for a PR event that was induced by the rescuee it deprives another unit of said resources that could result in a mission failure on a lost opportunity to grab an HVT that is facilitating the means to do terrorism. Or possibly now a unit no longer has eyes on them and is more vulnerable for an attack.
Based off of the conjecture and possible allegations the charges are extremely serious. There is the potential for the following charges.
There is obviously Article 85 for desertion as you stated.
If he dropped his weapon and surrendered to an enemy without sounding the alarm or resisting that could be Article 99 Misbehavior before the enemy.
If he was negligent and got ambushed by the enemy he could be charged under Article 98 for non compliance for procedural rules.
If his intent was to revert to the other side that's Article 104 for Aiding the Enemy.
Possibly even Article 105 as misconduct as a prisoner.
Of course what I said applies if he acknowledges guilt. I do not speculate his guilt or innocence as I do not have any facts other than 3rd and 4th conjecture on the internet. It will be up to a court martial or the convening authority to judiciously review all the evidence and decide the appropriate steps and overall outcome. We can not ignore the allegations as they are serious and need to be addressed. This is not the type thing we want to allow a trend to occur, where anyone feels they have had too much just walks off the base waiving the white flag.
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