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Who knows the answer to this question?
Posted in these groups: 
Bergdahl
Unauthorized Absence
Bergdahl Unauthorized Absence
Edited >1 y ago
Posted >1 y ago
Responses: 25
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MAJ Robert (Bob) Petrarca
Thanks SFC Swartz. Until we get this young man's "sordid past" figured out, from what we know, that in my opinion was his status.
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CPT Pedro Meza
MAJ Robert (Bob) Petrarca - It is two years later and his Court Martial is attempting to answer that question while the Coast Guard laughs.
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MSG (Join to see)
No seriously Major ... a little heads up next time. I just laughed so hard I spit my coffee on a rather pricey Mac screen!
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As I recall, by the UCMJ, if you are UA/AWOL for more than 30 days, you are considered a deserter. Therefore, if he did, indeed, walk off his post to go seek comfort from the enemy, then he is not only a deserter through the UCMJ, but the Code of Conduct as well
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1stSgt Eugene Harless
AWOL and UA are in essense they same thing. It is considered desertion if the perception is that you don't intend to return of your own free will. Generally the rule was that on the 30th day of UA (USMC) you would be considered a deserter. The Unit would make a unit Diary Entry and you would be dropped from the rolls and administratively you would be under Headquarters Marine Corps.
The major reason for this is that is you are simply UA (AWOL) you are carried on the unit roster and can't be replaced. Once you are dropped they can replace you with another Marine.
The major reason for this is that is you are simply UA (AWOL) you are carried on the unit roster and can't be replaced. Once you are dropped they can replace you with another Marine.
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1stSgt Eugene Harless
1stSgt Eugene Harless - And of course in a Combat zone the Deserter designation is used much faster.
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CPT John Sheridan
PO2 Rocky Kleeger - the 30 day threshold is an administrative classification, not the crime. At 30 days, AWOL status is changed to deserter on the duty roster. The crime requires a conviction and that requires establishing intent. Specifically, the court must be satisfied that defendant intended to never return. Length of time missing, where he was, and circumstances of return all come into play. A soldier that returns on his own, generally cannot be charged as a deserter. An AWOL soldier captured just a couple of miles off post is usually not considered a deserter.
In Sergeant Bergedahl's case, he is charged with desertion, but the court with likely have to consider that the debriefers, the psychologists, MG Dahl (the investigator), and LTC Visger (hearing officer) all believed that he had intended to return. MG Dahl and LTC Visger recommended and referred the case to the convening authority only a Special Court Martial, and no jail time. The convening authority, General Abrams decided on a General Court Martial.
He wasn't charged for treason, because there is no evidence that he cooperated with his captors and he provided good intelligence in the debriefing. Probably the strongest charge is Misbehavior Before the Enemy.
In Sergeant Bergedahl's case, he is charged with desertion, but the court with likely have to consider that the debriefers, the psychologists, MG Dahl (the investigator), and LTC Visger (hearing officer) all believed that he had intended to return. MG Dahl and LTC Visger recommended and referred the case to the convening authority only a Special Court Martial, and no jail time. The convening authority, General Abrams decided on a General Court Martial.
He wasn't charged for treason, because there is no evidence that he cooperated with his captors and he provided good intelligence in the debriefing. Probably the strongest charge is Misbehavior Before the Enemy.
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Honestly I think the only people who really know are Bergdahl and those guys on that COP/FOB with him. Now we are seeing a lot of stuff played out on the media (which ever group subscribe to) as to interviews from TM/SQD/PLT mates, folks are saying they do not know either.
I think there will be in an investigation, I believe that for a fact. What I also believe is that IF and I will restate that IF there was misconduct on Bergdahl's part as in he willfully deserted his unit, big Army and the general public will never know. I think the results will be classified and it will filed away under executive privilege and that will be the end of it.
What does intrigue me, and this may be SOP, as I have never dealt personally with this, was the unit members being made to sign Non Disclosure Agreements. I haven't heard of this from other instances where Soldiers were MIA.
I think there will be in an investigation, I believe that for a fact. What I also believe is that IF and I will restate that IF there was misconduct on Bergdahl's part as in he willfully deserted his unit, big Army and the general public will never know. I think the results will be classified and it will filed away under executive privilege and that will be the end of it.
What does intrigue me, and this may be SOP, as I have never dealt personally with this, was the unit members being made to sign Non Disclosure Agreements. I haven't heard of this from other instances where Soldiers were MIA.
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Sgt Carlos Barrera
Very simple; you don't abandon your post. He walked away and left his gear.
Regardless of how the situation is on that post; you do not abandon your fellow soldiers and "justify it" by saying it was to get attention to the situation. He is not only a deserter but a COWARD!!!
Regardless of how the situation is on that post; you do not abandon your fellow soldiers and "justify it" by saying it was to get attention to the situation. He is not only a deserter but a COWARD!!!
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