bowe-bergdahl-case-judge-lets-rare-misbehavior-charge-proceed

So article 99 of the UCMJ:
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.

So when he caused the DUSTWUN, he triggered 7. By walking off his post under cover of darkness he triggers 1 and he left his weapons and kit so he triggered 4. These were not allegations. He admits to doing these things in his own words in Episode 1 of the Serial Podcast.

When you dive into the elements, it appears 3 is triggered when he intentionally walked off the patrol base, he endangered the patrol base in the presence of the enemy.