Army Sgt. Bowe Bergdahl says it’s ‘insulting’ he is considered a traitor | American Military News...

Capt Gregory Prickett - ok don't like it but it makes sense

Capt Gregory Prickett That is what I thought about there not being an official declaration of war. I didn’t want to say it because I wasn’t sure that I was correct about my assumption.

Capt Gregory Prickett, PO1 (Join to see), SGT Jim Arnold - Congress hasn't had the guts to use the term "war" since the 40's, but they have authorized the use of military force to engage in hostilities in foreign countries. Since there's no template in the Constitution for actually declaring war on another country, why shouldn't we consider the congressional authorization to use military force against a foreign country to be a (gutless) declaration of war? It's kind of hard to charge someone with Misbehavior Before the Enemy when there's no enemy.

SSgt Christopher Brose - that would be the prosecution's argument on appeal. Without doing legal research, I don't know how successful that would be, and I'm not inclined to do a bunch of research that I'm not getting paid for.

He is not representative of all of his age. Trust me there are people older who think they are entitled and don't have to be held accountable too.

SFC Kelly Fuerhoff - That's true, it just seems odd that these 2 high profile cases, same generation, both have the same ideas...

Yes but I have seen and know plenty of younger millennials the complete opposite of this guy. My nieces and nephews some are in their teenage years now - and they are not entitled. They work hard and go to school and don't act like these idiots in the news.

Every generation has their idiots and the generation before them always say "back in my day..."

LT Brad McInnis - you said it perfectly. There are consequences to desertion. Those do not include treason or being labeled a traitor.

Capt Gregory Prickett - Desertion comes with the same penalty as treason during a time of war. "(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct,"

https://www.law.cornell.edu/uscode/text/18/2381
http://www.ucmj.us/sub-chapter-10-punitive-articles/885-article-85-desertion

PO3 Steven Sherrill - the last declaration of war was in 1942. Against Bulgaria, Hungary, and Romania.

Second. in Texas, murder comes with the same punishment as aggravated sexual assault of a child, but they are still two separate offenses, and a murderer would have plenty of reason to be offended if he were called a child molester.

Desertion is not treason, and a deserter is not a traitor.

Capt Gregory Prickett - so in your eyes a piece of paper from congress declaring a military action war is required for U.S. troops engaged with our enemies to be fighting a war. That is a slap in the face to those who served in Korea, Vietnam, Grenada, Desert Storm, the Global War on Terror, and countless other small engagements where American Service members were engaged with our enemies.
While on the subject if you look in the UCMJ Treason is not used. Treason is laid out in the US Code. Sedition, Mutiny, Misbehavior before the enemy, Espionage, Aiding the Enemy are terms used when a service member commits an act detrimental to the efforts of the United States Military under the UCMJ. Further a person doesn't have to be charged with treason to be called a traitor. When he walked off his post while on guard protecting his fellow soldiers, he betrayed them.

PO3 Steven Sherrill - First, treason is defined in the U.S. Constitution, in Art. III, §3, cl. 1. To be a traitor, one must have committed treason.

Second, no one denigrated any combat veteran, but the Constitution also states that Congress has the sole power to declare war. And Korea, Vietnam, etc., were not declared wars. And that has a legal effect on charges under the UCMJ.