Unconfirmed Bergdahl to be charged with desertion

[wmenorr67]

http://www.foxnews.com/politics/2015/01/27/bergdahl-to-be-charged-with-desertion-ex-military-intel-officer-says/

Love how the higher you go in rank the more you can leak things without getting slapped down.  If this report came from me, an E-6, I would've been in front of at least a full bird within 5 minutes.

[HankB]

We don't know who did the actual leaking - the guy talking to Fox is retired military.

[Jocassee]

In my experience, retired military brass on Fox are full of crap. Waiting for proof on this one before I get excited.

[makattak]

In my experience, retired military brass on Fox are full of crap. Waiting for proof on this one before I get excited.

http://www.nbcnews.com/news/us-news/bowe-bergdahl-be-charged-desertion-officials-say-n294466

NBC is confirming the leak.

[TommyGunn]

In my experience, retired military brass on Fox TV are full of crap. Waiting for proof on this one before I get excited.

FIFY.

[cassandra and sara's daddy]

Isn't nbc the one where the guys brother is on the White House staff?


Sent from my iPad using Tapatalk

[TommyGunn]

Just heard on radio, the U.S. Army is denying that any decision has been made regarding disposition of the Bergdahl matter ....   

In my experience, retired military brass on Fox are full of crap. Waiting for proof on this one before I get excited.

[French G.]

Post, rifles, dawn, deserter. Some assembly required.

[Jocassee]

Just heard on radio, the U.S. Army is denying that any decision has been made regarding disposition of the Bergdahl matter ....     

That may be better evidence for the affirmative than the aforementioned retired brass.

[Scout26]

Just heard on radio, the U.S. Army is denying that any decision has been made regarding disposition of the Bergdahl matter ....     

So the 15-6 investigation may state desertion, but the CG has the power to refer the charges to courts martial or dump the charges, if Bergdahl accepts whatever conditions (LTH discharge, reduction in rank, forfeiture of pay and allowances, etc.) the CG wants.

[wmenorr67]

We don't know who did the actual leaking - the guy talking to Fox is retired military.

Understand that but I bet his source isn't the E-4 paralegal helping type the paperwork.

[Firethorn]

So the 15-6 investigation may state desertion, but the CG has the power to refer the charges to courts martial or dump the charges, if Bergdahl accepts whatever conditions (LTH discharge, reduction in rank, forfeiture of pay and allowances, etc.) the CG wants.

That would probably be a an Art 15 - I wouldn't be surprised if they let him out with an honorable.

I'm still not sure they have enough for desertion as opposed to AWOL.

[MechAg94]

That would probably be a an Art 15 - I wouldn't be surprised if they let him out with an honorable.

I'm still not sure they have enough for desertion as opposed to AWOL.

Does AWOL apply in Afghanistan?

[makattak]

Isn't nbc the one where the guys brother is on the White House staff?

I believe that's CBS.

[wmenorr67]

That would probably be a an Art 15 - I wouldn't be surprised if they let him out with an honorable.

I'm still not sure they have enough for desertion as opposed to AWOL.

Does AWOL apply in Afghanistan?

Usually you have to be AWOL before you can be considered a deserter.  However, IMHO, if you walk of a FOB, on your own, at night, without your weapons, and you have sent your personal belongings home already, you are a deserter and deserve to be shot and/or hung.

[Scout26]

That would probably be a an Art 15 - I wouldn't be surprised if they let him out with an honorable.

I'm still not sure they have enough for desertion as opposed to AWOL.

Article 85 Desertion:

(a) Any member of the armed forces who–


(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(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, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
 

Plus this:
UCMJ Article 99 Misbehavior Before the Enemy.

“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.”

Elements.

(1) Running away.


(a) That the accused was before or in the presence of the enemy;

(b) That the accused misbehaved by running away; and

(c) That the accused intended to avoid actual or impending combat with the enemy by running away.

(2) Shamefully abandoning, surrendering, or delivering up command.


(a) That the accused was charged by orders or circumstances with the duty to defend a certain command, unit, place, ship, or military property;

(b) That, without justification, the accused shamefully abandoned, surrendered, or delivered up that command, unit, place, ship, or military property; and

(c) That this act occurred while the accused was before or in the presence of the enemy.

(3) Endangering safety of a command, unit, place, ship, or military property.


(a) That it was the duty of the accused to de-fend a certain command, unit, place, ship, or certain military property;

(b) That the accused committed certain disobedience, neglect, or intentional misconduct;

(c) That the accused thereby endangered the safety of the command, unit, place, ship, or military property; and

(d) That this act occurred while the accused was before or in the presence of the enemy.

(4) Casting away arms or ammunition.


(a) That the accused was before or in the presence of the enemy; and

(b) That the accused cast away certain arms or ammunition.

(5) Cowardly conduct.


(a) That the accused committed an act of cowardice;

(b) That this conduct occurred while the accused was before or in the presence of the enemy; and

(c) That this conduct was the result of fear.

(6) Quitting place of duty to plunder or pillage.


(a) That the accused was before or in the presence of the enemy;

(b) That the accused quit the accused’s place of duty; and

(c) That the accused’s intention in quitting was to plunder or pillage public or private property.

(7) Causing false alarms.


(a) That an alarm was caused in a certain command, unit, or place under control of the armed forces of the United States;

(b) That the accused caused the alarm;

(c) That the alarm was caused without any reasonable or sufficient justification or excuse; and

(d) That this act occurred while the accused was before or in the presence of the enemy.

(8) Willfully failing to do utmost to encounter enemy.


(a) That the accused was serving before or in the presence of the enemy;

(b) That the accused had a duty to encounter, engage, capture, or destroy certain enemy troops, combatants, vessels, aircraft, or a certain other thing; and

(c) That the accused willfully failed to do the utmost to perform that duty.

(9) Failing to afford relief and assistance.


(a) That certain troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or an ally of the United States were engaged in battle and required relief and assistance;

(b) That the accused was in a position and able to render relief and assistance to these troops, combatants, vessels, or aircraft, without jeopardy to the accused’s mission;

(c) That the accused failed to afford all practicable relief and assistance;
 and
(d) That, at the time, the accused was before or in the presence of the enemy.

Explanation.

(1) Running away.

(a) Running away. “Running away” means an unauthorized departure to avoid actual or impending combat. It need not, however, be the result of fear, and there is no requirement that the accused literally run.

(b) Enemy. “Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.

(c) Before the enemy. Whether a person is “before the enemy” is a question of tactical relation, not distance. For example, a member of an antiaircraft gun crew charged with opposing anticipated attack from the air, or a member of a unit about to move into combat may be before the enemy although miles from the enemy lines. On the other hand, an organization some distance from the front or immediate area of combat which is not a part of a tactical operation then going on or in immediate prospect is not “before or in the presence of the enemy” within the meaning of this article.

(2) Shamefully abandoning, surrendering, or delivering up of command.


(a) Scope. This provision concerns primarily commanders chargeable with responsibility for defending a command, unit, place, ship or military property. Abandonment by a subordinate would ordinarily be charged as running away.

(b) Shameful. Surrender or abandonment with-out justification is shameful within the meaning of this article.

(c) Surrender; deliverup. “Surrender” and “deliver up” are synonymous for the purposes of this article.

(d) Justification. Surrender or abandonment of a command, unit, place, ship, or military property by a person charged with its can be justified only by the utmost necessity or extremity.

(3) Endangering safety of a command, unit, place, ship, or military property.


(a) Neglect. “Neglect” is the absence of conduct which would have been taken by a reasonably careful person in the same or similar circumstances.

(b) Intentional misconduct. “Intentional misconduct” does not include a mere error in judgment.

(4) Casting away arms or ammunition. Self-explanatory.

(5) Cowardly conduct.


(a) Cowardice. “Cowardice” is misbehavior motivated by fear.

(b) Fear. Fear is a natural feeling of apprehension when going into battle. The mere display of apprehension does not constitute this offense.

(c) Nature of offense. Refusal or abandonment of a performance of duty before or in the presence of the enemy as a result of fear constitutes this offense.

(d) Defense. Genuine and extreme illness, not generated by cowardice, is a defense.

(6) Quitting place of duty to plunder or pillage.


(a) Place of duty. “Place of duty” includes any place of duty, whether permanent or temporary, fixed or mobile.

(b) Plunder or pillage. “Plunder or pillage” means to seize or appropriate public or private property unlawfully.

(c) Nature of offense. The essence of this offense is quitting the place of duty with intent to plunder or pillage. Merely quitting with that purpose is sufficient, even if the intended misconduct is not done.

(7) Causing false alarms. This provision covers spreading of false or disturbing rumors or reports, as well as the false giving of established alarm signals.

(8) Willfully failing to do utmost to encounter enemy. Willfully refusing a lawful order to go on a combat patrol may violate this provision.

(9) Failing to afford relief and assistance.


(a) All practicable relief and assistance. “All practicable relief and assistance” means all relief and assistance which should be afforded within the limitations imposed upon a person by reason of that person’s own specific tasks or mission.

(b) Nature of offense. This offense is limited to a failure to afford relief and assistance to forces “engaged in battle.”

Lesser included offenses.

(1) Running away.


(a) Article 85—desertion with intent to avoid hazardous or important service

(b) Article 86—absence without authority; going from appointed place of duty

(c) Article 80—attempts

(2) Shamefully abandoning, surrendering, or delivering up command. Article 80—attempts

(3) Endangering safety of a command, unit, place, ship, or military property.


(a) Through disobedience of order . Article 92—failure to obey lawful order

(b) Article 80—attempts

(4) Casting away arms or ammunition.


(a) Article 108—military property of the United States—loss, damage, destruction, or wrongful disposition.

(b) Article 80—attempts

(5) Cowardly conduct.


(a) Article 85—desertion with intent to avoid hazardous duty or important service

(b) Article 86—absence without authority

(c) Article 99—running away

(d) Article 80—attempts

(6) Quitting place of duty to plunder or pillage.


(a) Article 86(2)—going from appointed place of duty

(b) Article 80—attempts

(7) Causing false alarms. Article 80—attempts

(8) Willfully failing to do utmost to encounter enemy. Article 80—attempts

(9) Failing to afford relief and assistance. Article 80—attempts

Maximum punishment. All offenses under Article 99. Death or such other punishment as a court-martial may direct.

Bolding mine.  He should be Eddie Slovak'd.

[vaskidmark]

...and deserve to be shot and/or hung.

Drawn, hung, and quartered.  With the parts hoist in the air at the corners of the realm (define that any way or where you want) to for the crows to finish off.

[Hmmm.  How many basic training centers does the Army have?  If 5 or less the parts could be hoist over the main gate at each one.)

A small number of Nazis at the Nuremburg trials were found guilty of criminal acts that did not rise to the level of crimes against humanity.  They were shot.  Those that were guilty of crimes against humanity and did not commit suicide were hung.  If I remember my history Goering asked for his sentence to be changed to being shot "as it was an honorable soldier's death".  When told "No" he swallowed cyanide.  Several Japanese officers found guilty of crimes against humanity   asked to be allowed to commit sepeku.  They were also hung.

stay safe.

[Scout26]

Drawn, hung, and quartered.  With the parts hoist in the air at the corners of the realm (define that any way or where you want) to for the crows to finish off.

[Hmmm.  How many basic training centers does the Army have?  If 5 or less the parts could be hoist over the main gate at each one.)

A small number of Nazis at the Nuremburg trials were found guilty of criminal acts that did not rise to the level of crimes against humanity.  They were shot.  Those that were guilty of crimes against humanity and did not commit suicide were hung.  If I remember my history Goering asked for his sentence to be changed to being shot "as it was an honorable soldier's death".  When told "No" he swallowed cyanide.  Several Japanese officers found guilty of crimes against humanity   asked to be allowed to commit sepeku.  They were also hung.

stay safe.

Army Basic Training posts, there are four: Ft. Jackson, SC; Ft. Benning, GA; Ft. Leonard Wood, MO; and Ft. Sill, OK.   There are other posts that have AIT, but these four are the only BCT posts.  So he could easily be drawn and then quartered.  However, that, sadly, is not a proscribed punishment available to a Courts Martial.   

Death by firing squad is though.

[vaskidmark]

Army Basic Training posts, there are four: Ft. Jackson, SC; Ft. Benning, GA; Ft. Leonard Wood, MO; and Ft. Sill, OK.   There are other posts that have AIT, but these four are the only BCT posts.  So he could easily be drawn and then quartered.  However, that, sadly, is not a proscribed punishment available to a Courts Martial.   

Death by firing squad is though.

All it takes is a Presidential Memorandum.  Not that he would ever sign one.  But I don't think we need one:

Articles 85 and 99, as quoted below by you, reads "shall be punished by death or such other punishment as a court-martial may direct.”   A court could sentence him to Tiddly-Winks if it wanted to.  (About the only limitation would be that flogging was removed as an option.)

And just to continue the giggle-fest - the 8th Amendment does not apply to the military.

stay safe.

[wmenorr67]

What makes me think that Obama will pardon him before he leaves office.

[Waitone]

Evidently the brass want this guy thumped.  Likewise Obama has waaaay too much skin in the game as he freed 5 (IIRC) bad guy's in exchange.  He's hoping the problem goes away.  So whose gonna win?  My money is on Obama.

[Monkeyleg]

My money is on Obama.

When it comes down to Obama vs. Congress, or Obama vs military, or Obama vs just about any governmental branch, betting on Obama is safe.

[Scout26]

Obama - "Hey Michelle, the Joint Chiefs want to come over for a movie night sometime.  Thy said, they'd bring the movie."

Michelle- "What movie?"

Obama- "Something called Seven Days in May, they say it's supposed to be really good."

[TommyGunn]

Obama - "Hey Michelle, the Joint Chiefs want to come over for a movie night sometime.  Thy said, they'd bring the movie."

Michelle- "What movie?"

Obama- "Something called Seven Days in May, they say it's supposed to be really good."

 

Yup.    The book was a lot better .... but the movie was one of the most competent movies ever made from a book.
Tom Clancy wishes he could write like Fletcher Knebel and Charles Bailey .....

[Hawkmoon]

Army Basic Training posts, there are four: Ft. Jackson, SC; Ft. Benning, GA; Ft. Leonard Wood, MO; and Ft. Sill, OK.   There are other posts that have AIT, but these four are the only BCT posts.  So he could easily be drawn and then quartered.  However, that, sadly, is not a proscribed punishment available to a Courts Martial.   

When did Fort Dix, NJ, cease to be a BCT post?

Fort Lost in the Woods? I remember it well -- unfortunately.