This member of the United States Army has been formally charged with violation of the Uniform Code of Military Justice Art. 86: Desertion. In addition to the charge of violation of UCMJ Art. 99: Misbehavior before the Enemy.
In order to fully understand the gravity of these charges, one must understand the UCMJ without the media hype that is present when the talking heads report the news. First, let's look at the two relevant articles of the law.
UCMJ Article 86: 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;
I have quoted only the relevant portions of the code. It should be noted that Desertion, in this case does not carry the death penalty since as a matter of law, The United States was not in a state of war at the time of the alleged offense.
UCMJ Article 99: Misbehavior before the enemy.
I don't know how many sections of this article Bergdahl will be charged with in the specifications of his Courts-Martial however, it would seem from news reports that he could be charged with most of them.
There will be a formal Article 32 hearing this summer at Fort Hood, TX. This proceeding is similar to a preliminary hearing in the civilian world. The specific charges and specifications will be read out and made public. Certainly, Bergdahl is in a world of trouble.
Now, those are the facts as we know them and the law which applies, so far. It's time for my opinion. There is absolutely no reason to go UA (Unauthorized Absence) or desert in the modern U. S. Military. No one conscripted any member of the force. The Navy and Marine Corps does not send out "Press Gangs" to force (press) unwitting drunks into service. Since 1973, that's 42 years folks; the United States Military has been fully all volunteer.
Prior to actually taking the oath of enlistment, everyone is fully briefed on the facts of life in the military. Namely, that you may be asked to enter combat and fight an armed enemy who is indeed trying to end your life. You still have a chance to back out.
All during training, the idea of fighting is reenforced. In the case of Bergdahl, we were already embroiled in the conflict in Afghanistan and he knew or should have known that there was an excellent chance that he would be sent there in some sort of combat role.
He told his squad/platoon mates that he was going to desert. He actively looked for the enemy. Although he may have started as a prisoner until he gained the trust of his captors, he intended to remain with them and there is photographic evidence of this. In this regard, he has a large hill to climb to disprove the government's evidence based only on what has been made public. I'm sure the government has more that we have not seen.
Finally and most damning. 6 American servicemen gave their lives to find Bergdahl! His brothers in arms gave their lives in an attempt to save him. They performed their duty with honor and distinction. Nothing will ever bring them back.
The government of the United States traded high ranking terrorists to secure the return of a person who at best, disgraced his uniform. At worst he is a deserter and escapes the firing squad only due to a technicality in the law.
Some have said that Bergdahl has suffered enough. I disagree. He has not suffered nearly enough to compensate the families of those who lost their lives searching for him. He has not suffered enough to compensate his Unit and the United States Army for the loss of faith he has caused them to suffer. He has not suffered enough to compensate the people of the United States who placed a sacred trust in him when he took the oath of enlistment. He was trusted to safeguard all of us!
He has the gall to wear the uniform of a Sergeant in the U. S. Army. Even wearing a Private's uniform, he is a disgrace.
I will watch the case with interest as it unfolds. I do not hold out much hope that he will receive more than a slap on the hand as long as the current political climate prevails in Washington, DC.
Take a moment to remember all of our men and women who serve in uniform, in harm's way today. They honor each of us with their truly honorable service.
As always...
*Please note that in this article I did not use Bergdahl's awarded rank. To call him a Sergeant wold insult everyone who has ever held the rank of NCO/Petty Officer in the U. S. Military.
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.”
I don't know how many sections of this article Bergdahl will be charged with in the specifications of his Courts-Martial however, it would seem from news reports that he could be charged with most of them.
There will be a formal Article 32 hearing this summer at Fort Hood, TX. This proceeding is similar to a preliminary hearing in the civilian world. The specific charges and specifications will be read out and made public. Certainly, Bergdahl is in a world of trouble.
Now, those are the facts as we know them and the law which applies, so far. It's time for my opinion. There is absolutely no reason to go UA (Unauthorized Absence) or desert in the modern U. S. Military. No one conscripted any member of the force. The Navy and Marine Corps does not send out "Press Gangs" to force (press) unwitting drunks into service. Since 1973, that's 42 years folks; the United States Military has been fully all volunteer.
Prior to actually taking the oath of enlistment, everyone is fully briefed on the facts of life in the military. Namely, that you may be asked to enter combat and fight an armed enemy who is indeed trying to end your life. You still have a chance to back out.
All during training, the idea of fighting is reenforced. In the case of Bergdahl, we were already embroiled in the conflict in Afghanistan and he knew or should have known that there was an excellent chance that he would be sent there in some sort of combat role.
He told his squad/platoon mates that he was going to desert. He actively looked for the enemy. Although he may have started as a prisoner until he gained the trust of his captors, he intended to remain with them and there is photographic evidence of this. In this regard, he has a large hill to climb to disprove the government's evidence based only on what has been made public. I'm sure the government has more that we have not seen.
Finally and most damning. 6 American servicemen gave their lives to find Bergdahl! His brothers in arms gave their lives in an attempt to save him. They performed their duty with honor and distinction. Nothing will ever bring them back.
The government of the United States traded high ranking terrorists to secure the return of a person who at best, disgraced his uniform. At worst he is a deserter and escapes the firing squad only due to a technicality in the law.
Some have said that Bergdahl has suffered enough. I disagree. He has not suffered nearly enough to compensate the families of those who lost their lives searching for him. He has not suffered enough to compensate his Unit and the United States Army for the loss of faith he has caused them to suffer. He has not suffered enough to compensate the people of the United States who placed a sacred trust in him when he took the oath of enlistment. He was trusted to safeguard all of us!
He has the gall to wear the uniform of a Sergeant in the U. S. Army. Even wearing a Private's uniform, he is a disgrace.
I will watch the case with interest as it unfolds. I do not hold out much hope that he will receive more than a slap on the hand as long as the current political climate prevails in Washington, DC.
Take a moment to remember all of our men and women who serve in uniform, in harm's way today. They honor each of us with their truly honorable service.
As always...
*Please note that in this article I did not use Bergdahl's awarded rank. To call him a Sergeant wold insult everyone who has ever held the rank of NCO/Petty Officer in the U. S. Military.
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