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United States News
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Title: Bowe Bergdahl, once missing U.S. soldier, charged with desertion
Source: [None]
URL Source: http://www.washingtonpost.com/news/ ... harged-with-desertion/?hpid=z1
Published: Mar 25, 2015
Author: Dan Lamothe
Post Date: 2015-03-25 14:36:55 by A K A Stone
Keywords: None
Views: 13165
Comments: 86

Sgt. Bowe Bergdahl, the U.S. soldier who was recovered in Afghanistan last spring after five years in captivity, faces charges of desertion and misbehavior before the enemy, according to his lawyer.

Eugene Fidell, Bergdahl’s attorney, told The Washington Post that his client was handed a charge sheet on Tuesday. Army officials announced they will provide an update in his case at 3:30 p.m. at Fort Bragg, N.C., but declined to discuss new developments ahead of the news conference.

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Begin Trace Mode for Comment # 25.

#7. To: A K A Stone, Noulo chan, *Military or Vets Affairs* (#0)

Bergdahl will faces charges under articles 85 and 99 of the military’s Uniform Code of Military Justice, Fidell said.

Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France.

Article 99, misbehavior before the enemy, applies to a service member who has run away in the face of the enemy, abandoned his unit, cast aside his weapon or ammunition or willfully failed “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.” http://www.washingtonpost.com/news/checkpoint/wp/2015/03/25/bowe-bergdahl-once- missing-u-s-soldier-charged-with-desertion/?hpid=z1

redleghunter  posted on  2015-03-25   15:26:35 ET  Reply   Untrace   Trace   Private Reply  


#15. To: redleghunter (#7)

Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France.

As we are not at war, the maximum penalty for desertion is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Things like the war on poverty, the war on drugs, and the global war on terrorism do not count as wars for legal purposes.

e. Maximum punishment.

(1) Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

(2) Other cases of completed or attempted desertion.

(a) Terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(b) Terminated otherwise. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(3) In time of war. Death or such other punishment as a court-martial may direct.

UCMJ Art 85 - Desertion (From Manual of Courts-Martial)

nolu chan  posted on  2015-03-25   19:32:39 ET  Reply   Untrace   Trace   Private Reply  


#24. To: nolu chan (#15)

Time of war can be interpreted. I could not read the image you posted. Does it say the war must be declared by Congress?

I'm sure the defense will bring this up. I seriously doubt it would hold.

Afghanistan was a declared hostile zone.

Maybe this will lead to the question of the Constitutionality of the war powers act.

redleghunter  posted on  2015-03-25   23:51:36 ET  Reply   Untrace   Trace   Private Reply  


#25. To: redleghunter (#24)

I could not read the image you posted.

You have computer or connection problems.

Fred Mertz  posted on  2015-03-25   23:55:17 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 25.

#28. To: Fred Mertz (#25)

Tablet

redleghunter  posted on  2015-03-26 00:11:10 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 25.

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