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Title: Bowe Bergdahl should NOT go to prison for 'deserting' his unit before he was captured by the Taliban, recommends preliminary military hearing
Source:
Daily Mail Online
URL Source: http://www.dailymail.co.uk/news/art ... commends-no-jail-Bergdahl.html
Published: Oct 10, 2015
Author: Dailymail.com Reporter and Reuters and A
Post Date: 2015-10-10 18:14:40 by cranky
Keywords: None
Views: 3557
Comments: 29
An Army officer is recommending that Sgt Bowe Bergdahl face a lower-level court martial and be spared the possibility of jail time for leaving his post in Afghanistan, his lawyer said Saturday. In a memorandum issued on Friday, Lieutenant Colonel Mark Visger, the presiding officer at the Article 32 hearing last month in San Antonio, recommended 'non-judicial punishment' for Bergdahl. Military prosecutors told the two-day hearing Bergdahl should be held accountable because he intended to desert his post and said his actions fundamentally altered US operations in Afghanistan. Scroll down for video A US Army officer has recommended Sergeant Bowe Bergdahl should not be sent to military prison Bergdahl was charged earlier this year with desertion and misbehavior before the enemy and faces life in jail The 29-year-old was held captive by the Taliban in Afghanistan for five years after leaving his post in 2009 Military officials were not immediately available for comment about that the man who was held captive by the Taliban in Afghanistan for five years after leaving his post in 2009. Defense attorney Eugene Fidell said Visger has decided a civilian system should handle Bergdahl's case. It limits the maximum punishment to a reduction of rank, a bad conduct discharge and a short jail term, though that isn't being sought, Fidell said. Bergdahl, 29, was charged earlier this year with desertion and misbehavior before the enemy. He faces up to life in prison if convicted of the more serious offense of misbehavior. General Robert Abrams, the commanding general of US Army Forces Command, will ultimately decide whether the case should be referred to a court-martial. No timeline has been given for a decision from Abrams. Under the Uniform Code of Military Justice, Article 15 punishments include reduction of one grade in rank or a requirement that the soldier perform additional duties. Major General Kenneth Dahl, who led the military's investigation into Bergdahl's disappearance and capture, told last month's hearing Bergdahl should not be imprisoned, saying he was not a Taliban sympathizer. Dahl characterized Bergdahl as an unrealistically idealistic soldier who left his post to report concerns about his unit's leadership to a general at another base. Lt Colonel Mark Visger, the presiding officer at the Article 32 hearing, recommended 'non-judicial punishment' Bergdahl seen sitting in a vehicle guarded by the Taliban in Afghanistan in a video taken from a jihad website Republican presidential candidate Donald Trump has said Bergdahl should face execution for leaving his post He added that none of the soldiers sent to look for Bergdahl had been killed. Bergdahl disappeared on June 30, 2009, from Combat Outpost Mest-Lalak in Paktika Province, Afghanistan, and was captured by the Taliban, where he suffered years of abuse and torture. He was freed five years later in a prisoner swap that sent five Taliban leaders who were being held at Guantanamo to Qatar. His commanding officers said the 45-day search for Bergdahl put soldiers in danger. During a Thursday speech at the Treasure Island hotel on the Las Vegas Strip, Republican presidential candidate Donald Trump said Bergdahl should face execution for leaving his post. Trump called Bergdahl a 'no good traitor,' and said he would have been shot if it was 30 years ago.
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#1. To: cranky (#0)
More libtarded journalistic garbage from the DailyMail.Com Making excuses for the criminal trash of our country. I'm the infidel... Allah warned you about. كافر المسلح
trump's right on this one, i'd help with the firing squad.
Sounds like SOMEBODY is going to get promoted to full Bird by DA shortly,doesn't it? Seems like nobody in the army these days with a commission has any balls at all. Yes,soldiers ARE required to follow orders,but officers have the right to refuse and resign their commissions. Seems to me like almost all of them now put careers ahead of honor. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
We all know you aren't what is called a "deep thinker",but the Daily Mail doesn't decide while military cases get prosecuted and which don't. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
We all know you are real old, senile and have one foot (that's five toes) in the grave... But DailyMail is libtarded by posting anything slanted toward the left. Defending this piece of shit by mitigating his culpability, is defending the deal our piece of shit Kenyan made for him. I'm the infidel... Allah warned you about. كافر المسلح
If I were to serve on the jury of former military persons, or any other Americans indicted and charged with carrying out the appropriate sentence, I would vote not guilty. .......... Just sayin'..........
As I keep saying,there are good reasons you were a cop. You just aren't capable of thinking on your own,and need someone dominate/butch to you to tell you what to think and what to do. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
You need more material, grandpa. I'm the infidel... Allah warned you about. كافر المسلح
You need more material, grandpa. Nothing is more profound than the simple truth. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
And so much for the integrity of the military that you touted. потому что Бог хочет это тот путь
What is the penalty for desertion in a time of war?
Psalm 37
The presiding officer can make whatever recommendations they see fit. General Abrams will make the actual decision. So the presiding officer cannot drop or change any of the charges. Still not over. Abrams is a mercurial type. So anything can happen now. "For when we were yet without strength, in due time Christ died for the ungodly."---Romans 5:6
Maybe not. But it appears the fix is in. There are three kinds of people in the world: those that can add and those that can't
Desertion during a time of war can carry the death penalty. And has. There are three kinds of people in the world: those that can add and those that can't
Abrams? Any relation to Tanker Abrams? Dang, that takes me back. There are three kinds of people in the world: those that can add and those that can't
Yes. The youngest of his sons.
"For when we were yet without strength, in due time Christ died for the ungodly."---Romans 5:6
Unpredictable or no he still knows were his bread is buttered. потому что Бог хочет это тот путь
Unpredictable. Know that mostly from second hand accounts. Never directly worked for him. Had one direct encounter with him in Iraq but nothing to write home about. "For when we were yet without strength, in due time Christ died for the ungodly."---Romans 5:6
We're living in a time of traitors, at all levels.
Psalm 37
I must be getting old. Well, at least it's not a grandson. There are three kinds of people in the world: those that can add and those that can't
Of course the fix is in. It was from day one, when Zero traded Gitmo detainees for this worthless piece of crap. Any kind of meaningful punishment now would make the boy emperor look bad. And the boy emperor cannot be made to look bad. "Blessed is the nation whose God is the LORD . . . " ~Psalm 33:12a
This is clearly a correct reading of the law. [Article] Under the Uniform Code of Military Justice, Article 15 punishments include reduction of one grade in rank or a requirement that the soldier perform additional duties. [Article] Major General Kenneth Dahl, who led the military's investigation into Bergdahl's disappearance and capture, told last month's hearing Bergdahl should not be imprisoned, saying he was not a Taliban sympathizer. The actual main player in this story is not O-5 LCOL Visger, but O-8 MGEN Dahl. LCOL Visger was the presiding officer and legally made the recommendation, and was free to accept or reject the opinion of MGEN Dahl. Or, when the O-8 gave his "opinion" to the O-5, the O-5 was free to go along to get along, or he was free to commit career suicide. It is unlikely he was assigned to the case because of any suicidal tendencies. While the Daily Mail indicates that the defense attorney indicated that LCOL Visger recommended Article 15 non-judicial punishment, this is in conflict with other sources that indicate LCOL Visger recommended a Special Court-Martial (SPCM) with no imprisonment, rather than a more severe General Court-Martial (GCM). An SPCM or GCM is a judicial proceeding. In common parlance, a GCM is a felony court, and an SPCM is a misdemeanor court. A Summary Court Martial (SCM) is an administrative proceeding, as is an Article 15 proceeding. I think this was mis-reported by the Daily Mail and the recommendation is for a Special Court-Martial (SPCM). Army Times The officer in charge of Sgt. Bowe Bergdahl's Article 32 hearing has recommended that the soldier accused of desertion avoid jail time for his actions, according to Bergdahl's civil defense attorney. Lt. Col. Mark Visger's report to Gen. Robert Abrams, the head of Army Forces Command who is in charge of the case, also will advise that the matter be decided at a special court-martial, lawyer Eugene Fidell told Army Times on Saturday, confirming reports in other media outlets. Soldiers facing special courts-martial can receive no more than a year in jail and no worse than a bad-conduct discharge; punishments regarding hard labor and pay forfeiture have similar restrictions. [...] http://www.cnn.com/2015/10/11/us/bowe-bergdahl-military-hearing/ By Ed Payne and Ed Lavandera (CNN)The U.S. military officer in charge of last month's hearing for Army Sgt. Bowe Bergdahl has recommended he not do any jail time, Bergdahl's legal team says. In a memorandum dated Friday, the legal team said it agreed with Lt. Col. Mark Visger's conclusion that their client be referred to a special court-martial and receive neither jail time nor a punitive discharge. The recommendation, which hasn't been announced publicly by the U.S. military, is a significant development for Bergdahl, who in March was charged with desertion and misbehavior before the enemy. [...] Referral to an SPCM essentially lowers the punishment to that for a misdemeanor. Referral any lower than that eliminates any criminal proceedings. General Abrams will decide between a GCM or SPCM. He could decide on neither, but that seems unlikely.
Maybe nowadays. I seem to recall company grade article 15s maxed out at loss of one pay grade, loss of one third of a months salary for three months and three months in a ccf. Battalion grade article 15s were about twice that. But I could be wrong. There are three kinds of people in the world: those that can add and those that can't
I seem to recall company grade article 15s maxed out at loss of one pay grade, loss of one third of a months salary for three months and three months in a ccf. The Article claim that the potential punishment includes that stated did not exclude other or greater punishments. It was most certainly not a complete list. Manual of Courts-Martial (MCM), 2012 Edition, Part V, Nonjudicial Punishment Procedure, pp. V-4 and V-5. a. General limitations. The Secretary concerned may limit the power granted by Article 15 with respect to the kind and amount of the punishment authorized. Subject to paragraphs 1 and 4 of this Part and to regulations of the Secretary concerned, the kinds and amounts of punishment authorized by Article 15(b) may be imposed upon servicemembers as provided in this paragraph. b. Authorized maximum punishments. In addition to or in lieu of admonition or reprimand, the following disciplinary punishments subject to the limitation of paragraph 5d of this Part, may be imposed upon servicemembers: (1) Upon commissioned officers and warrant officers— (A) By any commanding officer—restriction to specified limits, with or without suspension from duty for not more than 30 consecutive days; (B) If imposed by an officer exercising general court-martial jurisdiction, an officer of general or flag rank in command, or a principal assistant as defined in paragraph 2c of this Part— (i) arrest in quarters for not more than 30 consecutive days; (ii) forfeiture of not more than one-half of one month’s pay per month for 2 months; (iii) restriction to specified limits, with or without suspension from duty, for not more than 60 consecutive days; (2) Upon other military personnel of the command— (A) By any nonjudicial punishment authority— (i) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than 3 consecutive days; (ii) correctional custody for not more than 7 consecutive days; - - - V-5 (iii) forfeiture of not more than 7 days’ pay; (iv) reduction to the next inferior grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction; (v) extra duties, including fatigue or other duties, for not more than 14 consecutive days; (vi) restriction to specified limits, with or without suspension from duty, for not more than 14 consecutive days; (B) If imposed by a commanding officer of the grade of major or lieutenant commander or above or a principal assistant as defined in paragraph 2c of this Part— (i) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than 3 consecutive days; (ii) correctional custody for not more than 30 consecutive days; (iii) forfeiture of not more than one-half of 1 month’s pay per month for 2 months; (iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but enlisted members in pay grades above E-4 may not be reduced more than one pay grade, except that during time of war or national emergency this category of persons may be reduced two grades if the Secretary concerned determines that circumstances require the removal of this limitation; (v) extra duties, including fatigue or other duties, for not more than 45 consecutive days; (vi) restriction to specified limits, with or without suspension from duty, for not more than 60 consecutive days.
Never read it. I'm just going by my memory of a couple of classes on the UCMJ during basic training about forty-five years ago. There are three kinds of people in the world: those that can add and those that can't
No way this is simply an article 15. If their is no GCM it will be a bad conduct discharge. Admin move he's out with confession and "time served" with the Taliban. Chicken poop way to go but see it happening. Then again the mercurial Abrams could just say "let the panel figure it out." "For when we were yet without strength, in due time Christ died for the ungodly."---Romans 5:6
It could be a General under other than honorable (OTH) with time served. To be clear, I think he deserves a GCM with a BCD.
Yes given what is known by open sources, and if I sat as the 32 officer that is what I would recommend to the GCM convening authority. In my narrative I would explain that "SGT Bergdahl deserves his day in court to clear his name of such serious charges." That's how you convince Abrams to go GCM. Give him the latitude to look impartial. Other than GCM, the Army looks weak to their own. "For when we were yet without strength, in due time Christ died for the ungodly."---Romans 5:6
It is also Federal law, codified at 10 United States Code, Section 815 Art. 15. Commanding officer's non-judicial punishment
#2. To: cranky (#0)
Republican presidential candidate Donald Trump has said Bergdahl should face execution for leaving his post
#3. To: cranky (#0)
Presiding officer at Article 32 hearing last month in Texas, Lieutenant Colonel Mark Visger, recommended 'non-judicial punishment' for Bergdahl
#4. To: GrandIsland (#1)
More libtarded journalistic garbage from the DailyMail.Com
#5. To: sneakypete (#4)
We all know you aren't what is called a "deep thinker",but the Daily Mail doesn't decide while military cases get prosecuted and which don't.
#6. To: cranky (#0)
#7. To: GrandIsland (#5)
We all know you are real old, senile and have one foot (that's five toes) in the grave... But DailyMail is libtarded by posting anything slanted toward the left. Defending this piece of shit by mitigating his culpability, is defending the deal our piece of shit Kenyan made for him.
#8. To: sneakypete (#7)
As I keep saying,there are good reasons you were a cop.
#9. To: GrandIsland (#8)
As I keep saying,there are good reasons you were a cop.
#10. To: redleghunter (#0)
An Army officer is recommending that Sgt Bowe Bergdahl face a lower-level court martial and be spared the possibility of jail time for leaving his post in Afghanistan, his lawyer said Saturday.
#11. To: cranky (#0)
#12. To: SOSO, nolu chan, A K A Stone, cranky, tomder55, redleghunter, tooconservative, whitesands, liberator (#10)
#13. To: redleghunter (#12)
Still not over.
#14. To: Don (#11)
What is the penalty for desertion in a time of war?
#15. To: redleghunter (#12)
Abrams is a mercurial type.
#16. To: cranky (#15)
#17. To: redleghunter (#12)
Abrams is a mercurial type. So anything can happen now.
#18. To: SOSO (#17)
#19. To: cranky (#14)
#20. To: redleghunter (#16)
Yes. The youngest of his sons.
#21. To: cranky (#13)
But it appears the fix is in.
#22. To: redleghunter, SOSO, A K A Stone, cranky, tomder55, redleghunter, tooconservative, whitesands, liberator (#12)
[redleghunter] The presiding officer can make whatever recommendations they see fit. General Abrams will make the actual decision. So the presiding officer cannot drop or change any of the charges.
[Article] In a memorandum issued on Friday, Lieutenant Colonel Mark Visger, the presiding officer at the Article 32 hearing last month in San Antonio, recommended 'non-judicial punishment' for Bergdahl.
Lawyer: Officer recommends no jail for Bergdahl
Staff report
October 10, 2015, 1:30 p.m. EDT Army hearing officer recommends no jail for Bowe Bergdahl, lawyers say
CNN
Updated 2:24 PM ET, Sun October 11, 2015
#23. To: nolu chan (#22)
[Article] Under the Uniform Code of Military Justice, Article 15 punishments include reduction of one grade in rank or a requirement that the soldier perform additional duties.
#24. To: cranky (#23)
[Article] Under the Uniform Code of Military Justice, Article 15 punishments include reduction of one grade in rank or a requirement that the soldier perform additional duties.
Maybe nowadays.
5. Punishments
#25. To: nolu chan (#24)
Manual of Courts-Martial (MCM), 2012 Edition, Part V, Nonjudicial Punishment Procedure, pp. V-4 and V-5.
#26. To: nolu chan (#24)
#27. To: redleghunter (#26)
If their is no GCM it will be a bad conduct discharge.
#28. To: nolu chan (#27)
To be clear, I think he deserves a GCM with a BCD.
#29. To: cranky (#25)
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