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Title: Bergdahl should spend 14 years in prison, lose health benefits, Army says
Source: Boston Globe
URL Source: http://www.bostonglobe.com/news/nat ... wZuzoZ2SrrtInmEHbNK/story.html
Published: Nov 3, 2017
Author: Alex Horton
Post Date: 2017-11-03 09:55:33 by cranky
Keywords: None
Views: 480
Comments: 12

Army Sergeant Bowe Bergdahl (left) arrived at the Fort Bragg courtroom Thursday.

Army prosecutors recommended Thursday that Sergeant Bowe Bergdahl, who has pleaded guilty to deserting his Army post in Afghanistan, spend 14 years in prison and be stripped of most benefits afforded to military veterans, including health care.

Bergdahl’s lawyers, citing medical experts’ determination that prison time could exacerbate his fragile mental health, have suggested he receive a dishonorable discharge only, which in addition to the loss of health care could greatly complicate his future employment options.

The judge, Army Colonel Jeffery Nance, closed the court before noon Thursday to deliberate. In addition to the desertion charges, Bergdahl, 31, also has pleaded guilty to misbehavior before the enemy, which carries a maximum life sentence. Nance is expected to make his decision as early as Friday.

Major Justin Oshana, the government’s lead prosecutor, condemned Bergdahl’s decision to leave his base in Afghanistan’s Paktika province on June 30, 2009. Bergdahl was taken prisoner by the Taliban, who regularly tortured him during five years of captivity. His disappearance triggered a series of ‘‘dangerous, hasty missions’’ to recover him, Oshana said.

Several troops sustained serious wounds during the search effort. Among them was Master Sergeant Mark Allen, who was shot in the head during a mission to collect intelligence on Bergdahl’s whereabouts. His wife, Shannon, told the court Tuesday that her husband no longer can speak, walk, or care for himself as a result.

‘‘Sergeant Bergdahl,’’ Oshana said, ‘‘does not have a monopoly on suffering as a result of his choices.’’

Nance informed Bergdahl that a dishonorable discharge from the Army would be socially stigmatizing and block him from economic opportunities, including generous home loans offered through the Department of Veterans Affairs, and the GI Bill, which provides a free college education to all military personnel who serve honorably. Bergdahl told the judge he understood, and that the recommendation from his defense team reflects how desperately he hopes to avoid further confinement.

Captain Nina Banks, who gave the defense’s remarks, said the punishment for Bergdahl’s ‘‘horrible decision’’ to leave his base was mostly paid out by his years in captivity, during which he was severely beaten and suffered lasting physical and mental injuries. The prosecution, Banks argued, aims to discipline Bergdahl at the level of retribution.

Bergdahl’s punishment, she added, should not be ‘‘an eye for an eye.’’

Nance also should weigh Bergdahl’s diagnosis of a schizophrenia-like illness, which an expert said distorted Bergdahl’s ability to think through the consequences of his actions, Banks said.

She called a dishonorable discharge the appropriate punishment.

Banks also cited President Trump’s inflammatory rhetoric during his bid for the White House, when he called Bergdahl a ‘‘dirty, rotten traitor,’’ prompting cheers from his supporters. That has worsened Bergdahl’s hyper-vigilance and prompts him to be on guard to fend off potential attacks, she said.

Trump’s comments, Banks added, satisfy another factor Nance should consider: As commander in chief, he sent a message ‘‘loud and clear’’ to all troops that Bergdahl’s offenses were severe, making deterrence redundant.

On the witness stand Tuesday, Bergdahl said he repeatedly tried to escape his captors because he did not want the Taliban to declare victory through the propaganda value of his confinement, which Banks encouraged the judge to weigh.

‘‘They didn’t win, your honor,’’ Banks said to Nance. ‘‘Sergeant Bergdahl didn’t win either.’’ (1 image)

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Begin Trace Mode for Comment # 2.

#2. To: cranky (#0)

Frankly, if Bergdahl purposely disregarded his oath and orders (he did), purposely committed treason (he did), and if good men died because of it (they did), the traditional capital punishment penalty must be respected and accepted.

14 years is a joke. IF he even serves that out.

Liberator  posted on  2017-11-03   12:48:07 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#5. To: Liberator (#2)

14 years is a joke.

I figured that had to be the max the prosecution could ask for.

cranky  posted on  2017-11-03 13:05:43 ET  Reply   Untrace   Trace   Private Reply  


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