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Bowe Bergdahl II: Return of Bowe


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Alright you filthy animals, lets not get this one locked like the first one.  

ABC: Bowe Bergdahl to Face General Court Martial, Could Face Life Sentence

Army Sergeant Bowe Bergdahl’s case has been referred to a general court martial, where he could face a life sentence if convicted of misbehavior before the enemy and he could face five years of prison time if convicted of desertion.

 It has been misreported elsewhere that the GCM opened the possibility of death, but the reality is that neither Bush nor Obama filed the necessary paperwork to classify any operations in Iraq or Afghanistan in such a way as to make Article 99 a death penalty offense under the UCMJ.

Bergdahl is looking at up to life imprisonment.  Because it is a GCM his sentence could include a DIshonorable Discharge, a SCM could only bring about a Bad Conduct Discharge.

My guess?  Five years and a Dishonorable.  

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Alright you filthy animals, lets not get this one locked like the first one.  

ABC: Bowe Bergdahl to Face General Court Martial, Could Face Life Sentence

 It has been misreported elsewhere that the GCM opened the possibility of death, but the reality is that neither Bush nor Obama filed the necessary paperwork to classify any operations in Iraq or Afghanistan in such a way as to make Article 99 a death penalty offense under the UCMJ.

Bergdahl is looking at up to life imprisonment.  Because it is a GCM his sentence could include a DIshonorable Discharge, a SCM could only bring about a Bad Conduct Discharge.

My guess?  Five years and a Dishonorable.  

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He said in a podcast he did something "bad" he knows he's guilty. We traded 5 terrorists for him and many lives. I will admit I never served but I have friends and even my roommate from UNT that still does he's a bad ass and my hero. He should be convicted we need to send the message that desertion matters in my civilian opinion.

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The first episode on the Serial podcast about this was pretty damn interesting. I tried to understand his reasoning but it was pretty obvious this guy just lost his marbles. I'm torn because the treatment he got from the Taliban was so awful that if the purpose for Court Martial is retribution I think he may have already gotten that. I think 5 years and a dishonorable is a fair judgment as well. 

Edited by ChristopherRyanWilkes
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Anything less than an extremely harsh sentence will set a very dangerous precedent for our military. The fact that this matter has bounced around in the air for so long is also a  dangerous precedent.  The Army I knew would have shot my ass for that kind of cowardice.

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Anything less than an extremely harsh sentence will set a very dangerous precedent for our military. The fact that this matter has bounced around in the air for so long is also a  dangerous precedent.  The Army I knew would have shot my ass for that kind of cowardice.

This. And been justified in doing so. 

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  • 2 weeks later...

If you believe he was treated poorly.

There's no legitimately dispute that he was treated extremely inhumanely while in captivity. You think even if he professed Islam the Taliban was keeping him in a Hollywood suite? You hear stories about prisons in other countries, now multiply that by 100. 

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There's no legitimately dispute that he was treated extremely inhumanely while in captivity. You think even if he professed Islam the Taliban was keeping him in a Hollywood suite? You hear stories about prisons in other countries, now multiply that by 100. 

Ya, it must be terrible to have to play soccer with your captors. So inhuman.

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I am concerned that this scum traitor will receive a light sentence and then a Presidential pardon as a middle-finger to the American people and the military on his way out the door.

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On December 28, 2015 at 0:26 PM, EagleMBA said:

I am concerned that this scum traitor will receive a light sentence and then a Presidential pardon as a middle-finger to the American people and the military on his way out the door.

Probably exactly what will happen. 

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  • 2 months later...
On 3/14/2016 at 3:29 PM, Eagle1855 said:

Ive really enjoyed it. 

I think people in this thread think he was just on vacation for five years. That's anything but the case. 

I don't believe that, and I don't believe that matters.  It doesn't even matter that you believe his defenses claim that he left to report misconduct to a general.   He is charged with Article 85 of the UCMJ, "desertion with the intent to shirk important service and avoid hazardous duty.”    The military courts have already found previously that just about ANY assigned duty in a combat zone is considered an "important service."  It's an open and shut case of that.   That will result in a dishonorable discharge, and loss of all benefits.  I don't know if the courts want to tack on the max five years or not.

He is also charged with an Article 99, "misbehavior before the enemy."  That is the big one, and I really haven't kept up with the case enough to guess at the outcome.  That brings with it a max of life imprisonment.    I do know that the prosecution cited US vs Carey, a Korean war case in which a soldier reported to a duty station, drank too much and fell asleep, and then was awakened ten minutes later by his commanding officer.  Even though the defense said that he accidentally drank too much and he never intended to get drunk, he was given life imprisonment.  The bar isn't high for proving this case.  No doubt if the court wants to find him guilty of this they will.  

 

  

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3 hours ago, Cerebus said:

I don't believe that, and I don't believe that matters.  It doesn't even matter that you believe his defenses claim that he left to report misconduct to a general.   He is charged with Article 85 of the UCMJ, "desertion with the intent to shirk important service and avoid hazardous duty.”    The military courts have already found previously that just about ANY assigned duty in a combat zone is considered an "important service."  It's an open and shut case of that.   That will result in a dishonorable discharge, and loss of all benefits.  I don't know if the courts want to tack on the max five years or not.

He is also charged with an Article 99, "misbehavior before the enemy."  That is the big one, and I really haven't kept up with the case enough to guess at the outcome.  That brings with it a max of life imprisonment.    I do know that the prosecution cited US vs Carey, a Korean war case in which a soldier reported to a duty station, drank too much and fell asleep, and then was awakened ten minutes later by his commanding officer.  Even though the defense said that he accidentally drank too much and he never intended to get drunk, he was given life imprisonment.  The bar isn't high for proving this case.  No doubt if the court wants to find him guilty of this they will.  

 

  

or basically:

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8 hours ago, Army of Dad said:

No. Don't be a f-ing coward and get Americans killed in the process.

There are ways for a soldier to complain within the requirements of his service and not be a coward.

Correct. And the whole "trying to find a General to report misconduct" reeks of a bullshit defense. I don't imagine sergeants have permission to walk into a General's office unannounced...

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43 minutes ago, UNT90 said:

Correct. And the whole "trying to find a General to report misconduct" reeks of a bullshit defense. I don't imagine sergeants have permission to walk into a General's office unannounced...

Oh it's a bullshit defense. It's army policy that commanders have an open door for complaints so it's technically feasible that he could have seen one, though more likely a staff officer would have met with him first. You do not get to barge into a general's office, but someone would have listened to him.

 

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