US POW Bowe Bergdahl Returning from Afghanistan After 5 Years

[Airborne Rifles]

Truthfully, the environment in the US military is such that seperating a soldier, honorably or otherwise, is views as the most severe punishment available (other than for truly criminal cases). I think that says something about the state of our forces and the people who volunteer to serve in them.

[steve58]

His hometown has just cancelled his homecoming party "because the town will be unable to safely manage the number of people expected."  I suspect its really because the people protesters that will show up were not going to make it the happy event they and 0bama were expecting...

[Staggerwing]

I'm currently representing a Marine before the Naval Discharge Review Board in an appeal to get BCD status changed.  He was discharged for desertion after he refused to report for duty, instead going on tour with a VERY famous punk rock band.

Its a very interesting case. Slim chance of success, but very interesting, nevertheless.

He wouldn't have a son with autism, now would he?  ???

[Boggit]

I only dealt with one guy that was classified as a deserter and that's b/c he was AWOL more than 30 days.  When they picked him up at his girlfriend's house he'd been gone about 45 days or so.  The only reason I had to get involved was that he accused his chain of command of harassing him, so they had to have a "disinterested party" do the investigation.  When you're the HHC XO, you're the go-to guy for "disinterested party" and whatever other "hey you" job rolls by.
He was a douchebag who would do stupid shit, which is why everyone was so hard on him.  He would forget his TA-50 when we were headed to the field, or not grab his helmet on a day we were headed to the range.  He'd start trying to PMCS a vehicle without the -10 out.  Just idiot stuff because he was careless.  Truthfully, he just wasn't mature enough to be in the military.  He was 19 when he joined, but mentally he was about 12.  The chain of command rode his ass to try to get him squared away and it never worked.

They reclassified it as AWOL, reduced him to E1 and kicked him out.  Not sure if it was dishonorable, or OTH, when it was all said and done.

You have to ask the question - Why did the Army take this guy on in the first place? If he was such an irresponsible guy then why wasn't it picked up at the enlistment stage?

Just playing Devil's Advocate for a moment - doesn't he have an argument that being a totally unsuitable recruit? - that the Army owed him a duty of care at the enlistment/basic training stage to get rid, rather than take on someone totally unsuitable, who was likely to be a liability to himself and others? Do cases like this, and others we're hearing about point toward a systemic failure to properly select in the first place?

[bayonetbrant]

You have to ask the question - Why did the Army take this guy on in the first place? If he was such an irresponsible guy then why wasn't it picked up at the enlistment stage?

hard to tell that level of immaturity in a recruiting office.

[Boggit]

You have to ask the question - Why did the Army take this guy on in the first place? If he was such an irresponsible guy then why wasn't it picked up at the enlistment stage?

hard to tell that level of immaturity in a recruiting office.

I agree, but didn't anyone notice anything in basic, or branch training that the guy didn't make the cut?

[Jarhead0331]

I'm currently representing a Marine before the Naval Discharge Review Board in an appeal to get BCD status changed.  He was discharged for desertion after he refused to report for duty, instead going on tour with a VERY famous punk rock band.

Its a very interesting case. Slim chance of success, but very interesting, nevertheless.

He wouldn't have a son with autism, now would he?  ???

I can neither confirm, nor deny.

[Boggit]

I can neither confirm, nor deny.

Fog of War! ;D

[Staggerwing]

I can neither confirm, nor deny.

Ah.  ;)

Well,

AFA the person I have in mind, I can't speak to his actions in question at the moment, but iirc, he later gave up what could have been a very rewarding career playing with another very famous band to focus on his son's needs.

And that's all I have to say about that.  :)

[Mr. Bigglesworth]

Please tell me AR, what is the range of punishment for battlefield desertion?

UCMJ Article 85(c):

Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct."

There is a fine distinction between the offense of desertion and the lesser offense of AWOL. The key element differentiating the two offenses is the element of permanence. Desertion requires proof that the absence from duty was intended to be permanent. Although there has been no trial and all the evidence is not in, there seems to be the indication that Bergdahl's offense rises to the level of desertion.

I don't follow. He planned to wander around Afghanistan permanently? It sounds to me (from a couple of articles, not much data) that he cracked. He checked out mentally, maybe wanting to get shot. Dereliction of duty definitely, AWOL yes, mentally unfit maybe. I doubt he expected to become a villager over there.

[Jack Nastyface]

Unrelated to bergdahl...
During a long plane ride, I talked to an MP(?) who had escorted a lot of AWOL soldiers back to base, etc.  I asked him if any of the soldiers had interesting or empathetic stories.  His "saddest" story was of when he had to escort an older Vietnam vet (this was in the late 1990's) because the guy went AWOL during his last few weeks of active duty.  Apparently, after returning home from 'Nam, the guy lived on base for a bit then got bored / tired / disillusioned and left for Canada.  He eventually settled down, got married, had kids...and was busted from desertion / AWOL (not sure which) when he crossed the US / Canada border about 30 years later.

I have a feeling they probably let him off with no disciplinary action.

[OJsDad]

Unrelated to bergdahl...
During a long plane ride, I talked to an MP(?) who had escorted a lot of AWOL soldiers back to base, etc.  I asked him if any of the soldiers had interesting or empathetic stories.  His "saddest" story was of when he had to escort an older Vietnam vet (this was in the late 1990's) because the guy went AWOL during his last few weeks of active duty.  Apparently, after returning home from 'Nam, the guy lived on base for a bit then got bored / tired / disillusioned and left for Canada.  He eventually settled down, got married, had kids...and was busted from desertion / AWOL (not sure which) when he crossed the US / Canada border about 30 years later.

I have a feeling they probably let him off with no disciplinary action.

I thought President Ford had pardoned all of guys from the Vietnam error. 

[airboy]

I thought President Ford had pardoned all of guys from the Vietnam error.

No - it was the idiot Jimmy Carter.  I think he issued a blanket pardon on his first day in office.  I looked up that he did it in 1977 - which was the year he took office after winning the election in November, 1976.

[JasonPratt]

Back to the original topic, a court martial (or at least the preliminaries for it) doesn't necessarily mean anything other than an inquiry into the facts of what happened in order to set the record straight, even if charges are filed for an official prosecution after a preliminary investigation. It might be in his best interest to go to court, even if they decide to prosecute.

[Mr. Bigglesworth]

Sgt. Bowe Bergdahl Recaptured By Taliban After Wandering Off Texas Base

http://www.theonion.com/articles/sgt-bowe-bergdahl-recaptured-by-taliban-after-wand,36462/