Sergeant Bergdah freed

Sorry folks...these last three will NOT be added to the Acronym List anytime soon.:rolleyes:
 
To say this verdict and sentence is a slap in the face to all who serve with honor and integrity is the understatement of the year...

Plenty of military personnel have received a “Duck Dinner” for offenses that are significantly less than those committed by Bergdahl...
 
A Court Martial can sentence both jail time and the DD when they get out of prison...heck as a squadron CO with Article 15 non judicial punishment authority, I could give 3 days bread and water in the brig, and then refer to an ADSEP board for separation with a Bad Conduct Discharge...essentially the same as the DD.

I think you would be hard pressed to find any current or former military personnel who don’t think Bergdahl deserved a lengthy prison sentence.
 
AROTC-dad said:
Jail time gives Bergdahl food, housing, benefits and medical care.

Dishonorable Discharge: No benefits, no Tricare, No GI Bill, No free housing...
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I had not considered that angle. Maybe that Judge did!
 
Bad conduct and dishonorable discharges can only be imposed by a court martial since it’s a punitive discharge. ADSEP can issue honorable, general, or other than honorable discharges. I don’t think that’s changed over time, but I could be wrong.

Also, I wonder if the appearance of unlawful command influence influenced the judge when determining the sentence, particularly the jail time. Not sure if the opinion is public. President Obama was found to have committed unlawful command influence when he “suggested” a punitive discharge to those guilty of sexual assault based crimes — the remedy was to not allow a punitive discharge to be adjudged in one particular case. There only needs to be an appearance of unlawful command influence, it doesn’t have to actually happen.
 
I just heard on CBS News that they Judge indicated that Trump's comments would be considered in the defendants favor. Not sure what that means.
Maybe he just applied the principle that justice is not vengeance.
 
Justice was not served today. It is becoming more obvious that the military is losing its focus on discipline and integrity. This appears to be another incident in which we have lost our resolve to punish a soldier for risking the lives of fellow soldiers and make excuses for the inexplicable actions of a traitor. So very sad. The moral fortitude of those in uniform is being eroded away everyday by those of a liberal mindset that refuse to hold an individual accountable for their actions.
 
usnabgo08 said:
Bad conduct and dishonorable discharges can only be imposed by a court martial since it’s a punitive discharge. ADSEP can issue honorable, general, or other than honorable discharges. I don’t think that’s changed over time, but I could be wrong.

Also, I wonder if the appearance of unlawful command influence influenced the judge when determining the sentence, particularly the jail time. Not sure if the opinion is public. President Obama was found to have committed unlawful command influence when he “suggested” a punitive discharge to those guilty of sexual assault based crimes — the remedy was to not allow a punitive discharge to be adjudged in one particular case. There only needs to be an appearance of unlawful command influence, it doesn’t have to actually happen.
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You are correct, OTH is what I meant...been away for a few years now. If I remember correctly...We would send to Special Court Martial if they refused Captains Mast where they would get the BCD...My bad...
 
I am finding it hard to rationalize the judge's sentence. Yes, agree that his 5 years of mistreatment as a POW should be taken into major consideration. Does it appear that he slipped through on his medical which may have DQ'ed him due to mental issues? Possibly/Probably. But you also have to weigh the permanently-disabling injuries sustained by the servicemen who attempted his rescue as well as the probabilities for injury/death which will be caused by the 5 exchanged Taliban members.

The overriding issue here may be the weight assigned to the comments made by POTUS & their appearance that the CinC may influence military justice. Interesting when you consider that (as I understand it), a commanding officer can refuse the guilty verdict of a court martial & come to any conclusion the CO wants. And this is after the CO picks the members of the court martial.

Given that Bergdahl's sentence is similar to others handed down for offenses that pale in comparison doesn't seem to make sense in light of the aforementioned issues unless politics is involved. It 's not precedent-setting to have politics enter into a courtroom.

Anyway the sentence might be thrown out altogether as a result of the 2-step appeals process. Sad.
 
LineInTheSand said:
A retired JAG co-worker of mine (in a non-DOD related workplace), believes he'll be reduced to E-1, dishonorably discharged, and no benefits. He doesn't think he'll see any time. I guess we'll see.
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LITS's buddy nailed it two and a half years ago. How could he have known the future candidate for CiC would poison the atmosphere by demanding the death penalty?
 
I’m sure he won’t need the VA benefits that come with an honorable discharge after his book contract and movie rights are announced...”My Five Years as a Taliban Infiltrator” by Private Bowe Bergdahl
 
NTWLF ONE said:
I’m sure he won’t need the VA benefits that come with an honorable discharge after his book contract and movie rights are announced...”My Five Years as a Taliban Infiltrator” by Private Bowe Bergdahl
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I was thinking the same thing. Court should’ve ruled that all royalties from movies/books have to go to the families of soldiers who were injured while looking for him.
 
along with the POW his defense attorney has requested he receive a Purple Heart. WOW.
 
I have a question because I'm too lazy to look for myself:

Did the court determine that Bergdahl left his post? Deserted? Walked outside the wire when he wasn't on duty?

Is there such differentiation within the UCMJ.

I'm not offering an opinion so I'm not interested in others' opinions. Just asking about the legal framework in which the Judge was operating.

Like everyone I'm sickened to think that, if it was indeed "going for a walk outside the wire" that lives were risked looking for someone so stupid as to go on a walkabout in Afghanistan.
 
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