
The investigation conducted by Maj. Gen. Dahl revealed that Sgt. Bergdahl had been captured 12 hours into his departure from Mest. Bergdahl’s unit spent weeks searching for him, as they would for any missing soldier. Reports that soldiers had died trying to locate Bergdahl turned out to be false. And while they searched for him, he in turn tried to escape the Taliban. The investigation confirmed that he tried to escape at least 12 times. In one of those attempts he managed to escape for nine days before running out of food and water and being recaptured. In all Bergdahl spent 5-years as a prisoner to the Taliban; he suffered permanent injury to his legs and spine as a result of being a prisoner and is now physically unfit to serve.
Currently, his case is in military court before an Article 32 Officer which is the civilian equivalent of a probable cause hearing or preliminary hearing in California. The Article 32 Officer will determine if the Uniform Code of Military Justice (UCMJ) has been violated and if so he will recommend that the charges be forwarded to a Court-martial. While there seems little doubt that Bergdahl did violate the law by leaving without permission, it may also be determined that his 5 years in captivity having sustained permanent physical disability from that captivity, may be deemed sufficient punishment. At that time the Commanding General may permit Bergdahl to plead guilty to being Away Without Leave (AWOL) and discharge him immediately from the service; or the Commanding General can forego a court-martial altogether and administratively separate Bergdahl with an Other Then Honorable Discharge. He may also send Bergdahl to court-martial which could result in years in custody if he is found guilty. The Commanding General has complete discretion in how the matter proceeds.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547 4636
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