In Shocking Decision, Military Judge Spares Bergdahl From Prison

Tyler Durden's picture

In a shocking decision that will probably render veterans and active service members apoplectic with rage, a military judge has spared Army Sgt. Bowe Bergdahl what many speculated could be a lengthy prison sentence after the disgraced soldier – who walked off his base in Afghanistan in 2009 and was promptly captured by the Taliban – pled guilty to desertion last month.

Bergdahl, who delivered a tearful apology at the beginning of the sentencing hearing earlier this week after hearing stories from the wives of soldiers who were killed or disabled while searching for him, will instead accept a dishonorable discharge, a reduction in rank from sergeant to E1, and be required to pay a $1,000 fine from his salary for the next 10 months.

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To put that in context, a charge of desertion typically carries a life sentence in prison. And in the past, soldiers who deserted were executed. The sentencing hearing took place at Fort Bragg, in North Carolina.

Bergdahl, a 31-year-old soldier from Hailey, Idaho, said he tried to escape more than a dozen times from his Taliban captors — where he was caged, kept in the darkness and beaten — before President Barack Obama brought him home in 2014 in a swap for five Taliban prisoners at Guantanamo Bay.

Bergdahl made no deal with prosecutors to limit his punishment, so the judge has wide leeway to determine his sentence.

One woman who testified during the hearing was Shannon Allen, the wife of Mike Allen, a soldier who was shot in the head during a search mission in Afghanistan. She delivered emotional testimony, tearing up as she described how her husband, who is a quadriplegic, can no longer play with her children and how they “can’t even hold hands anymore.”

Bergdahl’s lawyers asked the judge for leniency during sentencing hearings, arguing he had a previously undiagnosed mental illness when he left his post.

“Hypothetically, he probably should not have been in the Army,” said Capt. Nina Banks, one of Bergdahl’s military defense attorneys, in her closing argument.

Bergdahl suffered from numerous mental illnesses, including schizotypal personality disorder and post-traumatic stress disorder, according to Dr. Charles Morgan, a forensic psychiatrist and professor at the University of New Haven and Yale University, who testified for the defense Wednesday.

 

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33 Comments
Maggie
Maggie
November 3, 2017 12:12 pm

Why am I not surprised? Angry and sickened, yes.
Surprised.

No.

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Maggie
Maggie
November 3, 2017 12:18 pm

If he is to be dishonorably discharged, where does the $1000 monthly come from? I suppose he will be getting a huge disability check from the VA as well as SSDI.

I’m NOT kidding. The stories are horrifying.

http://www.zerohedge.com/news/2014-11-01/hard-understand-1000s-veterans-busted-massive-benefits-fraud

kevin
kevin
  Maggie
November 3, 2017 11:22 pm

A dishonorable discharge prohibits him from receiving ANY veterans benefits. ANY.

Maggie
Maggie
  kevin
November 4, 2017 10:45 am

I know a guy who says there is a way to get those changed after a certain time period… to either “less than honorable” or “administrative” release. I volunteered in a VA hospital records-keeping office for a time. It is rather shocking what access to records I managed to be given just as a volunteer. The temptation to disappear some of my ex-husband’s vital information was overruled by my basic honorable nature.

Edit… the discharge status can NOT be upgraded if it results from courts-martial, so I am duly and dully admitting I am wrong.

BTW? https://www.archives.gov/veterans/military-service-records/correct-service-records.html

“Discharges awarded as a result of a continuous period of unauthorized absence in excess of 180 days make persons ineligible for VA benefits regardless of action taken by discharge review boards, unless VA determines there were compelling circumstances for the absence. Boards for the correction of military records also may consider such cases.”

I just wonder if a psychiatrist can convince a board the man was crazy before he enlisted, his time in service made him crazier, therefore CAUSED him to desert… well, I don’t know if it can be done, but I know there are people who would try.

Tim
Tim
November 3, 2017 12:24 pm

I don’t know what to think about Bergdahl. I was never in the military, so I can’t speak to the act of desertion.

I think the larger question is, “What the hell are we still doing there?”

It seems to me that if every single soldier started to think for him/herself, ALL of them may consider abandoning their posts. Obviously, TPTB really don’t give a shit about the soldiers, as individual human beings, and not one of The Powers is going to ever make a move to get us out of there.
We may well be over there for the remainder of The Republic’s duration. Forever, if They had their way.

Alfred1860
Alfred1860
  Tim
November 3, 2017 12:38 pm

The most important qualification for being a soldier is and always has been to NOT think for yourself.

GilbertS
GilbertS
  Alfred1860
November 4, 2017 9:20 pm

Bullshit. The man is a traitor. He walked off his base into the arms of the enemy and there’s suspicion he gave them intel that aided them in fighting against the US. From what I’ve read, enemy tactics changed after he was captured, potentially due to his sharing intel with them. Whatever you may think about the USA, the military, or Afghanistan, how can you coddle a man who betrayed his own side? He placed his own comrades at risk and they placed their lives in harm’s way to bring him home. The man is a shitbag of a human being.

Dutchman
Dutchman
November 3, 2017 12:29 pm

I predict this Bergdahl cocksucker will grow a beard – and run over Americans.

steve
steve
November 3, 2017 12:32 pm

I thought the article was a spoof. Doing a quick search shows no time to be served? Yeah, I’m in F***ing disbelief. That POS should have spent the rest of his life in prison. 6 good men died looking for this worthless piece of crap. Total disbelief and can’t comprehend it.
http://jacksonville.com/news/national/2017-11-03/army-sgt-bowe-bergdahl-gets-no-prison-time-leaving-post

prusmc
prusmc
  steve
November 3, 2017 12:39 pm

Looks like thr fix was in.

El Magnifico
El Magnifico
November 3, 2017 12:41 pm

The only thing that should keep this piece of shit from jail time is a firing squad.

Maggie
Maggie
November 3, 2017 12:50 pm

I would suggest the honorable thing would be for him to kill himself, but we already know he has NO HONOR.

Out of curiosity, I looked up some recent courts martial results…

21 Jul 17 – Ft Hood – GCM.  Guilty plea to AWOL, drug, and larceny charges. Mixed verdict. The judge imposed 38 months confinement and a Dishonorable Discharge. 

This guy who “disobeyed an officer” got 75 days. 27 Jul 17 – Ft Hood – SCM. Guilty plea to disobeying an officer. 75 days confinement and a reduction to E-1 imposed.

https://www.mcmilitarylaw.com/military-law-news-blog/july-2017-army-court-martial-results

Stucky
Stucky
November 3, 2017 1:13 pm

“Bergdahl suffered from numerous mental illnesses, including schizotypal personality disorder and post-traumatic stress disorder” ———article

I don’t believe that for a second.

This is a MOST FAVORED tactic used by government. Accuse the defendant of some kind of mental issue. Just wait until the FEMA camps open for business. They already label Patriotism as a mental disease. Just a small step from there to prison.

Stucky
Stucky
November 3, 2017 1:23 pm

I truly do not understand you people.

— Virtually all of you are against our warmongering pols and our wars

— many have commented here that going the military today is stupid, waste of time … perhaps even evil, because of the evil the government demands

— a few condemn soldiers who go to foreign land to kill people

— virtually all condemn those who blindly follow orders

— many pontificate about chasing your own dream, following your conscious, not living a life of regrets (HF does a good job with this)

========================

So, here we have a guy who is doing most/all of the above. Who says ‘fuckit, I’m tired of killing’. I shall go my own way. Who now knows orders are for cowards and pussies.

And what do most of you do? You want him dead, or that he should kill himself.

SMH and wondering WTF!!??

kokoda - AZEK (Deck Boards) doesn't stand behind its product
kokoda - AZEK (Deck Boards) doesn't stand behind its product
  Stucky
November 3, 2017 1:30 pm

Interesting that you considered this important view.

I don’t have an immediate comment, though I would like to think about it. Anyway have to travel and then fix equipment.

Tim
Tim
  Stucky
November 3, 2017 1:45 pm

@Stuck:

Agreed. Well said.

Rdawg
Rdawg
  Stucky
November 3, 2017 4:50 pm

I’m kind of ambivalent about his leaving his post. But the tragic part is surely the lives lost looking for him. That’s the source of outrage for me.

I mean, he could have just left a note: “Hey guys, went to go bum a smoke off the Taliban. Don’t wait up, and don’t come looking for me.” ~Bowe

Stucky
Stucky
  Rdawg
November 3, 2017 5:25 pm

Indeed, such a “good bye” note would have been the decent thing to do.

Just to be clear, I think the judge made an egregious error with his ruling.

Bergdahl followed his conscience. Fine. But, a REAL man would face the consequences, not run from them.

He swore an oath. He knew the consequences of breaking that oath. Oaths either mean something, or they don’t. To escape the consequences is tantamount to saying “oaths mean nothing” Letting him go free will also have consequences. It will damage soldiers moral. It could certainly lead to more desertions. Not a good way to run a military.

I know that historically deserters in time of war are usually shot … probably in most countries. I find that too harsh … especially THIS WAR in Afghanistan … yet another bullshit war. Probably made sense in WWII. But, letting him slide is equally harsh … in the other direction.

kevin
kevin
  Stucky
November 3, 2017 11:28 pm

Not to be a dick but exactly when did the U.S. Congress issue a formal declaration of war against Afghanistan? Or Iraq? Or North Korea [Korean War]? Or Viet Nam? Or Panama? Or Grenada? Or wherever?

Maggie
Maggie
  Stucky
November 4, 2017 11:01 am

I typed an enormous answer and the page simply exited from my laptop. I declare conspiracy.

I also submitted a very long story I dully and duly disclosed about the tragic injury of a young troop who’d used a vacuum cleaner in lieu of the venus machine you advertised for your dear wife’s gift. I commended you for possibly saving the lives of many young soldiers and suggested the military industrial complex install the machines in all dormitories.

If the response is in the spam folder, perhaps it can be retrieved. If it is not? Well, the story can be inferred from “tragic injury of a young troop who’d used a vacuum cleaner” and we’ll just leave it at that.

Also, I typed a very long response to this and the whole damn thing just disappeared off my laptop screen. All the open tabs (I was using a dictionary and thesaurus to impress you) just disappeared for no reason whatsoever. I am not going to reconstruct that one. I’ll simply say that I am one of those former military folks who have mixed emotions about the efficacy of the U.S. military. However, I understand loyalty and esprit de corps and am reluctant to call any of those troops on the ground out as being less than honorable simply for following orders, no matter how duly or dully given.

Stucky
Stucky
  Maggie
November 4, 2017 11:15 am

Jeebus! That’s a damned shame. Really.

Fer Chrissakes, Maggie, type long responses into WORD … which is a LOT more forgiving in recovering stuff than shitfuk WordPress.

And god have mercy on the idiot who composes original articles directly into WordPress.

Maggie
Maggie
  Stucky
November 4, 2017 11:31 am

I gotcha… I have a Word document open right now, hoping to finish it up and submit it the old fashioned way. Email. Hahaha.

Also, it appears I was wrong on the discharge upgrade… if it is due to courts martial, it can’t be upgraded according to the rules. I will see if I can add that on my reply to “kevin” above. If not, perhaps he’ll see here that I am not obstinate when discovering I misspoke.

GilbertS
GilbertS
  Stucky
November 4, 2017 9:28 pm

Baloney. If he wanted to go do all that shit, he shouldn’t have signed a contract to serve in the Army. He was duty-bound to do what he was told, unless it was illegal. At no point are you supposed to walk off your post and desert to the enemy, even if you have a valid objection. He’s a modern Benedict Arnold without Arnold’s honorable record of service.
I want him dead and erased. Don’t care how that fits in with your ethos- he betrayed us, he betrayed his comrades-in-arms, who died to return him, and he broke his faith with his country. Nobody made him sign that contract-he did it of his own free will.
I hope for the rest of what passes for his life, he lives in dishonor and disgrace, shunned by his neighbors and unable to find employment or peace, but I suspect a college professorship or book deal or something is waiting for him. He’ll probably die wealthier than most of us. And that makes me sick.

Stucky
Stucky
  GilbertS
November 5, 2017 5:07 am

“I want him dead and erased. Don’t care how that fits in with your ethos …”

I DO understand your feelings about the matter.

I (or, we) have the LUXURY of pontificating in the safety and security of our homes. Mindfuk games, if you will.

However ….. if it was MY brother who was killed looking for Bergdahl, I’m fairly certain I would want to see that fucker D.E.A.D. — might even kill him myself.

Update: Saw an interview with some muckety-muck from Bergdahl’s unit. Turns out they WOULD HAVE SEARCHED for him even if Bergdahl would have written a “I’m deserting” letter, as suggested above.

GilbertS
GilbertS
  Stucky
November 5, 2017 11:20 am

Luxury, yes. I’m sitting in an armchair as we speak. But I wasn’t always sitting.
But if I remember correctly, you were in the Army, too?
So you can imagine how you would feel if one of your soldiers deserted to the enemy. One of the people you rely on and with whom you face the same risks. Someone you might not like, but trust to at least do their job and not put you in additonal danger.
Even worse, how much additional danger would you have to face trying to go and get him back?
And worser, how much additonal damage might he have caused if it’s true he supplied info to the enemy on our tactics and procedures? (reporting indicated enemy tactics changed after his desertion, potentially indicating he supplied useful intel to his hosts/captors.)
6 people are dead because of him and his desertion and betrayal. Walking free is incomprehensible.

I don’t care what his personal beliefs were. He signed that contract and swore an oath to his country. Nobody made him do it. If he wanted to follow his own path, he shouldn’t have started down it while being on active duty. What he did was absolutely dishonorable and the military totally screwed up not throwing the book at him. If we can’t shoot him or hang him, he deserves to spend the rest of his life breaking big rocks into small rocks at the disciplinary barracks.

At this point, we’ve seen Bradley Manning get off. Bergdahl appears to be set to get off. We saw an out-of-the-closet Anti-American Communist graduate West Point. What is next? What outrage is left and where do we draw the line? If stealing thousands of secret documents and being dishonorably dicharged after serving 7 years in prison gets you offered a prestigious Harvard job and deserting to the enemy doesn’t merit prison time, what actually rises to the level of treason in this country?

Anonymous
Anonymous
November 3, 2017 3:28 pm

All he did was desert and get a half dozen of his fellow soldiers killed looking for him because they thought he had been captured.

I’d say a dishonorable discharge is far more than would be justified by this, it should be rescinded.

MrLiberty
MrLiberty
November 3, 2017 6:44 pm

As for “justice,” keep in mind that the war criminals George H.W. Bush, George W. Bush, Dick Cheney, Donald Rumsfeld, Bill Clinton, Barack Obama, Paul Wolfowicz, Henry Kissinger, and countless others are still walking free, have NEVER faced a judge or international war crimes tribunal, and are all collectively responsible for millions of deaths of innocents. One fed up guy who finally figured out what a complete and total sham that war was/is/will forever be, walked away and now some of you want him dead. Priorities people!

Rob157
Rob157
  MrLiberty
November 3, 2017 10:10 pm

He should pay for the lives lost because of him.

Zarathustra
Zarathustra
  Rob157
November 3, 2017 10:55 pm

Actually not. The lives wasted going looking for this hero should stand as a warning. Do not join this military; don’t waste your life. Desertion from this military machine is a heroic act. Don’t fuck with it by any stupid rescue attempts. He tried to save his life by deserting, save yours by allowing him his way out.

It’s a no win situation over there. Just survive it without become suicidal or psychotic. Your job is to endure this ordeal while remaining human and never ever do anything like this again.

I did a lot of stupid shit that could have gotten me killed but managed to survive it. Being in the military is no different, except they get paid, but the bullshit is probably not worth it.

Two, if by sea. Three if from within,thee
Two, if by sea. Three if from within,thee
November 3, 2017 9:52 pm

Does anyone recall Bergdahls father?
Remember him invoking praises to Allah at the White House?
Was Bowe scrod from the get-go as soon as the missus dropped him on his head?
I think so. I think Bowe and his Pa should make a point to show up Nov 4th and bless the antifa movement before it kicks off. I think Bowe should make all the talk shows afterwards. Let the generation soon to be passed this country’s torch, clearly understand what their choices look like. If they ally themselves behind this type of moron then take it as a sign of sheer disgust due to the wars we’ve wasted so much blood and treasure on.
I think the judge is dumber than the Bergdahls, combined.
I think I’m pissed.

Stucky
Stucky
November 4, 2017 8:46 am

One last thing about Bergdahl.

He better stay alert!!

What would YOU do if you were the brother (or other family member, immediate or extended) of one of the six dead, or wounded, soldiers? Me? I think I’d be tempted to shoot him dead … setting aside all moralizing and philosophical arguments.

The living soldiers — some bad-ass Special Forces types — may have revenge on their minds.

Bergdahl may very well be a Dead Man Walking.

GilbertS
GilbertS
November 4, 2017 9:30 pm

I fear he’s going to be rich in a few years with a book deal, interview, made-for-TV movie. Ever see the Russian movie, Prisoner of the Mountain? He’s probably going to be doing allright. Maybe Harvard can offer him and Bradley Manning co-chairs in the Traitor department.