Uniform Code of Military Justice Article 85, Desertion Article 86, Absent Without Leave Article 92, Failure to Report to Place of Duty Article 113, Misbehavior of Sentinel Article 134, Conduct Unbecoming Article 104, Aiding the Enemy Article 31.....Read him his Rights Just to name a few of the Charges that will be filed sooner or later.....all together there will be over 25 combined charges when the Investigation is concluded and referred to Courts Martial. Remember, a Formal Investigation must first ensue, those findings will be forwarded to a Convening Authority with a recommendation whether or not to pursue Courts Martial proceedings. This could take months and will linger well into the election cycle. This is the militarys way of trying a person for crimes they may have committed, it is not like our civilian courts. Dont believe for one second that you are innocent until proven guilty.....if you are in a Court Martial you are there to PROVE your innocence....investigations have already occurred, facts have been gathered, if there was not overwhelming evidence against you, you wouldnt have been charged....our UCMJ is fair in that regard. AWOL - Absent without Leave does not apply in this case, it is merely a precursor to Desertion. AWOL are often explained, and only last for 24 hours to 30 days, after 30 days, AWOL personnel are declared administratively as Deserters. Desertion within it self is a direct and decisive action by a military person to flee their unit, their duty...with no intent of returning. AWOL is punishable under the UCMJ via Non-Judicial Punishment (NJP) in most cases as this happens more than you think. Desertion on the other hand, in my career I seen it less than 6 times. Prisoner of War (POW).......has certain status within our military system, automatic promotions, continuation of pay and allowances, and lifetime benefits. Prisoners of war are not voluntary. Prisoners of war are usually captured by your direct enemy. Taliban - a political theocracy sect of the Islamic Religion. Not ever deemed the enemy by the United States Government. Terrorist organization yes, and therefore he would not be considered a POW, but a Hostage. Just like our Hostages in Iran in the mid 70s, they werent POWs, they were Hostages. Even those at the highest levels of our Government misuse terminology to those who dont know the terminology. President Obama is now back peddling, since Sunday I havent heard anyone declare that Pvt. Bergdahl served with Honor and Distinction....please, another Susan Rice moment on Sunday Morning Talk Shows...when will she learn that shes not believable any longer and merely bus speed bump material for her President. Now, its my opinion that if Pvt Bergdahl deserted his post as it seems occurred, he may have then aided the enemy since they attacked only a few days later, he did know his units routine, could draw a map of the base and fortifications, knew the watch routine, patrol routines.....if that occurred, he should be declared an enemy war zone combatant and immediately transferred to GITMO where I believe there he will have his choice of 5 empty cells....take your pick Private. Unlike the Civilian Court System, I believe in the UCMJ and you will see Accountability at its highest. If he goes to Court Martial it will take 3 weeks maximum, verdict, sentencing.....and delivery of him to Leavenworth, but I hope its GITMO, he deserves nothing more than that.
Posted on: Wed, 04 Jun 2014 03:28:11 +0000