Deserter

[Calaveras Slim]

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Desertion
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It has been announced that Army Sgt. Bowe Bergdahl will be charged with desertion and misbehavior against the enemy.

Go Army. Nail the Deserter

As it should be

 

[zzzippper]

What is misbehavior against the enemy?

 

[k22fan]

Whew! Am I ever relieved. Reading the title I feared this thread was going to be about a really heinous desertion like a member buying a gun from one of those other manufacturers.

 

[lonejacklarry]

What is misbehavior against the enemy?

Here ya' go. This is an "or" situation in that a person does not have to do all of them.

Misbehavior before the enemy is part of Article 99 of the US Code of Military Conduct.

Any person who does one or more of the following behaviors can be subject to this charge:

1. Runs away;

2. Shamefully abandons, surrenders, or delivers up any command, unit, place or military property which it is his duty to defend;

3. Through disobedience, neglect, or intentional misconduct endangers the safety of any command, unit, place or military property;

4. Casts away his arms or ammunition;

5. Is guilty of cowardly conduct;

6. Quits his place of duty to plunder or pillage;

7. Causes false alarms in any command, unit or place under control of the armed forces;

8. Willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture or destroy; or

9. Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle.

This is the reason for gallows or firing squads, in my opinion.

 

[STCM(SW)]

Can't be put to death unless a declaration of war
Has past.
Only one guy faced a firing squad in WW II.

 

[okiegtrider]

Long overdue I'd say.

Bowe Bergdahl, once missing U.S. soldier, charged with desertion - The Washington Post

From the article...
Bergdahl will faces charges under articles 85 and 99 of the military’s Uniform Code of Military Justice, Fidell said.

Article 85, desertion, applies to a service member who “quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.” The maximum sentence for those convicted is death, although no soldier has faced that punishment since 1944, when Pvt. Eddie Slovik was executed by a firing squad after running away from combat duty in France.

Article 99, misbehavior before the enemy, applies to a service member who has run away in the face of the enemy, abandoned his unit, cast aside his weapon or ammunition or willfully failed “to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy.”

 

[GatorFarmer]

A court martial can also come about basically if the qccused wishes for one. They serve not only as a means of punishment, but can serve as a means for official exoneration.

 

[Calaveras Slim]

Here ya' go. This is an "or" situation in that a person does not have to do all of them.

Misbehavior before the enemy is part of Article 99 of the US Code of Military Conduct.

Any person who does one or more of the following behaviors can be subject to this charge:

1. Runs away;

2. Shamefully abandons, surrenders, or delivers up any command, unit, place or military property which it is his duty to defend;

3. Through disobedience, neglect, or intentional misconduct endangers the safety of any command, unit, place or military property;

4. Casts away his arms or ammunition;

5. Is guilty of cowardly conduct;

6. Quits his place of duty to plunder or pillage;

7. Causes false alarms in any command, unit or place under control of the armed forces;

8. Willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture or destroy; or

9. Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle.

This is the reason for gallows or firing squads, in my opinion.

counts 1, 2, 3, 4, 5, 6, 8


We'll let him slide on 7 and 9. Guilty on the other 7 with life in prison for each to run consecutively. I don't ever want to see or hear that cowardly *** ever walking the street again.

 

[jarhead1178]

Dishonerable discharge so no veteran benefits. Bust back to private, fined all the back pay he was due and kick his traitor *** back to his sympitizer family.

 

[lonejacklarry]

Dishonerable discharge so no veteran benefits. Bust back to private, fined all the back pay he was due and kick his traitor *** back to his sympitizer family.

You need to quit sugar coating and beating around the bush with this deal. Tell us how you really feel. Oh, wait there are rules.

I can figure out what you really mean.

 

[Frank237]

The Army was really dragging it's feet releasing the findings of their investigation. FOX News started hammering them a few weeks back on WHEN the news would be released. Maybe it had some effect?

What a good deal. Five terr's for a single Deserter.

 

[Leatherman-Cowboy]

A very interesting article for sure. But perhaps it's better to have the Court look at ALL the evidence first. Let the lawyers do what they do, and make sure diligence is awarded to the accused--before he is found guilty. Just because you are facing charges don't mean you are guilty.

Thank you,
Henry

 

[Frank237]

They are already laying the foundation for a plea on mental issues. Stating the poor fellow "will have mental issues his entire life".

His attorney also stating the case is "Politically motivated".

 

[vigil617]

Why even bother with a preliminary hearing leading to a court martial, when so many knowledgeable and impartial observers here on the Forum who weren't there, don't know the circumstances, and didn't know Sgt. Bergdahl, are already convinced of his guilt and are ready to convict and punish him?

That's the preferred American way for many folks, right? Guilty until proven innocent?

Let the military justice system do its work, and in the meantime, try to keep your own counsel, folks. I think it's time to shut down this thread.

 

[jarhead1178]

Why even bother with a preliminary hearing leading to a court martial, when so many knowledgeable and impartial observers here on the Forum who weren't there, don't know the circumstances, and didn't know Sgt. Bergdahl, are already convinced of his guilt and are ready to convict and punish him?

That's the preferred American way for many folks, right? Guilty until proven innocent?

Let the military justice system do its work, and in the meantime, try to keep your own counsel, folks. I think it's time to shut down this thread.

I won't be deciding his guilt or innocence, but I am sure entitled to my opinion. I guess his fellow platoon members that took casualties looking for his sorry butt should keep their opinions to themselves too.

 

[sheepdawg]

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Ditto. If I stated how I feel about the whole situation I'd get a PM from the big gorilla and possibly a good bye.

 

[straightshooter1]

#6. No Plunder and Pillage? Darn!

I always wanted me some Plunder and Pillage, but in my small war I never could find anything worth the
effort.

Oh well, always that way it seems-everybody else gets the good stuff, I get the ....well, you know.

 

[DeathGrip]

I guess his fellow platoon members that took casualties looking for his sorry butt should keep their opinions to themselves too.

I'm thinking they're the ones who made the case stand out the most.

I can't see any motivation for them to lie about it.

I can see others having reason to.

 

[GatorFarmer]

Or he is entirely innocent and refused an Article 15 and demanded a court martial to clear his name...

There are all sorts of reasons those others might have to lie, including but not limited to, discrediting someone with knowledge of their own crimes in case he did turn up again.

Fact is, no one here knows anything right now, because we are not party to the investigation, official reports, yada yada. That is why there is a trial. I would tend to think him innocent simply because media coverage has gone out of its way to try him in the press and make him seem guilty. My suspicion would be that some people want to see the guy discredited for what he knows or might know.

 

[ATF]

There are thousands of US Military deserters every year. Why can't the US find them? This guy is getting tried in Texas so it's an open and shut case.