Bowe Bergdahl loses appeal in highest military court

“In an important decision clarifying the extent to which the law of unlawful command influence applies to senior civilians, a divided CAAF affirmed the Army Court of Criminal Appeals in United States v. Bergdahl, finding that statements made by the late Senator John McCain and President Trump did not constitute apparent unlawful command influence,” caaffglog.org reported

Bergdahl walked off his post in 2009. He was later found at the risk of American troops lives.

He was exchanged for four terrorists in Guantanamo in a very controversial unilateral move by President Obama in 2014.

The following is from a Legislative hearing criticizing the administration for negotiating with terrorists:

 Sergeant Bowe Bergdahl and his exchange for five terrorist prisoners  from Guantanamo Bay. Let's hope that the Bergdahl negotiators  are not the same ones currently negotiating with Iran over  nuclear weapons. Background and for the full prisoner exchange visit

Master Sgt. Mark Allen Obid

MSG Mark Allen, age 46 of Loganville, died on Saturday, October 12, 2019 from complications of an injury sustained while serving in Afghanistan in 2009. Mark was a veteran of the US Army.

U.S. Army Forces Command announces actions in Bergdahl case

By U.S. Army Forces Command Public AffairsMarch 25, 2015

• 2015 The U.S. Army Forces Command has thoroughly reviewed the Army investigation surrounding Sgt. Robert Bowdrie (“Bowe”) Bergdahl’s 2009 disappearance in Afghanistan and formally charged Sgt. Bergdahl under the U.S. Armed Forces’ Uniform Code of Military Justice on March 25, 2015, with “Desertion with Intent to Shirk Important or Hazardous Duty” and “Misbehavior Before The Enemy by Endangering the Safety of a Command, Unit or Place,” and has referred the case to an Article 32 preliminary hearing.

Sgt. Bergdahl is charged under the Uniform Code of Military Justice with one count of Article 85, “Desertion with Intent to Shirk Important or Hazardous Duty,” and one count of Article 99, “Misbehavior Before The Enemy by Endangering the Safety of a Command, Unit or Place.” Army Sgt. Bergdahl disappeared June 30, 2009, from Combat Outpost Mest-Lalak in Paktika Province, Afghanistan, and was subsequently captured.

An Article 32 preliminary hearing is a legal procedure under the Uniform Code of Military Justice designed to determine whether there is sufficient evidence to merit a court-martial and is required before a case can be tried by a General Court-Martial. Legal experts often compare this to a civilian grand jury inquiry. The Article 32 hearing will take place at Fort Sam Houston, Texas. Specific scheduling details and procedures for news-media coverage of the hearing will be announced at a later date.  

Following the Article 32 preliminary hearing and receipt of the Article 32 preliminary hearing officer’s recommendations, the report will be forwarded to a General Court-Martial convening authority who may refer charges to a General Court-martial, refer the charges to a Special Court-martial, dismiss the charges, or take any other action deemed appropriate.

Article 85 of the Uniform Code of Military Justice, “Desertion with Intent to Shirk Important or Hazardous Duty,” carries a maximum potential punishment of a dishonorable discharge, reduction to the rank of E-1, total forfeiture of all pay and allowances, and maximum confinement of five years. Article 99 of the Uniform Code of Military Justice, “Misbehavior Before The Enemy by Endangering the Safety of a Command, Unit or Place,” carries a maximum potential penalty of dishonorable discharge, reduction to the rank of E-1, total forfeiture of all pay and allowances, and possible confinement for life.

Under the Uniform Code of Military Justice, the specific legal elements for Article 85, “Desertion with Intent to Shirk Important or Hazardous Duty,” are: (1) “The accused quit his (or her) unit or place of duty,” (2) “The accused did so with the intent to avoid or shirk certain service,” (3) The duty to be performed was hazardous or important,” (4) “The accused knew he (or she) was required for the duty or service,” and (5) “The accused remained absent until a certain date.”

The specific legal elements for Article 99, “Misbehavior Before The Enemy by Endangering the Safety of a Command, Unit or Place,” are: (1) “The accused has a duty to defend a unit or place,” (2) “The accused committed misconduct,” (3) “The accused thereby endangered the unit or place,” and (4) “The act occurred before the enemy.”

Forces Command officials associated with this legal case cannot discuss or disclose the findings of the 2014 investigation while legal actions are pending out of respect to the judicial process, the rights of the accused, and to ensure the proceeding’s fairness and impartiality. The Army’s 2014 investigation into the circumstances of the Soldier’s 2009 disappearance and capture in Afghanistan is currently being treated as potential evidence in the pending Article 32 preliminary hearing. 

Newly promoted Sgt. Bowe R. Bergdahl, 25, was declared Duty Status Whereabouts Unknown (DUSTWUN) on July 1, 2009 and his status was changed to “Missing-Captured” on July 3, 2009. 

He was assigned to 1st Battalion, 501st Parachute Infantry Regiment, 4th Brigade Combat Team, 25th Infantry Division, Fort Richardson, Alaska. 

BACKGROUND:

2014 Obama: ‘Sacred rule’ required securing Bergdahl’s freedom

By Nick Simeone, American Forces Press Service June 3, 2014

• Regardless of the circumstances that led to Army Sgt. Bowe Bergdahl’s five years of captivity, President Barack Obama said today, the United States needed to get him back.

“The United States has always had a pretty sacred rule, and that is we don’t leave our men or women in uniform behind,” the president said at a news conference in Warsaw, Poland.

“We still get an American soldier back if he’s held in captivity. Period. Full stop. We don’t condition that,” he added.

Obama made the comments amid reports, some attributed to those who served with Bergdahl in Afghanistan, that he may have deliberately abandoned his outpost in remote Paktika province before he was abducted by the Haqqani network in June 2009. An agreement between the United States and the Taliban, arranged through Qatari intermediaries, led to Bergdahl being handed over to U.S. Special Forces near the Afghan-Pakistan border May 31 in exchange for Qatar taking custody for a year of five senior Taliban commanders jailed at the Navy’s detention facility at Guantanamo Bay, Cuba.

Bergdahl remains in stable condition at the Army’s Landstuhl Regional Medical Center in Germany, and as of today, has not been able to speak to his family or brief the military on what led to his capture. While his recovery remains the first priority, senior military officials say, there will be an investigation, and punitive measures could follow if he is found to have violated military law.

“Like any American, he is innocent until proven guilty,” Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, said on his Facebook page. “Our Army’s leaders will not look away from misconduct if it occurred.”

Later, Army Secretary John M. McHugh said the service is grateful that Bergdahl is back in American hands, but that “as Chairman Dempsey indicated, the Army will then review this in a comprehensive, coordinated effort that will include speaking with Sgt. Bergdahl to better learn from him the circumstances of his disappearance and captivity.” 

Future decisions will be made in line with regulations, policies and practices, McHugh added.

At his Warsaw news conference, President Obama also faced questions over whether it was appropriate for security reasons to trade five senior members of the Taliban for Bergdahl’s release, and why the White House did not provide 30 days’ notice before the detainees were handed over, as required by law.

Obama said the decision not to fulfill that requirement was based on concerns about Berdahl’s health, which Defense Secretary Chuck Hagel has said was deteriorating.

The prisoner trade was conditioned on the Qataris keeping eyes on the released Guantanamo detainees and creating a structure in which the United States can monitor their activities, Obama said.

Following an active search for Bergdahl who returned to the U.S., An investigation and court martial were conducted. Berghdal pleaded guilty to desertion. He received demotions but no prison time.