04-06-2014, 05:49 PM
Wandering away from your post in a combat situation without authorization is "going AWOL," regardless of your motivation. He's clearly guilty of that, and can be court-martialed for that offense. I know guys at Fort Hood who were court martialed as AWOL for being 15 minutes late to roll call.
Desertion is a different offense and it "presumed" after 30 days of being AWOL. In Bergdahl's case he was captured within 24 hours and not free to return to duty. Because the Army knew that fact early on, they did not "administratively" classify him as a deserter. Getting "administratively" classified as a deserter doesn't have any legal effect on a court martial case; after 30 days of AWOL, it would be Bergdahl's burden in court to prove that he didn't intend to defect. (Have to do some research to see if the burden shifts to Bergdahl if his absence becomes involuntary.)
It seems to me that, when he left, he did not intend to return to his post (which completes the offense of desertion, even if he subsequently thought better of it), though from listening to friends and family talk about him, and his communications, it doesn't seem that his actions were intended to provide any sort of advantage or assistance to the Taliban.
I would hope that the Army would take into account that he's already been deprived of his freedom for five years when assessing a punishment.
Desertion is a different offense and it "presumed" after 30 days of being AWOL. In Bergdahl's case he was captured within 24 hours and not free to return to duty. Because the Army knew that fact early on, they did not "administratively" classify him as a deserter. Getting "administratively" classified as a deserter doesn't have any legal effect on a court martial case; after 30 days of AWOL, it would be Bergdahl's burden in court to prove that he didn't intend to defect. (Have to do some research to see if the burden shifts to Bergdahl if his absence becomes involuntary.)
It seems to me that, when he left, he did not intend to return to his post (which completes the offense of desertion, even if he subsequently thought better of it), though from listening to friends and family talk about him, and his communications, it doesn't seem that his actions were intended to provide any sort of advantage or assistance to the Taliban.
I would hope that the Army would take into account that he's already been deprived of his freedom for five years when assessing a punishment.