Bergdahl investigation report is in and getting review

[longknife]

This is just the first stage in the process! The Adjutant General of the base will review the report and seek to decide what is to be done. As the political consequences of this make it important, I can guess it will go up the line all the way to the Pentagon. I'm certain the general office holding the authority to impanel a courts-martial will wait until he hears back from the Five-Sided Puzzle Palace nabobs. This will certainly not be before the mid-term elections!


Read the story @ Army Bergdahl investigation report is in and getting review Military Times militarytimes.com

 

[waltky]

Bergdahl's fate hinges on result of just-finished probe...

Results of Bergdahl probe could end with desertion charge or $300K back pay
December 19, 2014: WASHINGTON — The Army has finished its investigation into how and why Army Sgt. Bowe Bergdahl disappeared from his base in Afghanistan and senior Pentagon leaders have been briefed, including Defense Secretary Chuck Hagel, officials said Friday.

Details about the probe's conclusion have been closely held. But they are likely to lay out whether Bergdahl deserted his post or was "absent without leave" or AWOL. And it could include recommendations on whether Bergdahl should be charged with any criminal violations or forced to leave the Army. Any final disposition will eventually also determine whether Bergdahl gets as much as $300,000 in back pay and other benefits, including continued health care. Officials said Army Secretary John McHugh could send the case to a military commander who would decide whether it should go before a court martial and what, if any, charges would be filed against Bergdahl.

Bergdahl disappeared on June 30, 2009, reportedly walking away from his unit after expressing misgivings about the U.S. military's role — as well as his own — in Afghanistan. He was captured by the Taliban and held by members of the Haqqani network, an insurgent group tied to the Taliban that operates both in Pakistan and Afghanistan. On May 31, Bergdahl was handed over to U.S. special forces in Afghanistan as part of an exchange for five top Taliban commanders who were imprisoned at Guantanamo Bay, Cuba. After spending about two weeks recuperating at a U.S. military hospital in Germany, Bergdahl was sent to Brooke Army Medical Center at Fort Sam Houston on June 13. He is now doing administrative duties at the base, awaiting the conclusion of the case.

Officials suggested that the report's findings may not be made public any time soon. "Sometimes investigations are used in follow-on judicial processes, and therefore are not released until those judicial processes are complete," said Navy Rear Adm. John Kirby, Pentagon press secretary. He added that Hagel's briefing is "informational" and the Pentagon chief is not expected to have input into the investigation or make any decisions on the case. "The secretary is not going to do arm twisting" in the case, said Kirby of Hagel. "There's no role for him in the process to modify the investigation."

An initial U.S. military investigation in 2009 concluded that Bergdahl deliberately walked away, based on evidence available at the time. Since his release, some former soldiers who served with him have labeled him a deserter and said he should be held accountable for leaving his post. Others have suggested that troops were put in danger, and even killed, as they tried to find Bergdahl. But there are also those who contend that even if Bergdahl deliberately walked away, his five years in captivity were more than enough punishment for the soldier. Shortly after Bergdahl was released, Army Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, left open the possibility that an Army investigation could result in desertion or other charges. Dempsey was briefed on the results of Dahl's investigation earlier this week and Hagel got a similar briefing on Friday afternoon.

Maj. Gen. Kenneth R. Dahl was tasked to conduct an exhaustive investigation into the matter, and spent months interviewing unit members and commanders, and meeting with Bergdahl and his attorney, Eugene Fidell, a military justice expert who is also a visiting lecturer at Yale Law School. He submitted his report in mid-October, setting off a lengthy legal review on his report and how the Army can legally proceed in the case. The deal to swap prisoners with the Taliban, meanwhile, enraged members of Congress who complained the administration violated requirements to inform lawmakers of any such transfer 30 days in advance. A report by the nonpartisan Government Accountability Office said the Pentagon broke the law by not telling Congress and using nearly $1 million of a wartime account to make the transfer. Hagel told Congress that the Defense Department "acted lawfully in the operation to recover Sgt. Bergdahl, a judgment that was supported by the Justice Department."

Results of Bergdahl probe could end with desertion charge or 300K back pay - U.S. - Stripes

 

[longknife]

From what I've read on military websites, the results of the investigation will be turned over to the general commanding the installation where he's currently serving.

The general will certainly order an Article 32 investigation which is equal to a Grand Jury. That will determine what, if any charges, will be brought against him.

Everything points to an Article 85 charge which will require a General Courts Martial

(a) Any member of the armed forces who--

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States;

is guilty of desertion.

He could get the death penalty.

None of this will, of course, happen until Obama leaves office.

 

[longknife]

Army's Statement on Bergdahl


Well, let's see what coverage this get in the general media.

After a thorough investigation and a comprehensive legal review, the investigation concerning Sgt. Bowe Bergdahl has been forwarded to a General Courts Martial Convening Authority, Gen. Mark Milley, commanding general of Forces Command. Gen. Milley will determine appropriate action - which ranges from no further action to convening a court martial.

The Army cannot discuss or disclose the findings of the investigation while disciplinary decisions are pending before commanders.

For more information, please contact Wayne V. Hall, Army Chief of Public Affairs Media Relations Division, at 703-693-7589 or [email protected].

Release No: NR-628-14

December 22, 2014


As I've repeatedly posted, all this means is tat General Milley is the one who is going to have to deal with this hot potato. It sounds simple, but the truth is he's going to be under massive pressure from the Pentagon and the White House to avoid anything that might reflect badly upon the Commander-in-Chief.