USMB Military & Vets is Bergdhal a deserter

[Freewill]

Without question he is a deserter. He may even be a traitor and collaborator. The court martial will be interesting to say the least.

What do you mean, without question? Did you read the articles 85 and 86? How can you say he meets any of those requirements, without question? How do you know he wasn't going to come back?

 

[Freewill]

in my OPINION and by U.S. Navy standards ...., YES !

Did you read the UCMJ?

 

[tinydancer]

Active military and Vets please vote.

It doesn't matter what people believe , lets see what the facts as they come out say.

A bunch of jacked jawed goobers speculating isn't facts.

Oh just get back to us when you tell me how you posted over Zimmerman mr high and freaking mighty.

 

[Coloradomtnman]

From what I understand the Army promoted him two times while he was AWOL. Is the Army as crazy as the Hussein administration?

I was wondering how he attended NCO school while he was a prisoner.
.

there's is an NCO school??? Don't think so, but there are test, as far as I know.

I went to NCO School. There are tests even if you don't go to NCO School.

 

[tinydancer]

NO, he's not a deserter - because as of this date we don't know yet what he is. He may be mentally ill. For whatever reason, I guess he was AWOL.

After 30 days, AWOL becomes desertion.

Not if he's captured by the enemy. Then he's a POW.

Link to where he was designated a POW. Surely you can pull one up.

 

[OKTexas]

Punitive Articles of the UCMJ

Article 85—Desertion

Article 85—Desertion

Text.

“(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 one 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 Note: This provision has been held not to state a separate offense by the United States Court of Military Appeals in United States v. Huff, 7 U.S.C.M.A. 247, 22 C.M.R. 37 (1956), is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.”

Guide Note: The offense of Desertion, under Article 85, carries a much greater punishment, than the offense of AWOL, under Article 86. Many people believe that if one is absent without authority for greater than 30 days, the offense changes from AWOL to Desertion, but that's not quite true.

The primary difference between the two offenses is "intent to remain away permanently." If one intends to return to "military control," one is guilty of "AWOL," under Article 86, not Desertion, under Article 85, even if they were away for ten years. The confusion derives from the fact that, if a member is absent without authority for longer than 30 days, the government (court-martial) is allowed to assume there was no intent to return. Therefore, the burden of proof that the accused intended to someday return to "military control" lies with the defense.

A person who is absent for just a day or two, then apprehended, could still be charged with the offense of Desertion, but the prosecution would have to show evidence that the accused intended to remain away permanently.


Article 86—Absence without leave

Text.

“Any member of the armed forces who, without authority—

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.”

Art. 86: Absence Without Leave - Punitive Articles of the UCMJ

If this regime decides to charge him I think it will be under Article 85, but honestly, I see some undue command influence in his future, as in giving him a pass.

As was said, opinions were asked, if they charge him with article 85 they will have a hard time proving his intent was to leave and never come back. The 30 day deal goes out the window since he was captured by all accounts. All the other requirements for desertion do not necessarily fit. AWOL is what my reading tells me.

What is equally amazing is how many people have given their opinion without really know the difference between the two.

Are you forgetting he sent all his valuables home before he left? That alone shows intent not to return.

 

[OKTexas]

From what I understand the Army promoted him two times while he was AWOL. Is the Army as crazy as the Hussein administration?

I was wondering how he attended NCO school while he was a prisoner.
.

there's is an NCO school??? Don't think so, but there are test, as far as I know.

Army has Basic, Advanced and Senior NCO Schools and a Sergeants Major Academy. There are also Officer Schools all the way up to the War College.

 

[Siete]

USMB ... Guilty

US Military ... has yet to all him a deserter.


gee, I wonder which side I'll stand with.

 

[daveman]

USMB ... Guilty

US Military ... has yet to all him a deserter.


gee, I wonder which side I'll stand with.

Whichever one the White House tells you to.

 

[Freewill]

If this regime decides to charge him I think it will be under Article 85, but honestly, I see some undue command influence in his future, as in giving him a pass.

As was said, opinions were asked, if they charge him with article 85 they will have a hard time proving his intent was to leave and never come back. The 30 day deal goes out the window since he was captured by all accounts. All the other requirements for desertion do not necessarily fit. AWOL is what my reading tells me.

What is equally amazing is how many people have given their opinion without really know the difference between the two.

Are you forgetting he sent all his valuables home before he left? That alone shows intent not to return.

Let's say he did for the reason you gave, why would he do it? If he isn't coming back no way he is getting the stuff anyway. OR he knew he wouldn't be coming back to his unit because he would be prosecuted. So if he did send his stuff back then that is clear indication of his intent and his sanity. Makes prosecution easier in that they don't have a sanity issue but it does not, conclusively prove to me he intended to stay away forever.

But I could be very wrong, this is just my opinion.

The thing is that this is a very strange situation for a man to leave his unit like he did, very strange. So in that regard if sane why would he go over to the other side? What I think is he is sane. He wanted adventure, he wanted to be Jason Borne. I believe he thought he would go over for a short period and then be released. Faulty thinking on his part but it is what I believed happened.

 

[tinydancer]

USMB ... Guilty

US Military ... has yet to all him a deserter.


gee, I wonder which side I'll stand with.

And now for the rest of the story.....

Siete stands with the AWOL dude.

 

[Wildman]

None of you would rather hear the whole story first?

what MORE is there to "hear" ? the "whole story", is the fact he willingly walked away from his assigned duty post, leaving 6 sleeping good GI's for possible capture or murdered.

THAT..., is all i need to know, anything else will be filled with excuses.., there is NO reasoning for what he pulled off.

 

[Papageorgio]

We will wait for the investigation before we decide.

Those 8 who say 'yes' are why we have laws to mitigate opinion.

Tell that to Zimmerman, he was found not guilty and yet they still want to hang him.

I say wait for the facts and so far, we have none.


Sent from my iPad using an Android.

 

[Siete]

USMB ... Guilty

US Military ... has yet to all him a deserter.


gee, I wonder which side I'll stand with.

And now for the rest of the story.....

Siete stands with the AWOL dude.

I stand with the decision made by a court of his peers. Nothing more nothing less.

 

[tinydancer]

USMB ... Guilty

US Military ... has yet to all him a deserter.


gee, I wonder which side I'll stand with.

Whichever one the White House tells you to.

After all, they are the Home of the Whopper

 

[Siete]

USMB ... Guilty

US Military ... has yet to all him a deserter.


gee, I wonder which side I'll stand with.

Whichever one the White House tells you to.

After all, they are the Home of the Whopper

opposed to USMB home of IDIOTS. ?

 

[Wildman]

Active military and Vets please vote.

It doesn't matter what people believe , lets see what the facts as they come out say.

A bunch of jacked jawed goobers speculating isn't facts

how very true, i presume you are referring to the "mentally ill" post ? i agree that was stretching the truth a bit, but it is a fact that liberalism IS a mental disorder, and most likely incurable.

thank you for pointing that out

 

[Wildman]

We will wait for the investigation before we decide.

Those 8 who say 'yes' are why we have laws to mitigate opinion.

you are saying that the 6 GI's left in a bunker gave an "OPINION" that the traitor abandoned his duty post ?

 

[Freewill]

I was wondering how he attended NCO school while he was a prisoner.
.

there's is an NCO school??? Don't think so, but there are test, as far as I know.

Army has Basic, Advanced and Senior NCO Schools and a Sergeants Major Academy. There are also Officer Schools all the way up to the War College.

forgive me asking but are you saying those schools are a requirement for advancement and not a result of advancement? I would say for the basic and the advanced yes and Bowe would have already been through those. Senior NCO?? No, Sergeant Major, No. not to become a sergeant at any rate. I think in the army it is mostly time.

 

[tinydancer]

Whichever one the White House tells you to.

After all, they are the Home of the Whopper

opposed to USMB home of IDIOTS. ?

Now I am a nobody compared to certain individuals who post here. Left and Right. We really do have some kick ass upper echelon folks who hang out on this very board.

You are a fool to think otherwise.