Army Officer Recommends ‘No Jail Time For Bergdahl’

Sgt. Bowe Bergdahl was handed over to USA special forces in May 2014 after almost five years in captivity in Afghanistan.

The appeals court Thursday denied the request, saying it doesn’t have jurisdiction and the request might better be dealt with through the Freedom of Information Act or, if the case proceeds to court-martial, by the military judge on the case.

It limits the maximum punishment reduction of rank, a bad conduct discharge and a short jail term, though that isn’t being sought.

Visger’s recommendations of a punishment under Article 15, without a punitive discharge, have not been publicly released, lawyers for Bergdahl said.

Visger will recommend the course of action for resolving Bergdahl’s case, such as whether it should proceed to a court-martial or be handled in a few other manner. Visger submitted a report with his recommendation on Monday, but the Army hadn’t said what Visger recommended. Sam Houston last month, is another major setback for the Army and for those who feel that Bergdahl deserves the “maximum penalty” for deserting his post at a forward operating base in Afghanistan in 2009.

Maj. Gen. Kenneth Dahl, who investigated Bergdahl’s 2009 capture by the Taliban, testified in the hearing that the soldier should not face imprisonment.

Fellow soldiers on his small combat outpost discovered Bergdahl was missing the following morning, but it was too late: He was captured by insurgents affiliated with the Taliban, and held captive for almost five years. Many politicians have also lashed out at both the Administration and Bergdahl for the prisoner swap, with Republican presidential front-runner Donald Trump calling him a “no-good traitor”.

“As legal action is ongoing, we continue to maintain careful respect for the military-judicial process, the rights of the accused, and ensuring the case’s fairness and impartiality”, said deputy chief of public affairs Paul Boyce. It said the defense team is “grateful for the balanced, judicious, and humane approach you have taken to this complex case, and for the evenhanded way you conducted the public hearing”.

Bergdahl’s lawyers have claimed that he wanted to go to another forward post in Afghanistan to report what he considered to be wrongdoing in his unit.

“Sgt. Bergdahl has missed birthdays and holidays and the simple moments with family and friends”, the President said when the soldier returned.