Army officer recommends no jail time for Sgt. Bergdahl

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

Fueled by allegations that Bergdahl had possibly cooperated with the enemy, many of Bergdahl’s comrades came out publically to criticize the soldier, claiming the 45-day search to find him put their lives in danger.

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. Bergdahl believed that by leaving his observation post and running 23 kilometers (about 14 miles) to a nearby base he could cause a stir and gain access to a high-ranking officer to complain, Dahl said.

Without confirming the decision, the US Army said “we continue to maintain careful respect for the military-judicial process, the rights of the accused, and ensuring the case’s fairness and impartiality”.

The recommendation comes after a two-day preliminary hearing in San Antonio, in September, in which Visger heard testimony in Bergdahl’s case.

Bergdahl did not testify at the Article 32 hearing, but evidence presented at the hearing indicated Bergdahl had left his post in a bid to highlight problems in his unit to a general located 19 miles away. Visger submitted his recommendations in a report Monday, although the Army has yet to disclose its contents, and no deadline has been made public for Abrams’ decision, the Associated Press reported Saturday.

In a court filing released to the media, Fidell praised Visger for his “balanced, judicious and humane approach” to the case.

Fidell has repeatedly pointed to testimony during the Article 32 hearing at Fort Sam from a two-star general who investigated the case in arguing that Bergdahl, 29, of Hailey, Idaho, should not get jail time.

At the time of his recovery, USA officials said Obama’s national security team was unanimous in its support of the prisoner exchange that ultimately returned Bergdahl to the United States.

“The pity is, there’s no reason for not having transparency”, Fidell said Saturday, adding that Bergdahl’s defense team planned to file a written appeal next week seeking to have the full report released.