Army Sgt. Bowe Bergdahl was charged with desertion and misbehavior in front of the enemy. (Photo: FOX News)
The U.S. Army has decided to refer Bowe Bergdahl to a general court-martial to face a trial on charges of “desertion” and “endangering the safety” of his unit, despite prior claims by his defense attorney. Eugene Fidell, Bergdahl’s defense attorney, said military authorities did not follow the advice of the preliminary hearing officer, who had recommended the case be remanded only to a special misdemeanor-level military court.
despite claims by the defense. Bergdahl was released from captivity last year after the Obama administration agreed to exchange him for five Taliban commanders detained at Guantanamo Bay. He was later charged with desertion and misbehavior before the enemy, accused of abandoning his post before he was captured.
An arraignment hearing date at Fort Bragg, N.C., has not yet been set.
885. ARTICLE 85. DESERTION
(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.
(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.
899. ARTICLE 99. MISBEHAVIOR BEFORE THE ENEMY
Any person subject to this chapter who before or in the presence of the enemy–
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or such punishment as a court- martial may direct.
