As the actual FACTS start coming out about Bowe Bergdahl, here is what we know:
1. Bergdahl had left his base without permissions on at least one prior occasion, and had come back! This is according to a report in the Army Times. In fact, his fellow soldiers failed to report it at the time. The implications of this are huge. It means that it would be impossible to prove desertion under UCMJ Article 85, because you cannot prove he intended to leave permanently. Specifically, that article states
(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.
The only two provisions that remotely could be applicable to Bowe Bergdahl are subsections (1) and (2). The first one is eliminated by the fact that he had done this before. Given that he returned on the prior occasion, it would be extremely difficult to prove an intent to "remain away....permanently."
The second subsection is also difficult to prove if he left his base at night, when he was not otherwise on duty. So, as a consequence, you can pretty much rule out Bergdahl being charged with "desertion." At worst, he can be charged under Article 86: Absence Without Leave. That is a far less serious charge, and "time served" as a POW of the Haqqani network would probably be deemed sufficient punishment. Which, incidentally, would also considered an extenuating circumstance under that article.
leaping without looking again how many times as that happened this year add up the ew sandals and the truths and we'll figure it out, IRS, NSA, BENGHAZI, can't remember the rest now but you may. do they eer read anything they always cry about how long something is and do we expect them to read it, well hell yes we do it's that elusive thing called a job, like the thing they have been denying Americans for years now. they play crazy are stupid but the know the dirt they do because it's opposite to what "we the people" want.
update: http://gawker.com/report-bergdahl-walked-off-twice-before-disappearing-i-1586658713
