Soldiers

Army Sgt. Bergdahl to Face Preliminary Hearing on Charges of Desertion and Misbehavior

Strategic Insights

Apr 1, 2015 — 1 min read

Army Sgt. Bowe Bergdahl, who spent nearly five years in captivity after walking away from his post in Afghanistan in 2009, will face a preliminary hearing in July on charges of desertion and misbehavior before the enemy. The Article 32 hearing, similar to a civilian grand jury inquiry, will determine whether there is sufficient evidence to merit a court-martial. If convicted, Bergdahl could face up to life in prison, dishonorable discharge, and loss of all pay and allowances.

Key Takeaways:

Bergdahl is charged with one count of Article 85 (desertion with intent to shirk important or hazardous duty) and one count of Article 99 (misbehavior before the enemy by endangering the safety of a command, unit or place) under the Uniform Code of Military Justice.
The charges carry maximum potential punishments of up to five years in prison, dishonorable discharge, and loss of all pay and allowances for desertion, and up to life in prison, dishonorable discharge, and loss of all pay and allowances for misbehavior before the enemy.
Bergdahl spent nearly five years in captivity in Afghanistan after walking away from his post in June 2009, and was freed by the Taliban-aligned Haqqani Network in May 2014.
The Obama administration agreed to release five Taliban leaders from Guantanamo Bay, Cuba, in exchange for Bergdahl's release, which was highly controversial and led to criticism from some Republican lawmakers.
An Army investigation into Bergdahl's disappearance and capture began in June 2014, and the Army announced the charges against him last week.
Bergdahl remains on active duty and has held an administrative position at Joint Base San Antonio-Fort Sam Houston since his release from medical observation last year.

Sources:

"Army Sgt. Bergdahl to face preliminary hearing on charges of desertion, misbehavior" by Jon Harper, Stars and Stripes, May 24, 2018
U.S. Army Forces Command statement announcing the Article 32 hearing, May 24, 2018

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