Sgt. Bowe Bergdahl, accused of deserting his post in Afghanistan six years ago before his capture by the Taliban, should get no jail time, the investigator looking into his case says.
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Lt. Col. Mark Visger, the presiding officer at the so-called Article 32 hearing last month in San Antonio, also made recommendations in a memorandum this week for Bergdahl’s case to be moved to the military equivalent of misdemeanor court, the lawyers said.
His commanding officers said the 45-day search for Bergdahl put soldiers in danger.
Visger presided over Bergdahl’s Article 32 hearing that heard evidence from prosecution and defense witnesses as to whether Bergdahl’s case should go to a court martial.
“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.
This is the second time a military official has suggested Bergdahl should be spared time behind bars.
If he faces a lower-level hearing, the maximum punishment would be limited to a reduction of rank, a bad-conduct discharge, or a term of up to a year in prison.
He faces up to life in prison if convicted of the more serious offense of misbehavior.
Bergdahl’s ultimate fate now rests with General Robert Abrams, who will decide whether Bergdahl’s case should move to a normal court martial, or be handled in a less severe manner.
The Army general who led the investigation into Bergdahl’s actions in Afghanistan testified last month that jail time would be “inappropriate”.
This undated file image provided by the U.S. Army shows Sgt. Bowe Bergdahl. He was held captive for almost five years until he was freed in 2014 through a controversial prisoner exchange involving Guantanamo detainees.
Visger’s recommendations of a punishment under Article 15, without a punitive discharge, have not been publicly released, lawyers for Bergdahl said.
Army Spec. Joshua Cornelison, 26, a soldier who was in Bergdahl’s unit in 2009, said Saturday that he and several other soldiers who served with Bergdahl have chose to withhold further comment on the case until the Army announces what it will do.
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Attorney Eugene Fidell addresses the media at the conclusion of the…
