Death or Other Such Punishment


bowe-bergdahl-630I realize that the Courts Martial has not even started yet, so this is putting the cart before the horse, but let’s play a “What If” game…

Bowe Bergdhal may be shown to have committed Desertion, define by the Uniform Code of Military Justice as follows:

(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 one 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 Note: This provision has been held not to state a separate offense by the United States Court of Military Appeals in United States v. Huff, 7 U.S.C.M.A. 247, 22 C.M.R. 37 (1956), 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.

Now look, on the surface of this, the Army clearly has their reasons to believe that Bergdahl deserted. I still believe that the reason he was crying when recovered had little to do with being happy about the PLRI “releasing” him back to the US, but that’s my belief. I have dozens of questions, including how did his Dad know that he didn’t speak English anymore? But put all that aside for the moment, and presume that he is going to be convicted by the Court Martial.

What SHOULD the punishment be? Put yourself in the place of the Trial Court for an omnipotent moment and make the ruling. How do YOU punish Bowe Bergdahl?

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About FTB1(SS)

Plausibly Live is the Official Podcast of The Dave Bowman Show. From 2007 to 2015, Dave was the host of KFIV’s “Afternoons Live” (Later “The Dave Bowman Show”) and the Central Valley’s go-to man for insightful and entertaining analysis of the day's news and events. In 2015, Dave left radio to raise his son and helped to launch the Podcast 99 network (www.podcast99.org), which features voices and topics from all around the area, the nation, and the world, on a variety of subjects. Re-launching his own show as a podcast, Dave continues his look at the world around him, now without the constraints of terrestrial radio, but still with his eclectic mix of history and common sense. The primary feature element of Plausibly Live is Constitution Thursday, which since 2010 has been a weekly look at the history and impact of the US Constitution. Dave is a US Navy Submariner, a radio talk show host, father, baseball fan, avid reader and a frustrated writer. He has a passion for books, theology, submarines, coffee, tequila, 1970’s music (especially funk!) and is a ToTaL Star Trek geek. Dave being promoted to FTB2(SS) in 1986. Dave being promoted to FTB2(SS) in 1986. He was born in Oklahoma, grew up in Colorado, graduated from Ogden High School (Class of ’81) in Ogden, UT, served for eleven years in the US Navy Submarine fleet, was a Naval Instructor and as a Ballistic Missile Fire Control Technician, he achieved the rank of FTB1(SS) through sorcery and favoritism, but would have been happy staying an FTB2(SS) for life. He was trained as a targeting specialist and Battle Stations Missile Fire Control Supervisor aboard USS Michigan SSBN-727(G) and was trained on two Fire Control Systems, the Mk 98 Mod 0 TRIDENT and the Mk 88 Mod 1 POSEIDON. Later he served as a part of the Fleet Combat Training Center Dam Neck Auxiliary Security Force, which sounds impressive but was really just bait for Seal Team 6 and any Iraqi terrorists who happened to land on the beach in Virginia. He later attended Seminary in Atlanta, GA, then served as a pastor for five years before realizing the massive error of his ways. He then worked in non-Profit management until 2006 when he was hired to do sports for a local talk radio show, eventually moving into the host position in September of 2007. In the fall of 2008, after years of questioning and study, Dave completed the process of conversion to Judaism. In 2009 Dave married Cami, and in 2010 they were blessed with their son, Benjamin, to go along with four daughters, one son-in-law and three grandchildren. In the summer of 2017, Dave and Cami relocated “back home” to Silverdale, WA, where Dave had been stationed when they first met in 1985. From September 2007 to January 2015 Dave was heard each weekday from 3pm to 6pm (Pacific) on Power Talk 1360AM & 1280 in Modesto & Stockton, CA. Today, you can hear his Podcast Show, Plausibly Live, on The Dave Bowman Show website or on The Podcast 99 Network Page.

Posted on April 19, 2015, in News & Notes and tagged , . Bookmark the permalink. Leave a comment.

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