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ORIGINAL: truckinslave

Yeah, well, I sorta kinda resemble that remark sometimes.
I am in fact an opinionated sort.
But I will (grudgingly) admit when I am proven wrong, and this is squarely in my (old) wheelhouse

You have been proved wrong on many occasions and I have yet to see you admit it once....perhaps a link to one of your so called mea culpa's

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ORIGINAL: TheHeretic

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ORIGINAL: DomKen
It's amazing to me how suddenly people who never spent a second in uniform are suddenly experts on military rules, regulations and justices.

Maybe they picked it up from reading your posts on any number of other topics, Ken?

How it is handled in the criminal proceedings varies widely, and so do the punishments. I knew one disgrace to his uniform and oath who deserted from 29 Palms on Sept. 12, 2001. Article 15 with rank reduction and a general discharge, when he returned to the post 37 days later.

I've always felt that the 30 days before AWOL became desertion was essentially a statuatory cooling off period.

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ORIGINAL: truckinslave

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I'll repeat this for you to desert requires an intent that will require his confession.

And I shall repeat for you that confession is not required to prove intent.

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To gather evidence of intent to desert, the prosecution may present for consideration the length of absence, statements made, or actions of the accused and also how the absence was terminated.

Source.....

I can (sort of) understand that a reasonable person might think he would be found innocent.
But: do you maintain there is insufficient evidence even to go to court-martial?

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ORIGINAL: TheHeretic

Could you highlight the part where it says we should just leave him to rot in enemy hands, without bothering to do the court martial thing?

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ORIGINAL: TheHeretic
Could you highlight the part where it says we should just leave him to rot in enemy hands, without bothering to do the court martial thing?

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Bergdahl's own father thanked Allah in the Rose Garden!

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ORIGINAL: DomKen

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ORIGINAL: TheHeretic

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ORIGINAL: DomKen
It's amazing to me how suddenly people who never spent a second in uniform are suddenly experts on military rules, regulations and justices.

Maybe they picked it up from reading your posts on any number of other topics, Ken?

How it is handled in the criminal proceedings varies widely, and so do the punishments. I knew one disgrace to his uniform and oath who deserted from 29 Palms on Sept. 12, 2001. Article 15 with rank reduction and a general discharge, when he returned to the post 37 days later.

I've always felt that the 30 days before AWOL became desertion was essentially a statuatory cooling off period.

I've never heard of anyone getting a desertion charge that wasn't gone for more than 30 days.

Missing a scheduled ship's movement was a separate very serious offence in the Navy.

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ORIGINAL: thompsonx

ORIGINAL: HornyDaisy
They are exactly the same thing, or more accurately there is no such thing as UA.


You are mistaken as the rest of your post will prove.

Under the UCMJ there are three categories of being absent from duty, Articles 85 (Desertion), 86 (Absent Without Leave), and 87 (Missing Movement).

Barring certian circumstances you need to be ua for 30 days before being declared awol.

http://www.militarylawyers.com/Unauthorized-Absence.htmlhttp://girightshotline.org/en/military-knowledge-base/regulation/awol-or-ua-from-active-duty/marines



UA/AWOL is based on the various branches originally having their own rules. The Army and Air Force called it AWOL, while the Navy and Marines said UA (Unauthorized Absense). But as of the 50's when the UCMJ was enacted to cover all branches of the military, the official charge is AWOL, regardless of what the individual service may chose to call it.

What the individual services calls it is what is on the courtmartial or njp papers...so yes it is important.

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ORIGINAL: Musicmystery

Ever notice how all the world's experts just happen to be posting on Collar?

Kind of amazing coincidence.

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ORIGINAL: FatDomDaddy

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ORIGINAL: TheHeretic

Could you highlight the part where it says we should just leave him to rot in enemy hands, without bothering to do the court martial thing?

Well, I think that's the part where he converted to Islam and joined the Jihad.

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ORIGINAL: Musicmystery

Ever notice how all the world's experts just happen to be posting on Collar?

Kind of amazing coincidence.

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ORIGINAL: ThirdWheelWanted
Hmmm, I have a better idea, how about you highlight somewhere that I said he should have been? Because I don't recall saying any such thing. I was simply saying, that per the UCMJ (the only definition that matters), Bergdahl is a deserter.

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ORIGINAL: ThirdWheelWanted

Ken, I'm sorry, but you're wrong. While you may not have heard about it, there is no legal requirement for someone to be absent for 30 days before being charged with desertion. http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm

This link is regarding what is known as the 30 day rule. http://usmilitary.about.com/od/justicelawlegislation/a/awol2.htm

Missing movement isn't just a navy offense, it's Article 87 of the UCMJ Missing Movement, and applies to all service members.

And by the way, I did serve in the Army.

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The primary difference between the two offenses is "intent to remain away permanently." If one intends to return to "military control," one is guilty of "AWOL," under Article 86, not Desertion, under Article 85, even if they were away for ten years.

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ORIGINAL: TheHeretic

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ORIGINAL: Musicmystery

Ever notice how all the world's experts just happen to be posting on Collar?

Kind of amazing coincidence.

No need to be an expert, Muse. The first UCMJ and AWOL/desertion class happens before a recruit is allowed to go to bed after reception. That we don't abandon our own follows pretty quickly.

If we seem like "experts," it's only because most of the country is dumbass ignorant on any of it.

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ORIGINAL: DomKen

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ORIGINAL: ThirdWheelWanted

Ken, I'm sorry, but you're wrong. While you may not have heard about it, there is no legal requirement for someone to be absent for 30 days before being charged with desertion. http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm

This link is regarding what is known as the 30 day rule. http://usmilitary.about.com/od/justicelawlegislation/a/awol2.htm

Missing movement isn't just a navy offense, it's Article 87 of the UCMJ Missing Movement, and applies to all service members.

And by the way, I did serve in the Army.

Read your own link

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The primary difference between the two offenses is "intent to remain away permanently." If one intends to return to "military control," one is guilty of "AWOL," under Article 86, not Desertion, under Article 85, even if they were away for ten years.

Assuming the Rolling Stone article is correct then he intended to come back and therefore he is not a deserter.

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while we are still fighting in Afghanistan