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Obama Wars See other Obama Wars Articles Title: Bergdahl charges, required elements, explanation, lesser included offense, maximum punishment
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Published: Mar 26, 2015
Author: nolu chan
Post Date: 2015-03-26 19:33:01 by nolu chan
Keywords: bergdahl, charges, elements Views: 828
Comments: 1
The Washington Times reported that, Sgt. Bergdahl was charged with one count of desertion with intent to shirk important or hazardous duty and one count of misbehavior before the enemy by endangering the safety of a command, unit or place, Col. Daniel J.W. King, chief of public affairs at U.S. Army Forces Command, said in a press conference at Fort Bragg, N.C. 9. Article 85Desertion a. Text. (a) Any member of the armed forces who [...] (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; [...] b. Elements. (2) Desertion with intent to avoid hazardous duty or to shirk important service. (a) That the accused quit his or her unit, organization, or other place of duty; (b) That the accused did so with the intent to avoid a certain duty or shirk a certain service; (c) That the duty to be performed was hazardous or the service important; (d) That the accused knew that he or she would be required for such duty or service; and (e) That the accused remained absent until the date alleged. [...] c. Explanation. [...] (2) Quitting unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service. (a) Hazardous duty or important service. Hazardous duty or important service may include service such as duty in a combat or other dangerous area; embarkation for certain foreign or sea duty; movement to a port of embarkation for that purpose; entrainment for duty on the border or coast in time of war or threatened invasion or other disturbances; strike or riot duty; or employment in aid of the civil power in, for example, protecting property, or quelling or preventing disorder in times of great public disaster. Such services as drill, target practice, maneuvers, and practice marches are not ordinarily hazardous duty or important service. Whether a duty is hazardous or a service is important depends upon the circumstances of the particular case, and is a question of fact for the court martial to decide. (b) Quits. Quits in Article 85 means goes absent without authority. (c) Actual knowledge. Article 85 a(2) requires proof that the accused actually knew of the hazardous duty or important service. Actual knowledge may be proved by circumstantial evidence. [...] d. Lesser included offense. Article 86absence without leave. e. Maximum punishment. (1) Completed or attempted desertion with intent to avoid hazardous duty or to shirk important service. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. 23. Article 99Misbehavior before the enemy a. Text. Any member of the armed forces who before or in the presence of the enemy [...] (3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; [...] b. Elements. [...] (3) Endangering safety of a command, unit, place, ship, or military property. (a) That it was the duty of the accused to defend a certain command, unit, place, ship, or certain military property; (b) That the accused committed certain disobedience, neglect, or intentional misconduct; (c) That the accused thereby endangered the safety of the command, unit, place, ship, or military property; and (d) That this act occurred while the accused was before or in the presence of the enemy. [...] c. Explanation. [...] (b) Enemy. Enemy includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. Enemy is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other. (c) Before the enemy. Whether a person is before the enemy is a question of tactical relation, not distance. For example, a member of an antiaircraft gun crew charged with opposing anticipated attack from the air, or a member of a unit about to move into combat may be before the enemy although miles from the enemy lines. On the other hand, an organization some distance from the front or immediate area of combat which is not a part of a tactical operation then going on or in immediate prospect is not before or in the presence of the enemy within the meaning of this article. [...] d. Lesser included offenses. [...] (3) Endangering safety of a command, unit, place, ship, or military property. (a) Through disobedience of order. Article 92failure to obey lawful order (b) Article 80attempts [...] e. Maximum punishment. All offenses under Article 99. Death or such other punishment as a court-martial may direct. Note: When, as with Bergdahl, the Convenint Authority (CA) does not include specific content in the charging document bringing a capital case, the Court shall not consider or award a death sentence.
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