WHY BOWE BERGDAHL SHOULD DO TIME
THE UNITED STATES ARMY SHOULD PROSECUTE BOWE BERGDAHL TO THE MAXIMUM EXTENT OF THE LAW FOR HIS DESERTION AND MISBEHAVIOR. Robert Bowdrie (Bowe) Bergdahl is a United States Army sergeant who left his post in Afghanistan 2009 purposefully and intentionally. The Bowe Bergdahl case is an odd case that sometimes does not make much sense. He will be facing court-martial sometime this year for is desertion and misbehavior. The Uniform Code of Military Justice is very similar to regular law but has some adjustments that pertain to certain military rules and regulations. Bergdahl violated one of the most important rules and the first General Order, these orders are a soldier’s guideline on how to conduct
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Although some think that is enough to not admit him to any other military service he later joined the Army through the proper channels and with a waiver.
Bergdahl actively made the decision to leave his post in Afghanistan in an attempt to raise awareness to the issues he was having with his unit. His plan was to leave from his duty station and make a long hike to another base in the region, causing what is known as a DUSTWUN (duty status whereabouts unknown) and that this action might bring attention to his situation by alerting higher command. There is no proof of how he was actually captured, Bergdahl mailed many of his belongings home and sent final emails to his father before his departure.
From my personal experience while deployed to Afghanistan from 2011-2012 I can say it is very rough to put it simply, the thought of leaving your post and wanting to get away from it all is a regular occurrence, but when you are in that tower or driving on a convoy or whatever it is that you are doing and you look out into the nothingness it hits you very quickly and you realize the radical impracticality of it all, you understand through your training that there is literally no way that you would be able to accomplish getting away from whatever you wish you could.
Bowe’s story of why he did leave his post is strange there are many sources of which
The 3rd Brigade, 101st Airborne Division, a unit known as the Rakkasans, were conducting Operation Iron Triangle in 2006 in Iraq when soldiers killed eight unarmed Iraqi men. The US military severely reprimanded the Commander of the Rakkasans, COL Michael Steele, for the unethical command climate his leadership allowed to exist within the unit at that time. This unit will need a new commander that can set and maintain an effective, ethical command climate through his leadership. That new commander should resolve the issues that led to the reported war crime in order to establish a culture that perpetuates an ethical command climate.
The case is about detention of a citizen from the United States of America unlawfully without being charged or tried. The issue in the case is whether the military officials violate the law through such conducting such a detention unless the Congress authorizes them to do so. Jose Padilla, an American, returned from Pakistan in 2002 when he was later arrested in O’Hare International Airport in Chicago (Ann, 2004). At first, he was detained as a witness during the investigation that the government conducted in the al Qaeda network. However, his detention was followed by a declaration that he was an ‘enemy combatant.’ The Defense Department of Chicago, by declaring him so implied that he could now be taken to prison without accessing an attorney or even the courts. The main reason why he was arrested was that the FBI suspected that his return to the United States of America was to continue carrying out criminal acts in the country.
In the wake of the release of the American Prisoner Bowe Bergdhal from Talban captivity, it came to light that his release was in an exchange President Obama made to release five Guantanamo Bay prisoners. These prisoners are known to have direct ties to the Taliban and Osama bin Laden. Bergdahl had been in captivity since 2009, and allegedly spent that time in confinement and exposed to torture. It came to light thorough several of his former battalion members soon after Bergdahls release that he deserted his US Army post while on guard in eastern Afghanistan. This ignited a fire under media outlets, and soon had the entirety of the United States up in arms. The country became divided over whether Sgt. Bergdhal had actually deserted his post, or was the victim of unfortunate circumstances. Ten months after returning to home soil, Bergdahl was officially charged on March 25, 2015, with two crimes
"People started saying Bergdahl shouldn't be celebrated. Some of the soldiers from his unit called him a deserter, a traitor. They said he had deliberately walked off their small outpost in eastern Afghanistan and into hostile territory." Reads the official synopsis on Serial's website.
Barack Obama recklessly traded five Taliban leaders for the release of Bowe Bergdahl. While stationed in Afghanistan, Bergdahl became opposed to America, growing closer to the locals than the members of his unit. After mailing several possessions home, he walked away from his unit. When he was captured, members of his unit called him a deserter. All five Taliban Obama traded for him were high-ranking and regarded as high-risk. Continued detainment was recommended to prevent them from continuing to present a risk to Americans. It 's impossible to tell how many people may die as a result of the future actions of the terrorists released in exchange for a single
In 2014, the release of U.S. Army Sergeant Bowe Bergdahl from Taliban forces in Afghanistan made headline news across the world. Initial reports were celebratory but were short lived in the United States, as controversy exploded with Republican officials vocally challenging the narrative and worthiness of President Obama’s executive order in facilitating Bergdahl’s release in exchange for five senior Taliban officials being held at Guantanamo. Bergdahl’s character was called into question as both he and President Obama were vilified in the shifting chorus of media coverage, with many news outlets playing up the “controversy” of the President’s action and Bergdahl’s supposed ignoble character.
The negotiation for the release of Bowe Bergdahl in 2014 is the subject of my review. Bergdahl was the last United States (U.S) prisoner-of-war from the war in Afghanistan captured in 2009 by the Haqqani network, an ally of the Taliban terrorist group (Wallbank and Ratnam 2014). Bergdahl was taken after leaving his Army post and held by his captives in Pakistan for five years (CBS NEWS). According to reports, Bergdahl left his post as a result of becoming disillusioned with the war effort following the death of a fellow soldier; leaving many, including some members of congress, to consider him as a deserter (Capehart 2014).
military but not passing an eye exam kept him from doing so. Failing that eye exam is basically
The international condemnation of the U.S. because of her treatment of the Guantanamo Bay detainees is a challenge that America must rise to encounter be ensuring fairness and respect to the rule of law that the U.S. has defended since the nation was founded. When Al-Baghdadi is held indefinitely at the prison facility, it becomes quite certain that America shall have deemed him guilty of his alleged criminal activities. However, full impact of the rule of law requires persons like Al-Baghdadi to either be convicted or acquitted based on the principles of fair trial as the law requires. On the hand, his continual stay at the prison could subject him to possible inhumane treatment at the hands of military personnel who are manning the facility. As at present, the military commission which tries the detainees at Guantanamo Bay operates in isolation from the regulations on trial procedures which are expected of the civil courts within the U.S. For example, judicial review and/or chances of appealing decisions of the military commissions are technically nonexistent. These are plausible reasons which make Al-Baghdadi’s transfer into the U.S. for
Lieutenant Lotem’s decision to conscientiously object from what his own military was doing is an interesting case in justice and ethics. One cannot deny that he disobeyed his direct orders and that, from the perspective of the Israeli military, he was essentially a criminal who refused to do his job. However, the reasons that he refused add a significant level of complexity to his case, presenting many questions and aspects for consideration. Lotem recognized that what his own military operatives were doing was unethical—a decision he came to on his own—and refused to participate in the anti-humanitarian efforts that they were ordered to do. Naturally, his refusal to comply with direct orders led to his arrest for twenty-six days (Souryal, 2014). He completely refused to adhere to his regulations, but this was not because he didn’t want to or because he felt it was a poor use of his time; his refusal stemmed from his ethical realization that the treatment
Upon investigating the abundance of information provided upon Bowe Bergdahl’s return home from five years of captivity with the Taliban, a few details seem rather suspicious. For instance, Bowe’s plea to be released and go home sounds rehearsed and emotionless. If anyone else were in the situation Bowe was, there would most probably be more pleading in their voice than what Bowe carried in his. Along those lines, Bowe seems to be overly egocentric when he explains why he did what he did when leaving his post. Any man who puts himself and his unit in danger in order to “prove” themselves clearly has a twisted way of thinking. It appears as though Bowe views himself as invincible when he leaves his post as he only brings a knife with him for
Deployment is something you can never mentally prepare yourself for no matter how countless number of times you have deployed. It was October 2011 in Mazar-e-Sharif, Afghanistan, my name was called and my heart dropped to my stomach as I grabbed a hold of my rucksack, a green duffle bag, and my weapon. I couldn’t have weighed more than 120 pounds carrying about 130 pounds of gear. A 15-minute helicopter ride seemed like days for me. As we landed I recognized some of my coworkers waiting for us as they helped me bring my baggage to where I would be living at for the next 12 months. It was a 10 person living tent with 10 bunk
Originally rejected when he tried to join the armed forces, due to problems with his back, he was able to join the navy only three months
Desertion is a very strong offense in the military and receives the highest of punishment which is equivalent to espionage. Sergeant Bergdahl is possibly guilty of desertion due to his actions. The rescue of Sergeant Bowe Bergdahl has been all over the news as of recent. It has been a very hot topic of discussion. There is so much chatter of him breaking laws of the uniform code of military justice (UCMJ) pertaining to desertion and absent without official leave (AWOL) due to his disappearance from his Afghanistan American forward operating base five years ago. Investigations are currently being done internally by the United States government to try and clarify if he is innocent of either crime. The facts will come out eventually and it will allow us to draw our own final conclusion or opinion.
The recommendation should consider the past, the current, and the future victims of the government violating human rights covenants and norms. That is, from those who have been already accused of criminals to those who will be on trial due to individual’s conscious, religion, or belief, new policies for conscientious objectors should encompass all. Therefore, as Amnesty International has asserted, the first thing the government should do is to release all imprisoned conscientious objectors immediately, and clear their criminal records (26). Then, realistic alternatives should be implemented for them to fulfill their military duty. Simply, it should provide the equal chance to be exempted, but it would ask for the certain requirements in accordance with the types and the length of their service. In order to make a