Army: Possible Action Against Bergdahl Ranges From None to Court-Martial

WASHINGTON, D.C. — The Army announced that a commander will decide what appropriate action to take against St. Bowe Bergdahl, which “ranges from no further action to convening a court martial.”

In a statement released Monday, the Army said the investigation to determine whether Bergdahl’s deserted his post in Afghanistan in 2009 “has been forwarded to a General Courts Martial Convening Authority.”

The Army, which did not reveal the results of the investigation, said it made the decision to forward the investigation “after a thorough investigation and a comprehensive legal review.”

“We cannot discuss or disclose the findings of the investigation while disciplinary decisions are pending before commanders,” added the statement.

Gen. Mark Milley, the commander of the Army Forces Command, “will determine appropriate action — which ranges from no further action to convening a court martial,” according to the Army.

On Friday, Rear Adm. John Kirby, told reporters that Defense Secretary Chuck Hagel would be briefed on the final results of the Army’s investigation into Bergdahl.

Bergdahl was captured by the Taliban after he allegedly left his post in Afghanistan in 2009. Soldiers who served with Sgt. Bergdahl have accused him of desertion.

He was released in a controversial exchange for five senior Taliban commanders held at the Guantanamo Bay military prison. The exchange was approved by President Obama.

Obama violated the law by not notifying lawmakers 30 days prior to transferring the five Taliban commanders out of Guantanamo, according to the Government Accountability Office, the investigative arm of Congress.

Some critics and lawmakers argue the exchange violated the U.S. policy not to negotiate with terrorists.

The Associated Press notes that the final disposition in the Bergdahl investigation “will also determine whether Bergdahl gets as much as $300,000 in back pay and other benefits.”

A legal expert told The Washington Times that “the Army would have to give Sgt. Bowe Bergdahl an honorable discharge because he is past his active duty commitment, unless it proceeded with a court martial.”