The military officer presiding over the trial of Sgt. Bowe Bergdahl recommended that he not be sent to prison, according to Bergdahl’s attorney.
Bergdahl was captured in 2009 by the Taliban in Afghanistan after leaving his post. He was released in May of 2014 in a controversial swap for five Taliban members who were being held at Guantanamo Bay. The Army has accused Bergdahl of deserting and misbehavior before the enemy, which could land him in jail for up to a life sentence.
According to news reports, Lt. Col. Mark Visger, who presided over Bergdahl’s hearing in Texas last month, sent a memo to Army Forces Command recommending that Bergdahl’s case be decided in a special court-martial.
If Bergdahl were to face a special court-martial, he would be eligible to get no more than a year of jail time, a reduction in rank and a bad-conduct charge.
Lawyer Eugene Fidell confirmed the reports in an interview with the Army Times, and added that Visger is looking to avoid a nonpunitive discharge for Bergdahl.
Visger’s recommendation does not go far enough, according to a memorandum released by Fidell to the media Friday. It urged the military to settle for “non-judicial punishment,” which would spare Bergdahl a prison sentence.
The military has not confirmed the existence of the proposal, and a statement released by a spokesman for the Army’s Force Command did not confirm Visger’s recommendation.
“As legal action is ongoing, we continue to maintain careful respect for the military-judicial process, the rights of the accused, and ensuring the case’s fairness and impartiality,” said deputy chief of public affairs Paul Boyce.
