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Coffee Shop
bergdahl
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<blockquote data-quote="greybeard" data-source="post: 1236544" data-attributes="member: 18945"><p>"Can" carry a life sentence--it's not mandatory. It can also, depending which of the sub-clauses of Art 99 UCMJ he is found guilty of, carry the death sentence, but that's pretty much off the table since the military hasn't carried out a firing squad execution since the Pvt Slovak thing in WW2. I will be very surprised if it's anything more severe than <em>Dishonorable Discharge, with reduction of rank to E1, and forfeiture of all pay and allowances</em>. </p><p>Full text of Art 99 of UCMJ:</p><p></p><p><strong>10 U.S. Code § 899 - Art. 99. MISBEHAVIOR BEFORE THE ENEMY</strong></p><p><em>Any member of the armed forces who before or in the presence of the enemy—</em></p><p><em>(1) runs away;</em></p><p><em>(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;</em></p><p><em>(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;</em></p><p><em>(4) casts away his arms or ammunition;</em></p><p><em>(5) is guilty of cowardly conduct;</em></p><p><em>(6) quits his place of duty to plunder or pillage;</em></p><p><em>(7) causes false alarms in any command, unit, or place under control of the armed forces;</em></p><p><em>(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or</em></p><p><em>(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;</em></p><p><em>shall be punished by death <u>or such other punishment as a court-martial may direct</u>.</em></p><p> <em></em></p><p>the underlined part is his way out, and I think that has already all been agreed upon before the court martial even begins-it's why it took so long for the charges to be brought, months after the Army said their investigation was complete. </p><p>It's #3 and #9 that will be looked at the hardest. </p><p>He'll basically get a slap on the wrist and go about his merry way. <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite4" alt=":mad:" title="Mad :mad:" loading="lazy" data-shortname=":mad:" /> <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite4" alt=":mad:" title="Mad :mad:" loading="lazy" data-shortname=":mad:" /></p><p></p><p><a href="http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm" target="_blank">http://usmilitary.about.com/od/punitive ... /mcm85.htm</a></p><p><a href="http://usmilitary.about.com/library/milinfo/mcm/bl99.htm" target="_blank">http://usmilitary.about.com/library/mil ... m/bl99.htm</a></p></blockquote><p></p>
[QUOTE="greybeard, post: 1236544, member: 18945"] "Can" carry a life sentence--it's not mandatory. It can also, depending which of the sub-clauses of Art 99 UCMJ he is found guilty of, carry the death sentence, but that's pretty much off the table since the military hasn't carried out a firing squad execution since the Pvt Slovak thing in WW2. I will be very surprised if it's anything more severe than [i]Dishonorable Discharge, with reduction of rank to E1, and forfeiture of all pay and allowances[/i]. Full text of Art 99 of UCMJ: [b]10 U.S. Code § 899 - Art. 99. MISBEHAVIOR BEFORE THE ENEMY[/b] [i]Any member of the armed forces who before or in the presence of the enemy— (1) runs away; (2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; (3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) casts away his arms or ammunition; (5) is guilty of cowardly conduct; (6) quits his place of duty to plunder or pillage; (7) causes false alarms in any command, unit, or place under control of the armed forces; (8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or (9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle; shall be punished by death [u]or such other punishment as a court-martial may direct[/u]. [/i] the underlined part is his way out, and I think that has already all been agreed upon before the court martial even begins-it's why it took so long for the charges to be brought, months after the Army said their investigation was complete. It's #3 and #9 that will be looked at the hardest. He'll basically get a slap on the wrist and go about his merry way. :mad: :mad: [url=http://usmilitary.about.com/od/punitivearticles/a/mcm85.htm]http://usmilitary.about.com/od/punitive ... /mcm85.htm[/url] [url=http://usmilitary.about.com/library/milinfo/mcm/bl99.htm]http://usmilitary.about.com/library/mil ... m/bl99.htm[/url] [/QUOTE]
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