Bowe Bergdahl on what he saw in Afghanistan(deep truths from a young soldier)

[jmowreader]

33. The military doesn't actually have a Treason article in its lawbook

About as good as it gets are Article 106 (Spies) and 106a (Espionage). A soldier can only commit the crimes that are listed in the Uniform Code of Military Justice, and if they can't prove he provided secrets to the enemy (which will be hard to prove - a private first class who is in the infantry doesn't have access to any) those two are right out.

My barracks-lawyer reading on this: He tried to escape twice. If he claims he was attempting to return to friendly lines, and he almost certainly will, that's a factor in mitigation. The general rule is, if you're gone more than 30 days you're a deserter, 30 or less you're just AWOL. Second factor in mitigation: it's kinda hard to get back to the company if you've been taken prisoner. Yes he was gone over 30 days, but that's what happens when you're hanging by your fucking ankles in some asshole's cave in Pakistan. My bet: AWOL, 7 days in the stockade suspended, honorable discharge so he can use the VA.