Military: Bergdahl may face life in prison if convicted

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U.S. Army Charges Sgt. Bowe Bergdahl With Desertion

FORT BRAGG, N.C. (AP) -- The Army sergeant who abandoned his post in Afghanistan and was held captive by the Taliban could face up to life in prison if convicted of both the charges he's facing, military officials said Wednesday.

Sgt. Bowe Bergdahl was charged with misbehavior before the enemy, which carries a maximum sentence of up to life in prison. He was also charged with desertion, which carries a maximum of five years.

Bergdahl could also face a dishonorable discharge, reduction in rank and forfeiture of all his pay if convicted.

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Military: Bergdahl may face life in prison if convicted
This undated image provided by the U.S. Army shows Sgt. Bowe Bergdahl. U.S. officials have received a new video of Bergdahl that they believe was taken within the last month, showing that the soldier is alive. The video came to light several days ago, said one senior defense official. Another official said that Bergdahl appeared in poorer health than previous videos, showing the signs of his nearly five years in captivity. Bergdahl, who is from Idaho, was taken prisoner in Afghanistan on June 30, 2009. In a statement released Wednesday, Bergdahl’s family said that they learned today, Jan. 15, 2014, about the video. (AP Photo/U.S. Army)
File - In this file image taken from video obtained from Voice Of Jihad Website, which has been authenticated based on its contents and other AP reporting, Sgt. Bowe Bergdahl, sits in a vehicle guarded by the Taliban in eastern Afghanistan. The U.S. military says it will make an announcement Wednesday on the case against Sgt. Bowe Bergdahl, the soldier who left his post in Afghanistan and was held by the Taliban for five years before being released in a prisoner exchange. (AP Photo/Voice Of Jihad Website via AP video, File)
In this image taken from video obtained from Voice Of Jihad Website, which has been authenticated based on its contents and other AP reporting, Sgt. Bowe Bergdahl, right, stands with a Taliban fighter in eastern Afghanistan. The Taliban on Wednesday, June 4, 2014, released a video showing the handover of Bergdahl to U.S. forces in eastern Afghanistan, touting the swap of the American soldier for five Taliban detainees from Guantanamo as a significant achievement for the insurgents. Bergdahl was freed on Saturday after five years in captivity, and exchanged for the five Guantanamo detainees who were flown to Qatar, a tiny Gulf Arab country which has served as a mediator in the negotiations for the swap. (AP Photo/Voice Of Jihad Website via AP video)
FILE - This undated photo provided by the Bergdahl family and released by the Idaho National Guard shows Pfc. Bowe R. Bergdahl, 23, of Ketchum, Idaho. A Taliban spokesman, Shaheen Suhail, in an exclusive telephone interview with The Associated Press from the newly opened Taliban offices in Doha, Qatar, said Thursday, that they are ready to hand over U.S. soldier Pfc. Bowe R. Bergdahl held captive since 2009 in exchange for five of their senior operatives being held at the Guantanamo Bay prison. The U.S. is scrambling to save talks with the Taliban after angry complaints from Afghanistan President Hamid Karzai. (AP Photo/The Bergdahl Family, File)
In this image taken from video obtained from Voice Of Jihad Website, which has been authenticated based on its contents and other AP reporting, A Taliban fighter speaks to Sgt. Bowe Bergdahl, in eastern Afghanistan. The Taliban on Wednesday, June 4, 2014 released a video showing the handover of Bergdahl to U.S. forces in eastern Afghanistan, touting the swap of the American soldier for five Taliban detainees from Guantanamo as a significant achievement for the insurgents. (AP Photo/Voice Of Jihad Website via AP video)
In this image taken from video obtained from Voice Of Jihad Website, which has been authenticated based on its contents and other AP reporting, Sgt. Bowe Bergdahl sits in a vehicle guarded by the Taliban in eastern Afghanistan. The Taliban have released a video showing the handover of Bergdahl to U.S. forces in eastern Afghanistan. The video, emailed to media on Wednesday, shows Bergdahl in traditional Afghan clothing sitting in a pickup truck parked on a hillside. More than a dozen Taliban fighters with machine guns stand around the truck and on the hillside. (AP Photo/Voice Of Jihad Website via AP video)
In this image taken from video obtained from Voice Of Jihad Website, which has been authenticated based on its contents and other AP reporting, Men in civilian clothing lead Sgt. Bowe Bergdahl, in white, towards a helicopter in eastern Afghanistan. The Taliban on Wednesday, June 4, 2014 released a video showing the handover of Bergdahl to U.S. forces in eastern Afghanistan, touting the swap of the American soldier for five Taliban detainees from Guantanamo as a significant achievement for the insurgents. (AP Photo/Voice Of Jihad Website via AP video)
Jani and Bob Bergdahl speak to the media during a news conference at Gowen Field in Boise, Idaho, on Sunday, June 1, 2014. Their son, Sgt. Bowe Bergdahl is back in American hands, freed for five Guantanamo terrorism detainees. (AP Photo/Otto Kitsinger)
SAN ANTONIO, TX - JUNE 13: (From left) Colonel Bradley Poppen, Ph.D., Major General Joseph P. DiSalvo, and Colonel Ronald N. Wool deliver a press conference at the Fort Sam Houston Golf Course July 13, 2014 in San Antonio, Texas. They are reporting on Sgt. Bowe Bergdahl, his return to the United States, and reintegration at Brooke Army Medical Center after being a prison of war under Taliban captivity. (Photo by Drew Anthony Smith/Getty Images)
In this image from video, people are greeted on arrival at Lackland Air Force Base near San Antonio, early Friday morning June 13, 2014. Bowe Bergdahl, the Army sergeant who has been recovering in Germany after five years as a Taliban captive, returned to the United States on this plane to continue his medical treatment. (AP Photo/Manis Calco)
Jani Bergdahl looks to Bob Bergdahl, as he speaks in the Rose Garden of the White House in Washington, Saturday, May 31, 2014, about the release of their son, U.S. Army Sgt. Bowe Bergdahl, during a news conference with President Barack Obama. Bergdahl, 28, had been held prisoner by the Taliban since June 30, 2009. He was handed over to U.S. special forces by the Taliban in exchange for the release of five Afghan detainees held by the United States. (AP Photo/Carolyn Kaster)
WASHINGTON, DC - MAY 31: President Barack Obama walks with the parents of Sgt. Bowe Bergdahl, Jani Bergdahl (L) and Bob Bergdahl (R) back to the Oval Office after making a statement regarding the release of Sgt. Bergdahl from captivity May 31, 2014 in the Rose Garden at the White House in Washington, DC. Sgt. Bowe Bergdahl was held captive by militants for almost five years during the war in Afghanistan. (Photo by J.H. Owen-Pool/Getty Images)
Bob Bergdahl, the father of freed US soldier Bowe Bergdahl, speaks following the release of his son, US soldier Bowe Bergdahl, in the Rose Garden of the White House on May 31, 2014 in Washington, DC. US President Barack Obama and the Bergdahl's spoke after the release of Bowe Bergdahl by the Taliban in Afghanistan.  MANDEL NGAN/AFP/Getty Images
Supporters of freed prisoner of war US Army soldier Bowe Bergdahl including representatives of the ANSWER Coalition, CODEPINK and March Forward, rally in front of the White House in Washington, DC, June 10, 2014, to welcome Bergdahl home after 5-years of being held by the Taliban in Afghanistan. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/Getty Images)
Brooke Army Medical Center is shown Friday, June 13, 2014, in San Antonio. Bowe Bergdahl, the Army sergeant who has been recovering in Germany after five years as a Taliban captive, returned to the United States early Friday to continue his medical treatment at the facility. (AP Photo/David J. Phillip)
Vehicles drive toward the entrance of Brooke Army Medical Center Friday, June 13, 2014, in San Antonio. Bowe Bergdahl, the Army sergeant who has been recovering in Germany after five years as a Taliban captive, returned to the United States early Friday to continue his medical treatment at the facility. (AP Photo/David J. Phillip)
Col. Bradley Poppen answers a question during a news conference regarding Sgt. Bowe Bergdahl and the Phase III Reintegration process, Friday, June 13, 2014, in San Antonio, Texas. Bergdahl, the Army sergeant who has been recovering in Germany after five years as a Taliban captive, returned to the United States early Friday to continue his medical treatment at Brooke Army Medical Center in San Antonio. (AP Photo/David J. Phillip)
WASHINGTON, DC - JUNE 11: U.S. Defense Secretary Chuck Hagel testifies before the House Armed Services Committee about the about the prisoner exchange that freed Army Sgt. Bowe Bergdahl in the Rayburn House Office Building on Capitol Hill June 11, 2014 in Washington, DC. The trade of Bergdahl for five senior Taliban officials has angered some members of Congress because they were not informed of the swap beforehand. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JUNE 11: U.S. Secretary of Defense Chuck Hagel listens during a hearing before the House Armed Services Committee June 11, 2014 on Capitol Hill in Washington, DC. The committee held the hearing to examine the exchange of five Taliban prisoners from Guantanamo Bay for the release of U.S. Army Sergeant Bowe Bergdahl who had been held for almost five years by the insurgents in Afghanistan. (Photo by Alex Wong/Getty Images)
Col. Ronald Wool answers a question about Sgt. Bowe Bergdahl's food requests, during a news conference Friday, June 13, 2014, in San Antonio. Bergdahl, the Army sergeant who has been recovering in Germany after five years as a Taliban captive, returned to the United States early Friday to continue his medical treatment at Brooke Army Medical Center in San Antonio. Wool is in charge of Bergdahl’s medical care while at the facility. (AP Photo/David J. Phillip)
Gulf War veteran Ron Coumerilh wears a sticker to support captive U.S. Army Sgt. Bowe Bergdahl at the "Bring Bowe Back" celebration in Hailey, Idaho, Saturday, June 22, 2013. Hundreds of activists for missing service members gathered in a small Idaho town Saturday to hear the parents of the only known U.S. prisoner of war speak just days after his Taliban captors announced they want to exchange him for prisoners being held at Guantanamo Bay. (AP Photo/Jae C. Hong)
HAILEY, ID - JUNE 01: A sign announcing the release of Sgt. Bowe Bergdahl sits in the window of the Hailey Paint and Supply store on Main Street June 1, 2014 in Hailey, Idaho. Sgt. Bergdahl was captured in Afghanistan in 2009 while serving with U.S. Armys 501st Parachute Infantry Regiment in Paktika Province. Yesterday he was released after a swap for 5 prisoners being held at Guantanamo Bay was arranged. Bergdahl was considered the only U.S. prisoner of war held in Afghanistan. (Photo by Scott Olson/Getty Images)
This Friday, June 21, 2013 photo shows a yellow ribbon tied to a tree and a banner honoring captive U.S. Army Sgt. Bowe Bergdahl in Hailey, Idaho. The Afghan war, and the taking of Bergdahl, may have long faded from the minds of most Americans. But for this community in the shadow of Idaho's Sawtooth Mountains, Bowe Bergdahl and his family's fight to free him are "omnipresent," said local Wesley Deklotz. "It's a whole community of people that are keeping him in their thoughts." (AP Photo/Jae C. Hong)
A tattered sign supporting U.S. Army Sgt. Bowe Bergdahl, who is currently being held captive by the Taliban in Afghanistan, hangs outside a coffee shop in Hailey, Idaho, Friday, June 21, 2013. The Afghan war, and the taking of this POW, may have long faded from the minds of most Americans. But for this community in the shadow of Idaho's Sawtooth Mountains, Bowe Bergdahl and his family's fight to free him are "omnipresent," said local Wesley Deklotz. "It's a whole community of people that are keeping him in their thoughts." (AP Photo/Jae C. Hong)
The image of Army Sgt. Bowe Bergdahl of Hailey, Idaho, who is being held captive in Afghanistan, is worn by an audience member as he father Bob, not pictured, speaks at the the annual Rolling Thunder rally for POW/MIA awareness, in Washington, Sunday, May 27, 2012. (AP Photo/Charles Dharapak)
A POW-MIA flag flies in front of a pharmacy displaying a sign in support of bringing home U.S. Army Sgt. Bowe Bergdahl, who is currently being held captive by the Taliban in Afghanistan, in Hailey, Idaho, Friday, June 21, 2013. The Afghan war, and the taking of this POW, may have long faded from the minds of most Americans. But for this community in the shadow of Idaho's Sawtooth Mountains, Bowe Bergdahl and his family's fight to free him are "omnipresent," said local Wesley Deklotz. "It's a whole community of people that are keeping him in their thoughts." (AP Photo/Jae C. Hong)
A "Bring Bowe Back" sign honoring captive U.S. Army Sgt. Bowe Bergdahl is seen through a POW-MIA flag in Hailey, Idaho, Saturday, June 22, 2013. The father and mother of the only known U.S. prisoner of war plan to speak on Saturday afternoon to a big crowd in their central Idaho hometown just days after his Taliban captors announced they want to exchange him for prisoners being held at Guantanamo Bay. (AP Photo/Jae C. Hong)
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The case now goes to an Article 32 hearing to be held at Fort Sam Houston, Texas. That proceeding is similar to a grand jury. From there, it could be referred to a court-martial and go to trial.

A date for that hearing was not announced.

The charges are the latest development in a long and bitter debate over Bergdahl's case. They also underscore the military and political ramifications of his decision on June 30, 2009, to leave his post after expressing misgivings about the U.S. military's role, as well as his own, in the Afghanistan war.

After leaving his post, Bergdahl was captured by the Taliban and held by members of the Haqqani network, an insurgent group tied to the Taliban that operates both in Pakistan and Afghanistan.

Last May 31, Bergdahl was handed over to U.S. special forces in Afghanistan as part of an exchange for five Taliban commanders who were imprisoned at Guantanamo Bay, Cuba.

After spending about two weeks recuperating at a U.S. military hospital in Germany, Bergdahl was sent to Brooke Army Medical Center at Fort Sam Houston in Texas on June 13. He has been doing administrative duties at the base, awaiting the conclusion of the case.

The exchange set off a debate over whether the U.S. should have released the five Taliban members. Little is known about what the five have been doing in Qatar, where they are being monitored by the government. Some lawmakers have predicted that the five would return to the battlefield.

Sen. Lindsey Graham has said that he received information that one of the five has been in touch with members of the Haqqani network. On the flip side, Afghanistan's peace council in 2011 requested the release of one of the five, Khairullah Khairkhwa, from Guantanamo because it thought he might be able to help foster reconciliation talks with the Taliban.

Sen. Roger Wicker, R-Miss., a member of the Armed Services Committee, was asked by reporter Wednesday whether the charges raised doubts about the initial trade of Bergdahl for the Taliban members.

"I would think that it would raise doubts in the mind of the average American if those doubts weren't raised already," Wicker said.

Maj. Gen. Kenneth R. Dahl investigated the Bergdahl case and spent months interviewing unit members and commanders, and meeting with Bergdahl and his attorney, Eugene Fidell, a military justice expert who is also a visiting lecturer at Yale Law School. He submitted his report in mid-October, setting in motion a legal review on his report and how the Army can proceed.

The case was referred to Gen. Mark Milley, head of U.S. Army Forces Command at Fort Bragg, and he has been reviewing the massive report for several months. He had a broad range of legal options.

Milley could have decided not to charge Bergdahl at all, recommend administrative action or convene a court-martial on more serious offenses.

Some within the military have suggested that Bergdahl's long capture was punishment enough, but others, including members of his former unit, have called for serious punishment, saying that other service members risked their lives - and several died - searching for him.

A major consideration was whether military officials would be able to prove that Bergdahl had no intention of returning to his unit - a key element in the more serious desertion charges.

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