Private Bowe Bergdahl, Where Are You??
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About this ebook
The trial for (Now) Sargent Bergdahl is not on the schedule as yet. It may never be "scheduled" Herein are a collection of facts from different writers and publications as well as a few covert ops individuals that tell their story. The reader is left to making the decision of guilt or not.
W. Addison Gast
Retired USN flight engineer with 43 years service. Started writing while in the USN Public Information Office -articles for major media releases and Stars & Stripes and Station paper ( North Islander)Worked as corporate exec up to 2001 then sold corporation and started writing. Action adventure fiction with two series in print as of this date. When not traveling and giving motivational lectures to recovering cancer survivors ( which Addison is ,) he lives with wife in Texas and Mexico. Most avid hobby for available free time is flying space available with the military.
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Private Bowe Bergdahl, Where Are You?? - W. Addison Gast
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This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this ebook with another person, please purchase an additional copy for each person you share it with. If you are reading this ebook and did not purchase it, or it was not purchased for your use only, then you should return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author
Published by Addison Gast at Smashwords
Copyright © 2014 by Addison Gast
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ONE
The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law, enacted by Congress. Articles 77 through 134 of the UCMJ are known as the punitive articles,
-- that is, specific offenses which, if violated, can result in punishment by court-martial.
a) Any member of the armed forces who—
(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States Note: This provision has been held not to state a separate offense by the United States Court of Military Appeals in United States v. Huff, 7 U.S.C.M.A. 247, 22 C.M.R. 37 (1956), is guilty of desertion
(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct."
Guide Note: The offense of Desertion, under Article 85, carries a much greater punishment, than the offense of AWOL, under Article 86. Many people believe that if one is absent without authority for greater than 30 days, the offense changes from AWOL to Desertion, but that's not quite true.
The primary difference between the two offenses is intent to remain away permanently.
If one intends to return to "military control, one is guilty of
AWOL," under Article 86, not Desertion, under Article 85, even if they were away for ten years. The confusion derives from the fact that, if