Bergdahl would have to write a statement in support of his waiver to enlist. The previous defense of reporting misconduct in the Unit has gone south.
Via Military Times
Bowe Bergdahl’s defense lawyer has raised questions with the Army on why the 28-year-old sergeant was allowed to enlist despite having been separated from the Coast Guard after only 26 days.
Eugene Fidell, Bergdahl’s lead lawyer, also noted Bergdahl’s cooperation with the FBI since his release in efforts to “identify, capture and bring to justice” his captors as part of the argument to permit Bergdahl to leave the Army with an honorable discharge and veterans benefits.
The defense cited the Army’s award last August of Bergdahl’s second Good Conduct medal. The award covered the period from June 12, 2011, to June 11, 2014, shortly after Bergdahl was released, and cited him for “exemplary behavior, efficiency and fidelity in active federal military service.”
The statements were made in a lengthy March 2 letter by Fidell. Three military lawyers from the Judge Advocate General corps have also been assigned to Bergdahl’s defense.[…]
The next step in the case for Bergdahl is an Article 32 preliminary hearing under the Uniform Code of Military Justice to decide whether there is sufficient evidence to proceed with a court-martial, but it was unclear when the Article 32 hearing might begin.
Last week, Fidell told Military.com that he expected the hearing to begin on April 22 at Joint Base San Antonio-Fort Sam Houston, where Bergdahl has been assigned to administrative duties. However, Fidell later said that he would be out of the country on April 22 on other commitments.
The Pentagon said last week that no date has been set for when the Article 32 hearing would begin.
In his letter to Milley, Fidell noted that a fact-finding investigation by Maj. Gen. Kenneth Dahl concluded that Bergdahl’s enlistment did not violate any service regulations.
However, Fidell said that “given the circumstances surrounding Sgt. Bergdahl’s entry-level separation from the U.S. Coast Guard, the Army’s subsequent decision to enlist him with a waiver was improvident.”
Bergdahl was discharged from the Coast Guard in 2006 after only 26 days in basic training, reportedly because of his psychological state. In his letter, Fidell described Bergdahl as “naïve and at times unrealistic.”[…]
Among the factors that Fidell argued “should play no role” and have no influence in the case were President Obama’s decision to exchange Bergdahl for the five Taliban prisoners, and whether Obama should have announced his release in a Rose Garden ceremony with Bergdahl’s parents.
The factors include whether “President Obama should have insisted on different terms for the prisoner exchange that led to Sgt. Bergdahl’s liberation,” Fidell wrote.
Last August, the non-partisan Government Accountability Office said that the prisoner exchange violated a statutory requirement to give Congress 30 days of notice.
HT: TAH