re: Army Times - Bergdahl's attorney also fought for Army captain in espionage case

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Almost got busted from SSGT to Sgt but they just took my pay.

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A worthy compromise.

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The 15-6 is usually used for more general inquiries- like what happened, the investigating officer may be looking for the specific facts, systematic issues, so in this case if a 15-6 officer is appointed he may be answering questions concerning how this can be stopped in the future, was there a failure in command.

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Rgr. Good info.

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The Article 32 investigating officer is looking at whether an individual should be brought up on charges- Should Berghdahl face Court Martial or something else.

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Got. I'm pretty familiar with these because by the time a situation hits the news the proceedings are usually at this phase. I guess I've just always heard Article 15 used loosely just as a reference to NJP (which we call Mast).

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EthanL

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I know that all sounded profound to you in your head, but the reality is he made a commitment to his Nation and to others who placed their trust in him. Others who would have gladly risked their lives to save him if called upon. And he violated that trust and abandoned his post. In the face of the enemy. In doing so he selfishly put the lives of others at risk.

You can create this mythical, heroic, romantic narrative in your mind that is totally disconnected with what actually occured. The reality is he is just another selfish person who failed to keep his word. An apt reflection of our society.

Think about that.

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What does this mean, if you don't mind me asking?

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Coastie (may I call you Coastie?), the essential elements of it have been answered by Ole War and Navytiger74. If a commander believes there is a reasonable possibility that a crime has been committed or misconduct has occurred, he/she can appoint an AR 15-6 investigating officer to review the facts and make a recommendation on how to proceed (reprimand, admonishment, non-judicial punishment or a courts martial). This investigation can be informal or informal. Just another tool for use by commander (our entire judicial system is rooted in the role of the commander). This is what Major General Dahl is doing right now in regards to Sergeant Bergdahl.

Keep in mind, a commander is a position, not a rank. There can be two officers of equal rank (e.g. colonels) but based upon duty position, only one of them (the commander) has authority to administer non-judicial punishment and conduct investigations.

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Coastie

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It is referring to Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers). In Army slang it is referred to as a "fifteen dash six" investigation.

Politard 1 - Did you hear about Jbird?
Politard 2 - Yeah brother, the old man is ticked. Looks like he is going to give him a fifteen dash six for that post he made.

It means you are being looked at by a commander in your chain of command for some form of crime or misconduct. In general, not good.

An Article 15 comes from the Uniform Code of Military Justice. It has pretty much been determined that you committed some form of offense. You can either accept punishment from the commander (non-judicial punishment - think misdemeanor - fined, restricted to the barracks and additional work details) or you can request a trial by courts martial (much more serious - more towards a felony offense - if convicted you can face jail time). From my perspective, if I offer you an Article 15 you better take it. I am not going to offer one unless I feel I can win in a courts martial (lesson learned from my days as a lieutenant).

ETA: This is what GeauxxxTigers23 is referring to when he says NJP (e.g. non-judicial punishment). Also known (I think) in Navy parlance as a Captain's Mast. Bottom line, I don't want you hanging out with the GeauxxxTigers23 kid. He is bad news.

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I also wonder what the delay is about in assigning charges or clearing the guy.

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I want him to have the best possible defense, period. No question about what the outcome is.

As far as potentially referring charges against him, that will not occur until after the AR 15-6 investigation is completed by Major General Dahl and he reports his findings to the courts martial convening authority.

My guess, he will eventually be charged with desertion and summarily tried and convicted. The evidence is very strong. He would then (again - my opinion) be reduced to private, forfeit all pay and allowances but serve no jail time. Merely a guess though.

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interesting

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Good catch.



This guy is good, real good. The best. But on this matter (quite frankly), this is wishful thinking on his part (and he knows it). The evidence of intent and action is (fairly) rock solid (as long as they focus solely on desertion - do not delve into any other areas which you cannot categorically prove - such as treason). Bottom line, I think he is already positioning himself to (eventually) accept a plea deal when Sergeant Bergdahl is charged.

Ace Midnight, any thoughts?

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Awesome chatting with you.

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Good night young lady.

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My question is why the delay?

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An initial AR 15-6 was done in theater. I would assume by either his brigade or division commander. The results of that investigation remain classified. Interesting to say the least. If they provided exculpatory information then I would anticipate that they would have been released to the public by now. The fact they have not leads me to believe they are not flattering to Sergeant Bergdahl.

I would assume that Major General Dahl is being very, very thorough. Interviewing each member of his platoon and company who has direct knowledge of the events that led up to his disappearance and immediately afterward. Lots of traveling and a lot of interviews. I want him to be as thorough as possible. When the findings of the investigation are presented to the appointing officer they will (in all likelihood) provide much of the evidence (or at least the framework) for the case against Sergeant Bergdahl. And then the real fun begins. My guess is that he will plea early in order to avoid a (potential) trip to the Military Disciplinary Barracks at Fort Leavenworth, Kansas. It would not turn out well for him there (just being dead honest).