Army to determine if Bergdahl is owed back pay for his time in captivity

[yallerdawg]

Please, give the Dotard a coronary.

And justice for Bowe Bergdahl!

Source: Army Times, by Meghann Myers


When Sgt. Bowe Bergdahl came home in 2014, he was potentially entitled to hundreds of thousands of dollars in pay that accumulated over five years while he was in Taliban captivity in Afghanistan.

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From the moment he was captured, Bergdahl became eligible for extra pays available to captive troops.

In total, along with his basic and deployment pay, he could be entitled to more than $300,000.

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“Based upon the results of trial, the Army is reviewing Sgt. Bergdahl’s pay and allowances,” Lt. Col. Randy Taylor told Army Times. “His final pay and allowances will be determined in accordance with DoD policy and Army regulation.”

Those policies and regulations require the Army to wait for Gen. Robert Abrams, the commander of Army Forces Command and the convening authority in this case, to approve the sentence that was handed down to Bergdahl, an Army official, who was not authorized to speak on the record, told Army Times.

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Read the rest at: https://www.armytimes.com/news/your-army/2017/11/08/army-to-determine-if-bergdahl-is-owed-back-pay-for-his-time-in-captivity/

[Abouttime]

1. Seems obvious

We owe him the money, he was held captive by the Taliban.

[uponit7771]

2. Yep, he's free cause Red Don's mouth now pay him what is owed him

[Lee-Lee]

3. No. He deserted his post

Had he been captured in the course of performing his duties he would be owed 100% of his back to.

He went AWOL and deserted his post. His capture was a part of his going AWOL.

Had he gone AWOL stateside and been locked in jail for a crime he wouldn’t be owed back pay for his time in jail. This is no different.

[ExciteBike66]

5. Is it automatic, or does it have to be a command decision?

I mean, if a random soldier went AWOL, they *could* be punished with forfeiture of pay. But it's not automatic, right?

[Lee-Lee]

7. Its automatic after 30 days

It didn’t happen automatically in this case because of the nature of the case that he was still missing, so they left it in limbo. And probably because of political considerations. But now that he has admitted he deserted of his own will it should be decided retroactive to that 30 day point.

[ExciteBike66]

17. Paycheck stoppage is automatic.

But not "forfeiture" as a punishment for desertion. From my slight research, it appears "forfeiture" is a legal decision not unlike Bergdahl's dishonorable discharge. Bergdahl might have to forfeit pay, but it is not automatically so. Thus, even though the formal paychecks may be stopped, the back pay would be accumulating.


https://www.law.cornell.edu/uscode/text/10/885
https://www.thebalance.com/awol-and-desertion-3354177

[yallerdawg]

11. By all accounts, he was headed for another base, not intending "AWOL and desertion."

Being captured and held as a US prisoner of war where he performed honorably as a US soldier for almost 5 years, I think that kind of mitigates the conditions of "AWOL and desertion."

The Taliban certainly considered him a US soldier the entire time, whether his country does or not.

[Lee-Lee]

12. Not by all accounts- only his after he came back

His statements before and some of what was found in his writings talked about going off on a grand adventure too.

And even if he was headed for another post, you don’t get to reassign yourself to a new post. If a Soldier at Ft Bragg decides they want to go to Ft Stewart without orders it’s still AWOL and if they got put into jail on the way they wouldn’t be entitled to pay while they were in jail.

[yallerdawg]

13. You skip the part...

about being held as a US prisoner of war by the Taliban for almost 5 years.

The military has a process for members who commit civilian crimes and are held in US jails - and another process for being held as a prisoner of war. The two are by no means considered the same!

[Lee-Lee]

15. But he was taken prisoner after deserting

That’s the difference.

It is one thing if you are captured in the course of your duties. It is another if the capture happens after you’ve deserted and only as a result of your deserting.

[ExciteBike66]

4. Makes sense.

If any other random soldier is drummed out of the military, he still gets paid up until the day he is discharged, right?

[Lee-Lee]

8. Not if your AWOL

[sarisataka]

6. Two pieces of info are needed

What was determined to be the date he deserted and did the Court Martial specify any forfeitures?

[Takket]

9. of course not

He committed a crime and was convicted of it.

imagine it will take the Army only a few minutes to rule on this.

[LexVegas]

10. Nope. He is a deserter. nt

[yallerdawg]

14. If you're being held as a US prisoner of war...

I find it hard to be considered a deserter.

[Lee-Lee]

16. Your not a POW if your capture comes after deserting the military

You can’t have it both ways where you desert because you don’t want do your job and then want all the benefits and pay that come from that job you deserted from.

POW status comes with lots of benefits to those that survive it. The guy who tried to run away from the job and ended up a captive as a result is not entitled to the benefits of the job he abandoned.

[yallerdawg]

18. Bowe Bergdahl wasn't a POW.

He was just on "a grand adventure."

We'll see.