The officer in charge of Sgt. Bowe Bergdahl's Article 32 preliminary hearing has recommended that the soldier accused of desertion avoid jail time for his actions, according to Bergdahl's civil defense attorney.Lt. Col. Mark Visger's report to Gen. Robert Abrams, the head of Army Forces Command who is in charge of the case, also will advise that the matter be decided at a special court-martial, lawyer Eugene Fidell told Army Times on Saturday, confirming reports in other media outlets. Soldiers facing special courts-martial can receive no more than a year in jail and no worse than a bad-conduct discharge; punishments regarding hard labor and pay forfeiture have similar restrictions.
Visger also recommended Bergdahl not face a punitive discharge for his alleged actions, Fidell said. A memo from Bergdahl's defense team to Visger regarding the report -- released late Friday by Fidell to media members -- said the officer's recommendations didn't go far enough and requested nonjudicial punishment, better known as an Article 15, instead of a special court-martial.
The Article 32 wrapped up Sept. 18. Berghdal faces one desertion charge and one charge of misbehavior before the enemy, which could carry a life sentence.
Visger isn't the first officer connected with the case to recommend against jail time; Maj. Gen. Kenneth Dahl, who was charged with investigating Bergdahl's 2009 capture by the Taliban, testified last month that the now-29-year-old soldier should not be imprisoned for his actions.
The memo to Visger also requests that his report be made public -- a familiar request from Fidell regarding evidence related to the case.
"They should be releasing Colonel Visger's report, they should be releasing General Dahl's report, they should be releasing Sergeant Bergdahl's 371-page transcript of his interrogation by General Dahl, I mean, all of this stuff should be released," Fidell said.
"We could object to it, but we're not objecting to it, we want it public. And the chips will fall where they may. ... Let people make up their own minds instead of having this all behind a curtain."