I don't think anyone's disputing our efforts to get Bergdahl back no matter what the circumstances of his departure.
However, if Charles Robert Jenkins can be tried 40 years after he deserted to North Korea during that way; so can Bergdahl. In 2004, Jenkins pled guilty to charges of desertion and aiding the enemy, but denied making disloyal or seditious statements – the latter charges were dropped. He was sentenced to 30 days' confinement, received a dishonorable discharge, forfeiture of all pay and benefits and was reduced in rank to E-1 private (the lowest rank in the US Army). He was released six days early, on November 27, 2004, for good behavior.
Although dishonorably discharged from military service (meaning that Jenkins is ineligible to display U.S. military awards, request replacements from the Army, or purchase them on his own), Jenkins' years of status as a deserter technically qualified him for several automatic military decorations which he displayed at the time of his court martial.During his years as a deserter, Jenkins was "carried on the rolls" of the U.S. Army in a desertion status meaning that he was not discharged but classified as an active duty soldier under "Time Lost" due to his AWOL status. When Jenkins surrendered himself as a deserter, the U.S. Army placed him back on the active duty rolls as a "deserter returned to military control". He was credited with 14,494 days time lost as a deserter and, by default, became eligible for all automatic service medals which had been created during his long period of absence. This included all automatic awards created for soldiers serving in Korea as well as active duty awards for service after the September 11 attacks in 2001. At his court martial in November 2004, Jenkins appeared wearing the following awards on his Army uniform: the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal and the Army Service Ribbon. (Thanks Wikipedia!)
It'll be interesting to see what deal they cut Bergdahl if he is found guilty of desertion. I suspect it will be something similar.
What I am most interested in is when he's going to run his first marathon!