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Sunday, November 5, 2017

No Justice For Staff Sgt. Mark Allen?

In the search for Army deserter Bowe Bergdahl, who walked away without a weapon from the field of battle, Staff Sgt. Mark Allen suffered a grievous head wound and was left unable to speak and is paralyzed over much of his body.

Read more HERE.

Those wounded in searching for deserter Bowe Bergdahl got this lame apology from said deserter as the defense opened their case in court.

Staff Sgt. Mark Allen before he was wounded


Staff Sgt. Mark Allen with one of his therapists


The Allen Family

What might some form of justice be for Staff Sgt. Mark Allen?  My opinion below the fold.

For starters, Bergdahl should, for the rest of his life, serve as Staff Sgt. Mark Allen's daily personal-care assistant or pay 75% of Bergdahl's income for that assistant.

Mr. AOW and I know what it is like for someone disabled to need round-the-clock care.  Too often, what one receives is a two-hour, daily visit from a personal care assistant.

Furthermore, should the Allen Family decide that they don't want to lay their eyes on the deserter nor do they want the deserter to darken the door of their home, Bergdahl should have to surrender at least 75% of his income — and at least 75% of any other assets and gifts he has received or will receive in the future.

Then, if Bergdahl starts raking in the money for interviews and a book deal, he should have to hand over to the Allen family at least 75% of that income.

Remember that Bowe Bergdahl volunteered to serve in the United States Army and was not a draftee.

Harsh and appropriate justice needed — not the sentence which Army deserter Bowe Bergdahl received: Sergeant Bowe Bergdahl desertion sentence: Dishonorable discharge, no prison time.

32 comments:

  1. Agreed, and very well stated.

    In the military, discipline is important because no man is an island. The action of one can imperil all.

    Of course, all of humanity works like that, but I think that's a perspective we have lost.

    "If I am not for myself, who will be for me? But if I am only for myself, who am I?" -- Hillel

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    Replies
    1. SF,
      Thank you.

      Granted, my parameters of justice in the Bergdahl are colored by a wife's intimate knowledge of what it's like to take care of a husband who is seriously disabled.

      I thank God every day that Mr. AOW has his mental faculties AND most important can talk. I'd be lonely beyond description if Mr. AOW could talk -- and I know that must also be of Shannon Allen.

      Shannon Allen has it much worse than I do. Think Hoyer Lift.

      Delete
  2. Vengeance belongs only to God.

    Bergdahl is a mental defective. We don't execute the insane. As it is, Bergdah;'s life isn't worth a plug nickel.

    I favor a governmental policy of freely providing a GENEROUS income and a good house in the town of their choice for the victims of bombings and enemy fire and their wives and children for LIFE –– TAX FREE.

    What possible GOOD could it do the ALLENS to give Bergdahl harsher punishment?

    When comes to CRIMES and acts of Negligence and Stupidity, etc. giving material AID and COMFORT to the VICTIMS should be given priority over PUNISHING perpetrators.

    I see this as by far the more CONSTRUCTIVE and ENLIGHTENED view.

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    Replies
    1. FT,
      Bergdahl is a mental defective.

      Probably.

      But from what I know of the case, he still had to ability to know that his deserting his post was wrong. I think that he admitted that he knew he was in the wrong.

      And the US Army should never have allowed him to enlist in the first place. He had documented problems in the Coast Guard -- a dishonorable discharge, maybe.

      Delete
    2. @ AOW, I can't see any case where any branch of service would accept him if he had committed an offense punishable by Courts Martial or if his discharge had been dishonorable or general.

      Delete
    3. I must agree with FreeThinke. Bergdahl must live with himself, and, as FreeThinke notes harsher punishment by the government will accomplish nothing for Allen OR his family.

      His life will be at best mere survival as no one is likely to hire him. Certainly not for a position of trust or one with much responsibility.

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    4. I wonder this...Will Bergdahl be eligible for Medicaid, Social Security Disability (mental disability), or any other form of "government benefit"?

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    5. RN,
      will accomplish nothing for Allen OR his family

      Obviously, I disagree.

      I know exactly what it's like to have a disabled husband (big stroke in 2009: hospital bed and bedside potty chair in the living room). Not whining, just sayin'.

      Delete
    6. Warren,
      Sergeant Bowe Bergdahl was discharged early from the Coast Guard, after only 26 days in boot camp, two years before he tried to enlist in the Army.

      [source]

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    7. ... Though justice be thy plea, consider this —
      That in the course of justice, none of us
      Should see salvation: we do pray for mercy;
      And that same prayer, doth teach us all to render
      The deeds of mercy. I have spoke thus much,
      To mitigate the justice of thy plea.


      ~ Shakespeare - Portia - The Merchant of Venice

      I have always seen a clear implication in that famous speech that JUSTICE UNTEMPERED by MERCY is NOT JUSTICE, but merely VENGEANCE.

      Delete
    8. FT,
      I love The Merchant of Venice.

      I still think that Bergdahl should do works of mercy for the Allens. After all, Staff Sergeant Allen and his wife and child have had much more than "a pound of flesh" exacted from him.

      Delete
    9. Hammurabi's concept of "An eye for an eye, a tooth for a tooth," is long-outmoded, obsolete and frankly barbaric.

      Hammurabi, a Babylonian or Assyrian potentate, was born nearly two-thousand years before Jesus Christ!

      I cannot believe that deliberately inflicting more-or-less EQUAL PAIN and SUFFERING on a sad case like Bowe Bergdahl by any official tribunal could possibly alleviate the suffering of Allen and his family one iota.

      SIS As I said befofre, the BEST thing Power could do in cases like this would be to ENDOW the Allens with ample funds provided TAX-FREE, a pleasant, well-appointed house in a town of their choice, adequate DOMESTIC ASSISTANCE on a DAILY BASIS for Mrs. Allen, and guaranteed FREE MEDICAL CARE for LIFE for the entire Allen family.

      THAT would HELP!


      I doubt very much that Bowe Bergdahl was, as CI averred, motivated by MALICE or any sort of SADISTIC impulse intended to harm anyone in particular just so he could experience a Cheap Thrill out of sheer cussedness, or anything of the sort.

      Bergdahl has probably never been "quite all there." His act was that of a frankly stupid, childishly selfish, thoughtless, feckless young man who was not "wrapped too tight." Emotionally, he was –– and probably still is –– a CHILD.

      Perhaps we should blame the MILITARY for so lowering their standards in order to fill quotas that they gave a feeble individual a position of trust and responsibity he simply could NOT handle?

      Beware of him in whom the instinct to punish is strong."

      ~ Friederich Nitzsche (1844–1900)

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    10. I don't dislike your idea that Bergdahl should be made to do whatever he can to aid the Allens, BUT I doubt very much from the evidence presented that he is CAPABLE of doing much of anything constructive. The man is a DIMWIT. It's likely he will NEVER be able to earn enough money to sustain ANYONE adequately –– even himself.

      And let's be honest. Would YOU want HIM around YOUR house serving you in ANY capacity?

      I, sure as hell, would not.

      You can't get blood out of a turnip –– to coin a phrase. ;-)

      Delete
    11. FT,
      Would YOU want HIM around YOUR house serving you in ANY capacity?

      Hell, no!

      I'm now going to be a bit graphic....

      But I would like him to see and smell FIRSTHAND what the Allens are going through. We the caregivers and those as seriously injured as the staff sergeant keep up a good front.

      Example: this morning, Mr. AOW and "an incident," after which I needed to clean up -- after I had secured kitten Minxy so as to now get into the mess herself.

      PS: Often the caregiver dies first -- 75% of cases, I think.

      Delete
  3. Nothing will bring justice to SFC Allen. That ship sailed when Bergdahl willfully and maliciously walked off the FOB. Increased benefits can soften the blow, and should be extended....but I won't engage in fantasies of indentured servitude......it serves no purpose.

    What could help any future SFC Allen's however, is to pull our services out of lost causes. We lost another Brother just last week in Afghanistan - Chief Warrant Officer Jacob M. Sims. And for what?

    Bergdahl enlisted when recruitment standards were abysmally low, due to two unnecessary campaigns. It's past time that we reign fire on terrorists, but keep our ground forces postured to defend THIS nation.

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    1. CI,
      Bergdahl enlisted when recruitment standards were abysmally low

      Thank you for that information.

      Please take a moment to look at my comment of 3:58 PM.

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    2. After 14 years of training 'afghan forces', they are less willing and able today it would seem, or certainly no more willing and able.
      Nothing to gain here.

      Delete
    3. A serious question, CI.
      Is there anyway a case for criminal negligence can be brought by Sergeant Allen? In a civil case Allen might be awarded any royalties from possible book or film rights.

      Delete
    4. Civil suits are separate from criminal matters but there is the question of jurisdiction.

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    5. Ducky - I don't know. A lot of the legal recourses are far out of my lane....and I'd only be speculating.

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    6. Assuming that the family of a deceased soldier alleges wrongful death, then they must meet the following gates of the offense: (1) That (then) PFC Bergdahl owed a duty of care to the deceased person; (2) That (then) PFC Bergdahl breached a duty of care to the deceased; (3) That (then) PFC Bergdahl’s action directly caused the deceased person’s death. Note: we could argue that the President of the United States does, in fact, have a duty to care for those serving in uniform, since he is in fact the commander-in-chief of the Armed Forces. It would be quite difficult to argue that Bergdahl’s duty rises to the same level. There is also the “burden of proof,” which must be shown by a preponderance of the evidence. In proving their point, the family of a deceased soldier must prove a direct correlation between Bergdahl’s behavior and the death of their service member.

      Now assume that the Allen family sues Bergdahl, contending that Bergdahl’s wrongful absence from duty caused Mr. Allen’s injuries. The elements of this case are similar to wrongful death suits: Duty, Breach, Causation, Damages. In my view, it would be illogical to make the claim that Bergdahl had a duty to care for Allen. If there was no duty, then there can be no breach of that duty. But did Bergdahl, by his behavior, cause the injury of Allen? Could a mentally defective person reasonably foresee the consequences of his actions vis-à-vis the injury or death of those sent to look for him? IMO, this would be an uphill battle and a waste of time and money that I presume the Allen family could not afford.

      But, I’ve been wrong before ...

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    7. "reign fire" is the only way at this point...should have happened years ago.

      Delete
  4. "Bergdahl must live with himself"

    Does this mean that he is capable of feeling shame? I heard that his attorney thinks that [he] should get some sort of POW medal. I think that the Government should watch this guy, closely. We may, very well, have a dangerous, nut case, at-large.

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  5. Yes, sure,but I doubt a confused, dimwit like Bergdahl would realize that. I doubt he is capable of thinking beyond the impulse of he moment. Maybe not retarded –– but CLOSE.

    And then we should remember his parents as they appeared with Ogodno in Rose Garden –– the FATHER may be even weirder than the son. The kid robably never had a chance.

    I can't imagine what the future could possibly hold for him. It's as though his entire existence has been One Big MISTAKE.

    It's her for me to et angry at something so profoundly pathetic.

    I frankly think the MILITARY should be held responsible for letting him join in the first place. It was painfully obvious from his prior erfomance in the Coast Guard that he was not fit to serve.

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  6. Just look what some other misfit with a bad service record did. I still say that the Government should keep an eye on this jerk.

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  7. FT,
    Maybe not retarded –– but CLOSE.

    I'm not sure that I agree.

    What I do believe is that Bowe Bergdahl had a poor upbringing. The Bergdahl parents are weird, IMO.

    From Wikipedia:

    Bergdahl was born in 1986, in Sun Valley, Idaho, to Robert Bergdahl, a commercial truck driver, and his wife Jani Larson Bergdahl. He is of Norwegian and Swedish ancestry.[2][11][12][13][14] He has an older sister, Sky Albrecht.[2][15][16] Both Bergdahl and his sister were home schooled by their mother in Hailey, Idaho. The family attended Sovereign Redeemer Presbyterian Church, an Orthodox Presbyterian Church.

    Bergdahl received a GED certificate through the College of Southern Idaho.[17] As an adult, Bergdahl studied and practiced fencing and martial arts before changing to ballet classes at the Sun Valley Ballet School in Ketchum, Idaho.[13][18] He has never owned a car, and rode his bicycle everywhere.[19] He spent time in a Buddhist monastery between 2007 and 2008.[20]


    I had an Orthodox Presbyterian Church upbringing -- 5th through 12 grades and church as well. Take it from me: OPC is not known for low IQ.

    I note that Bowe Bergdahl has a sister named Sky.

    From this source, I see that she is married to a military officer and that Bowe Bergdahl's grandfather, Dr. Craig L. Larson, was a renowned doctor of veterinary medicine.

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  8. More about Bowe Bergdahl's family:

    Freed POW's dad was a champion cyclist who became disillusioned with America after boycott of the 1980 Moscow Olympics over war in Afghanistan destroyed his Gold Medal dreams

    The father of embattled POW Bowe Bergdahl was an All-American athlete who made the US cycling team bound for the Olympics

    Following the Soviet invasion of Afghanistan, President Jimmy Carter pulled America out of the games, leaving Bob's hopes of making it as a professional athlete in tatters

    'He wasn't at all happy with the Government,' says a close friend

    [...]

    'The truth will come out. There is a deeper story there,' says Bowe's brother-in-law


    More at the above link.

    ReplyDelete
    Replies
    1. FT,
      I frankly think the MILITARY should be held responsible for letting him join in the first place. It was painfully obvious from his prior erfomance in the Coast Guard that he was not fit to serve.

      Indeed!

      Apparently the Army did not do do-diligence. A low bar at the time for admitting volunteers -- as CI mentioned above.

      Delete
  9. Jon,
    I still say that the Government should keep an eye on this jerk.

    I say the same! Bowe Bergdahl is "not right." I suspect we'll see him in the headlines again -- and not in a good way. I can't prove this in advance, of course.

    ReplyDelete

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