Makes barry's deal to free him look even worse. I say put him up against the wall.. Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct. Bowe Bergdahl Charged With Desertion - The Daily Beast The Daily Beast’s Nancy Youssef reports that U.S. Army Sgt. Bowe Bergdahl has been charged with desertion and misbehavior before the enemy, according to his attorney who said he was informed at 1 p.m. The Army will announce its charged against Bergdahl at 3:30 p.m. Bergdahl went missing from his base in Afghanistan in 2009 and was soon captured by the Taliban, remaining prisoner until 2014 when the Obama administration traded him for five Taliban commanders held at Guantanamo Bay. A soldier who served with Bergdahl accused him of deserting, adding that fellow soldiers died looking for him.