The investigation into Sgt. Bowe Bergdahl’s capture is ongoing. Bergdahl has retained a lawyer who will be with him during questioning by U.S. Army investigators. In the meantime, the former POW will return to regular duty at an Army base in Texas.
The Army says Sgt. Bergdahl, of Hailey, Idaho, has completed the final phase of his medical recovery. He’s being moved to what's expected to be largely administrative work at Fort Sam Houston.
Legal expert Geoffrey Corn, a retired Army officer who now teaches at South Texas College of Law, said Bergdahl is now in a holding pattern and cannot be discharged as long as he's the subject of an investigation into misconduct.
“Once he is discharged from the military, they can't bring him back involuntarily -- to, for example, if they wanted to court martial him. They would lose jurisdiction over him," Corn explained. "So, they've got to keep him retained in the military until they make that decision.”
The Army investigation into how Bergdahl fell into Taliban hands in 2009 is being led by Maj. Gen. Kenneth Dahl of Joint Base Lewis-McChord near Tacoma.