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Re: Taliban prisoner swap was ILLEGAL claims GOP as former federal prosecutor says it
Being a POW is different from the two differences in status Gaius46 described. Thus, your assessment of the situation I certainly agree with assuming PFC Berdhaul was, in fact, designated as MIA/POW and not AWOL or listed as a deserter.
if the servicemember is recognized as a prisoner of war, there will be no holds placed on promotions that arise through TIR/TIS... if he is not officially charged with a crime under the UCMJ, they can't withhold promotion.
if an investigation warrants a court martial.. and they convict him of desertion... don't sweat it.. he'll be demoted retroactively and most of his money will be taken... he'll also serve a lengthy sentence.
if convicted, he's also eligible for he death penalty, but that probably won't happen.
Being a POW is different from the two differences in status Gaius46 described. Thus, your assessment of the situation I certainly agree with assuming PFC Berdhaul was, in fact, designated as MIA/POW and not AWOL or listed as a deserter.