The Sergeant Bowe Bergdahl situation is very simply now that he is back.
If Sergeant Bowe Bergdahl left his unit as his fellow troops state than the military has no choice but to charge him under the terms of desertion listed in the UCMJ Article 85 Desertion (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service as specified in the Army Regulation 27-10 dated 3 October 2011 Chapter 5 Procedures for Courts-Marshal.
If this is not done than it will create a very serious morale and command problems that could have a devastating effect on the performance of the US Military. In the military every soldier must depend on every other soldier to be there and perform his or her duty. If a soldier is allowed to walk away from any situation for any reason than the entire command structure of the military is jeopardized.
The minimum result of this mandatory Courts-Marshal, in my opinion, would be a dishonorable discharge with forfeiture of all pay and reduction in rank to private E-1 and no veterans benefits. However the maximum penalty as proscribed in Article 85 is ….
Article 85 – Desertion. This is the most serious of the absentee offenses. If the member deserts during time of war: Death or such other punishment (such as life in prison) as a court-martial may direct.
The following link will give you a good synopsis of what happened.
Centinel2012 