Its clear from the accounts that he did desert so there was no choice. No the issue will be what will the administration allows the courts martial to convict him of as this is now a political decision!
“Bill, the Army has come to its conclusion and Bowe Bergdahl,” Shaffer said, “Sgt. Bergdahl will be charged with desertion. I have been told and confirmed by two other sources that his attorney was given what we call a charge sheet. A charge sheet is results of the investigation listing out the articles of the Uniform Code of Military Justice that have been violated. The key violation is desertion. And this is has been done. The decision has been made. Let me be very clear. As a corporate entity, the Army has decided that they want to pursue Bergdahl for this violation.”
via Report: Bergdahl to Be Charged with Desertion – Breitbart.
Centinel2012 