Bowe Bergdahl is being recommended for a lower level court martial in lieu of jail time by an army officer, according to the Army Times. Lt. Col. Mark Visger feels Bergdahl's case would be better suited for the military system to handle, rather than the civilian courts.

Maximum punishment limits under the military courts would include reduction of rank, according to The New York Post, as well as a bad conduct discharge and short jail time, although Visger isn't recommending that either.

Bergdahl faces both desertion and misbehavior before the enemy charges from the military prosecutors. Upon leaving his post June 30, 2009, Taliban militants captured Bergdahl and held him hostage for five years. He was released during an exchange for five Taliban commanders.

Commanding officers felt Bergdahl put other soldiers in danger in Afghanistan, during the 45-day search for him when he allegedly defected.

"As legal action is ongoing, we continue to maintain careful respect for the military judicial process, the rights of the accused, and ensuring the case's fairness and impartiality," Paul Boyce, a spokesman for the U.S. Army's Force Command, said.

Bergdahl's fate lies in the hands of Gen. Robert Abrams, the commanding general of U.S. Army Forces Command. It is ultimately Abrams decision whether Bergdahl faces a court martial or not.

"These are highly discretionary matters and, needless to say, I hope General Abrams does the right thing," defense attorney Eugene Fidell said, according to NBS News, "but it's his call."