Visger also recommended Bergdahl not face a punitive discharge for his alleged actions, Fidell said. A memo from Bergdahl's defense team to Visger regarding the report — released late Friday by Fidell to media members — said the officer's recommendations didn't go far enough and requested nonjudicial punishment, better known as an Article 15, instead of a special court-martial.

Lt. Col. Mark Visger, center in this Sept. 17 courtroom sketch, has recommended Sgt. Bowe Bergdahl serve no jail time for his actions in 2009 in Afghanistan, according to Bergdahl's lawyer.

Photo Credit: Brigitte Woosley/AP

Visger isn't the first officer connected with the case to recommend against jail time; Maj. Gen. Kenneth Dahl, who was charged with investigating Bergdahl's 2009 capture by the Taliban, testified last month that the now-29-year-old soldier should not be imprisoned for his actions.

On the record

The memo to Visger also requests that his report be made public — a familiar request from Fidell regarding evidence related to the case.

Defense lead counsel Eugene Fidell speaks to members of the media on Sept. 18 after a preliminary hearing to determine if Army Sgt. Bowe Bergdahl will be court-martialed at Fort Sam Houston, Texas.

Photo Credit: Darren Abate/AP

"We could object to it, but we're not objecting to it, we want it public. And the chips will fall where they may. ... Let people make up their own minds instead of having this all behind a curtain."

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