The U.S. military has referred the investigation of Sgt. Bowe Bergdahl’s 2009 disappearance from a base in Afghanistan to a General Courts Martial Convening Authority, to determine if he should be court martialed.
In a written statement Monday, the Army said the head of its Forces Command, General Mark Milley, will decide either to prosecute the case or take no further action.
The U.S. secured Bergdahl’s release last May in a prisoner exchange with the Taliban. Bergdahl was held captive in Afghanistan for five years.
Some who served with him said he first deserted the Army and then was taken captive by the Taliban.
Analysts say Bergdahl could face charges of desertion or being absent without leave.
If the case is not prosecuted, Bergdahl could be entitled to as much as $300,000 in back pay.
The Army said it does not comment on ongoing investigations.