Story highlights Taliban held Bergdahl captive for five years

Authorities say Bergdahl deserted his unit in 2009

(CNN) The U.S. military officer in charge of last month's hearing for Army Sgt. Bowe Bergdahl has recommended he not do any jail time, Bergdahl's legal team says.

In a memorandum dated Friday, the legal team said it agreed with Lt. Col. Mark Visger's conclusion that their client be referred to a special court-martial and receive neither jail time nor a punitive discharge.

The recommendation, which hasn't been announced publicly by the U.S. military, is a significant development for Bergdahl, who in March was charged with desertion and misbehavior before the enemy.

But Visger's recommendation isn't "the final say," according to CNN legal analyst Danny Cevallos.

"The case still has to go up to command where another decision will be made whether to accept that recommendation," he said.

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