The desertion case against Army Sgt. Bowe Bergdahl will go to a full court-martial, his attorney said Monday.
Bergdahl walked away from his remote outpost in Afghanistan in 2009 and was captured by the Taliban.
He was held for nearly five years before being released in a controversial swap for five detainees from Guantanamo Bay.
The investigating officer had recommended that Bergdahl's case be moved to a lower-level military court, saying jail was inappropriate punishment. But attorney Eugene Fidell said the military didn't follow that advice.
Bergdahl faces life in prison on charges of desertion and misbehavior before the enemy.
As he waits for a date to be set for the court-martial, Bergdahl remains at his desk job in Texas.
The Hailey, Idaho, native is the subject of the latest episodes of the popular Serial podcast.