Demanding a discount

The term “office hours” refers to the imposition of nonjudicial punishment. The Navy term for this process is “Captain’s Mast.” The allegations filed against PFC Mitchell involved disrespect in language and deed directed toward a senior chief petty officer, and failure to obey a lawful order, to wit: “to hand over that damn telephone right this minute,” or words to that effect. Accompanying PFC Mitchell at office hours was the detachment first sergeant, the guard chief, and one character witness by the name of Lance Corporal Birdwell, who almost every one called “Soupy.”
PFC Mitchell reported to the Commanding Officer upon his order. “Sir, Private First Class Mitchell reporting to the commanding officer, as ordered, sir!” he said.
“Stand at ease, Mitchell,” the CO ordered.
“PFC Mitchell, you are charged with . . .” and the commanding officer read the charges and the specifications made against him. He then read him his rights under Article 31, a protection against self-incrimination. Private Mitchell remained at the position of “at ease,” but he kept his eyes straight ahead throughout the reading of charges.
Finally, the CO said, “Do you understand the nature of the charges made against you?”
“Yes, sir,” Mitchell replied.
“Do you understand your right to remain silent, to consult with that attorney prior to answering any questions, and/or to stop answering questions at any time to consult with an attorney?”
“Yes, sir,” said Mitchell.
“Do you wish to avail yourself of the protections of Article 31?” asked the CO.
“No, sir,” said Mitchell, “but 30 days leave would be good, sir.”
“What did you say?” asked the CO.
“I said that a 30 day leave would be good right about now, sir,” said Mitchell.
“PFC Mitchell, you keep your mouth shut except to answer yes or no to the major’s questions, you got that?” the First Sergeant ordered.
“Yes,” replied Mitchell.
“PFC Mitchell, do you desire to answer my questions, or do you wish to remain silent?” asked the CO.
“Yes. No.”
“What?”
“Yes. No.”
The major looked at the First Sergeant, and then at the guard chief, and then back at PFC Mitchell. ”I don’t understand your response, PFC Mitchell. What is yes, no?”
“May I answer, sir?” asked Mitchell.
“Of course.”
“The First Sergeant just gave me an order to answer yes or no. The answer to the major’s question was yes, and no.”
“Yes, you desire to answer my questions?” asked the Major.
“Yes.”
The First Sergeant interrupted again, “Add sir to yes or no, PFC Mitchell.”
“Sir, could you ask the First Sergeant to make up his mind. I’m getting confused.”
The major’s sigh was audible to everyone in the office. After a pause, he said, “You know how to answer appropriately, PFC Mitchell. Let’s stop playing games, shall we?”
“Yes sir.”
“As to the first charge,” the major continued, “that you were disrespectful to a chief petty officer in word and deed, how do you plead?”
“Sir, before I plead may I ask a question?” said Mitchell.
“Yes, you may.”
“Sir, when I am on post, am I acting in your authority at that post?” he asked.
“Yes, you are,” said the major.
“Well then, sir . . . how can I be charged with disrespect to a chief in the Navy if I am acting on your behalf, sir?”
“Let me enter a plea of not guilty for you, Mitchell. We can return to this in a few moments.”
“Aye, aye sir.”
“As to the second charge, that you failed to obey a lawful order, how do you plead?”
“Not guilty, sir,” said Mitchell.
The only witness to testify against PFC Mitchell was the senior chief petty officer who had preferred charges. In essence, the senior chief noted that as he attempted to pass the guard post manned by PFC Mitchell, he was stopped and asked to show Mitchell his security badge. Having done that, he attempted to proceed through the checkpoint. At that point, PFC Mitchell also demanded to see his military ID card, which the senior chief refused to do. PFC Mitchell then prohibited to senior chief to pass his checkpoint. The senior chief then chastised PFC Mitchell and told him that as a senior chief petty officer in the U. S. Navy, he demanded far more respect from PFC Mitchell than he was getting. At this point, said the senior chief, PFC Mitchell pointed his middle index finger at the senior chief, and said, “Here’s your respect, squid,” or words to that effect.
“Is that what happened, Mitchell?” asked the major.
“Yes sir. That’s pretty accurate . . . good job, sailor,” said Mitchell.
“Thank you,” said the chief.
The senior chief then went on to describe how he ordered PFC Mitchell to contact his officer in charge, a Navy captain, and explain how PFC Mitchell refused to allow the senior chief to pass his post and therefore proceed to his appointed place of duty. Further, PFC Mitchell refused to allow the senior chief to use his telephone.
“Is this also true, PFC Mitchell?” asked the major. Mitchell allowed that it was true.
The major thanked the senior chief for his testimony and dismissed him. Sitting back in his chair, the major said, “PFC Mitchell, I will allow that you may have had the right to ask to see the senior chief’s military identification card, in addition to his security badge, were it not for the fact that there is no requirement for anyone to show both. When you flipped the senior chief off, however, is clearly disrespectful. Can you explain to me why, in spite of the fact that you were disrespectful, I should find you not guilty?”
PFC Mitchell replied, “Sir, if I represent the authority of the major, I don’t see how I can be disrespectful to a squid since the major outranks a senior chief.”
“Even though you represent my authority, PFC Mitchell, you are still subject to the Uniform Code of Military Justice. Since an E-8 in the Navy outranks an E-2 in the Marine Corps, your conduct was disrespectful. I find that you did commit this offense, and you are therefore guilty.”
“Yes, sir,” said Mitchell.
The major continued, “In failing to obey the order of the senior chief to use the telephone for the purpose of acting in an official capacity, you were guilty of disobeying a lawful order. Is there any reason why I should not find you guilty of this offense?”
“Yes, sir,” said Mitchell. “Those telephones are for the use of Marine security guard personnel only, sir. I do not feel that I was bound to obey an order from the chief when all Marines have been told not to allow people to use the phones and tie them up.”
“Inasmuch as you had already prohibited the senior chief from entering the security area, and it was a reasonable request for him to use the telephone to call his officer in charge, I believe that it was a lawful order, and that you had an obligation to obey that order. I find you are guilty of this offense.”
“Yes sir.”
“First Sergeant, do you have anything to say about, or on behalf of PFC Mitchell?”
“Yes sir,” the first sergeant replied. “I think you ought to hang this maggot.”
“Thank you, first sergeant. Gunnery Sergeant Andrews, do you have anything to say about, or on behalf of PFC Mitchell?”
“No, sir,” Andrews replied.
“PFC Mitchell, do you have any character witnesses to speak on your behalf? The major asked.
“Yes sir, Lance Corporal Birdwell will speak on my behalf.”
Turning to Birdwell, the major said, “If you would like to speak on PFC Mitchell’s behalf, Lance Corporal Birdwell, you may do so at this time.”
Lance Corporal Birdwell said, “Thank you sir. Sir, PFC Mitchell is a good guy, and to be honest sir, I think he’s getting screwed.”
“Very eloquent, Birdwell,” said the major. “Is that all?”
“Yes sir.”
“You are dismissed, Lance Corporal Birdwell,” said the major.
Birdwell came to attention, did an about face, and marched out of the office.
“PFC Mitchell, do you have anything further to say to me now, either orally, or in writing, before I determine an appropriate sentence?” asked the major.
“Could we discuss that 30 day leave, sir?”
“No. Is that all?”
“Yes sir.”
“You are to be reduced to the grade of Private (E-1), forfeit one-third of your pay for two months, and you are to be confined at the Camp Allen Brig for 30 days of correctional custody. You are dismissed,” said the major.
“Sir, that isn’t very original,” said Mitchell.
“Get out, Mitchell!” ordered the First Sergeant.
When Private Mitchell rejoined the detachment after being in correctional custody for thirty days, the first thing he had to take care of was the removal of his PFC chevrons from his uniforms. He took them over to the base laundry and tailor shop. He was informed of the charges for this service, but Mitchell objected. In fact, he was most passionate in his objection. He was so passionate that the sergeant of the guard was summoned to the laundry and tailor shop. After making the initial inquiry about what was going on, Private Mitchell explained. “Sergeant Cross, these people are ripping me off. Every time I bring my uniforms over here to put on chevrons, or remove them, they charge me twenty-five cents for each chevron.”
“That’s the going rate, Mitchell,” said Cross.
“Well, I think this is bullshit. As many times as they’ve put on my rank, and taken it off again, I’m entitled to a flipping discount. Not only am I entitled to a discount I demand one. These people are getting rich off me!”
“Tell you what, Mitchell,” said Sgt Cross in a reasonable tone of voice. “If you ever make PFC again, which I seriously doubt, I’ll pay for the cost of putting your chevrons back on.”
Mitchell felt that was an agreeable arrangement.
Copyright, 2005































