UCMJ 809.ART 90
The Old Sergeant was sitting at his make shift desk working on an AAR when the Padre busted into the room.
“Pappy, you better come quickly. We got trouble!”
Pappy was out of his seat and on the Padre’s heels as they ran out into the compound.
There sat a police truck and it was unloading one of his men, still in handcuffs. And he had been beat to a pulp. His face was a mass of cuts and bruises and he appeared to be missing some teeth.
“Ok, ok what’s going on officers?” Pappy asked.
A full bird colonel got out and asked if the old sergeant was the kids platoon leader. Then he asked to speak with Pappy in his office.
“Sergeant, I have already spoken with your CO and I am placing this man in your custody. He’s in very serious trouble. He is being charged under section 809. ART 90 of the UCMJ for striking an officer. He is under arrest and will remain in the compound until courts martial.”
The old sergeant’s mouth fell open. “Sir, if my memory serves me, charging him under that section of the UCMJ while in war time conditions could result in the death penalty.” *
“I’m afraid that is correct, Sergeant. The soldier should have thought about that before taking a swing at a commissioned officer. Sign here please.”
The Padre started to say something but stopped at a gesture from the old sergeant.
When the colonel had left the Padre started in, “Pappy, what are we going to do? I know that kid and he would never do anything like this unless provoked in the extreme!”
“Padre I know. Can you do me a couple of favors? First get the medic over here. That kids hurting. Then get me a copy of the report of the incident and meet me back here tonight.”
That evening the doc, Padre and Pappy all met up in his office.
“Jack anyone?” Pappy asked.
As they all settled in Pappy said, “Ok doc. Report.”
“Pappy, someone beat that kid almost to death. He should be in a hospital but I think I can handle it. He’s lost 5 teeth, he’s a mass of bruises and cuts and he may have a concussion. Whoever he ran into, the kid came out the worst for it for sure.”
“Padre?”
“Here’s the file you wanted, Pappy. I think you will be surprised.”
Pappy took the file and started through it, lighting up a cigar as he did.
“Well, well,” he finally said. “Your right Padre this changes things. Number one, I know this “officer. He is the battalion boxing champion and has a reputation as the biggest bully in this mans army. How he ever made Major is beyond me. He’s in charge of supply for this whole sector.”
As he continued to read his face turned red. “Padre, have you read this report? Doc take a peek.”
As Doc went over the report of the incident the Padre said, “Yes Pappy. Things are not what they seem.”
Doc slammed the report on the desk. “Pappy this is crap! This “major” started the whole thing when the kid asked for a new pair of boots. Then he beat one of our men almost to death.”
“Doc can the kid report? Get him in here.” Fifteen minutes later the kid was sitting in the old sergeant’s office.
“Kid, the Padre, Doc and I are trying to help you. You’re in a world of trouble. Can you tell us exactly what happen?”
Through swollen lips the soldier looked up. “Pappy, soldiers do not rat out other soldiers. Whatever it says in the report I will accept as truth from an officer.”
Doc said, “Son, you don’t seem to realize how much trouble you’re in. They COULD put you to death! Your loyalty is admirable but -----.” He stopped when Pappy held up a hand.
“Kid you’re dismissed. Go back and rest up. In one week report to your squad.”
The soldier, doc and the Padre just stared at Pappy.
“Go on. All of you. Let me take care of this.”
As they all filed out of the office Pappy picked up the phone.
The next morning a humvee pulled up to the supply CO’s office. The old sergeant climbed out and went straight for the clerk, who by the way was sporting a huge black eye of his own.
“Corporal can you tell me where I can get a new pair of boots? I seem to have gotten this pair covered with shit.”
The corporal looked up in amazement and nervously looked over his shoulder toward the CO’s office.
“Did I hear someone ask for another pair of boots!! As the major stormed out of his office the old sergeant saw one of the biggest, rock solid men he had ever seen. His face looked like it was carved out of rock and his arms where as big as tree trucks. His fists were scarred from fighting.
“Corporal I told you I would kick the crap out of anyone coming in here and asking for boots again. These assholes don’t take care of their equipment that’s their problem.” With that he backhanded the corporal knocking him out of his chair.
The old sergeant’s eyes turned steely grey.
“And you sergeant! Your boots look fine to me. I don’t see any shit on em. So get out or you’ll get what the corporal got but worse!”
The old sergeant walked over and stood directly in front of the Major. “Sir, I’m afraid I was looking into the future a little. You’re correct—there isn’t anything on them now—but there will be when I kick the shit out of you—Sir.”
The Major screamed in rage and with a round house right, knocked the old sergeant to the floor.
“Now you just stay down there sergeant. No one gets up from one of my haymakers.”
The old sergeant rubbed his chin, looked up and smiled. “Well well: Striking a senior NCO. That’s a major violation of the UCMJ. And so is beating up one of my men.”
The old sergeant slowly got to his feet.
As he walked toward the major he said, “you and I are gonna dance. And when we’re done your gonna drop the charges against my soldier. And THEN, if I ever hear of you abusing another enlisted man I’m gonna come back.”
As Pappy pulled into the compound, the Padre and Doc were waiting for him.
“Pappy what happened? Have they dropped the charges? Padre asked.
“Hey hey. Hold it down. There aren’t any charges. He reports next week to his squad like I said. Now get out of here. Oh wait! You guys like my new boots?
I got shit all over my other ones."
*
809. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Any person subject to this chapter who--
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or
(2) willfully disobeys a lawful command of his superior commissioned officer;
shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.
Steven J Newton
© 2008
stevenewton69@hotmail.com