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Trial by Fire: Marines and Military Law in Vietnam
LtCol. Gary D. Solis, USMC. Washington,
*-■ History and Museums Division, U.S. Marine Corps, 1989. 295 pp. Photos. Maps. Append. Notes. Ind. $17.00 ($15.30).
Reviewed by Colonel John Greenwood, H-S. Marine Corps (Retired)
The announcement of an official history covering the administration of military law in a war nearly a quarter of a century ago is not apt to send many People—not even many lawyers—
rushing to the nearest bookstore. But this °ne ought to. It is history at its best—rich with facts and insights about the quest for nulitary justice in time of war, the admin- 'stering of a military organization, leadership, and human and social realities.
Solis’s book is a functional history designed to complement the excellent nine-volume operational history* of Marines in Vietnam being written by the History and Museums Division of Headquarters Marine Corps. It does the job udmirably, examining chronologically die lawyer’s role in Vietnam, how that role grew and evolved, and how well the Uniform Code of Military Justice (UCMJ) met its first real test of prolonged conflict.
Solis’s style is crisp and candid. He Writes skillfully and honestly, but with Proper restraint and respect. His personal Judgments and evaluations are subdued, dut he hides nothing of the story. Woven throughout it are many unpleasant truths— the failures in leadership. Project '00,000 (in which the armed forces were required to accept some men who scored Poorly on the Armed Services Qualification Test), drugs, murders, racial incidents, fraggings, disturbing command attitudes, departures from moral standards, and countless other challenges equally painful to recall. But outshining these aberrations, of which there were far too many, is the story of the people who
’Six volumes of this series entitled U.S. Marines in Vietnam have already been published. They are: 1954-1964, The Advisory and Combat Assistance Er«; 1965, The Landing and the Buildup: 1966, An Expanding War; 1967, Fighting the North Vietnamese; 1969, High Mobility and Standdown; 1970- 1971, Vietnamization and Redeployment.
made the system work—the commanders, subordinate leaders, and lawyers who overcame the crushing problems and inadequate facilities and struggled for justice under a legal system ill-designed for combat.
The author weaves together this complex story of thousands of courts-martial processed by more than 400 lawyers with a fascinating mixture of facts, statistics, vignettes, and photographs. By bringing to life a neglected side of the war, he lets us see that conflict in a new dimension. Often with only a few words and a picture, he captures the commitment, character, and exceptional contributions of the John Ostbys, the Hank Hoppes, the Bob Lucys, and countless other men of high principle who labored to make the system work. The story he tells provides a perspective and balance that is lacking in many Vietnam films and much of its literature.
The many vignettes drawn from lawyers’ case files add spice, and the author uses them shrewdly not only to illustrate the variety of cases but to expose prevailing attitudes and quietly raise more fundamental issues of the war. He treats a wide variety of cases, but the centerpiece, the one covered in greatest detail, involves the charges brought against Lance Corporal Randell D. Herrod and three of the four other members of his night “killer team” patrol.
Early in 1970 the group was charged in the murder of 16 Vietnamese women and children. From quoted and summarized testimony, readers learn the details of the patrol and how the crime was uncovered. Solis describes the initial investigation by the command and then the formal Article 32 investigation that followed. Finally, the trials themselves are discussed. These involved civilian lawyers from the States, command testimony on behalf of the accused, and mixed verdicts that exonerated Herrod but convicted two patrol members who carried out his orders. The account and, of course, the outcome raise a welter of troublesome issues—some, such as those about the system of justice, are obvious; others, dealing with the kind of training and leadership that is necessary for Marines to perform successfully across the spectrum of warfare, are expressed in less detail but adroitly brought to mind. This thoughtfully written account would serve admirably as a seminar discussion topic for the leaders of any Marine Corps command.
This period of the Vietnam War (post- Tet 1968) was perhaps as troublesome as any in U.S. military history. Disenchantment with the war at home, antiwar activism, drugs, acceptance of unqualified personnel, racial unrest, inadequate training, and inexperienced leadership combined to produced turmoil and major disciplinary problems throughout Vietnam. Marine units did not escape this blight. While acknowledging the lack of adequate statistics on criminal acts, the author estimates there were, for example, between 100 and 150 Marine fragging incidents (almost all in rear area units), although they resulted in surprisingly few deaths.
Typical of that period was the III Marine Amphibious Force brig riot of 16-18 August 1968. The subsequent investigation, unable to identify any specific longterm grievances, racial incidents, or provocative actions, branded it as a spontaneous uprising. The series of pictures and the quotes from prisoners and Lieutenant Colonel Joseph J. N. Gambardella, the cool and effective brig officer, put the reader in the middle of the flare-up. More than anything perhaps, the incident reflected what was happening in the United States and provides clear evidence that our armed forces are never long immune to moods in the society from which they are drawn.
Solis ends most of his 11 chapters with a brief section entitled "Perspective.” In these, he brings the Vietnam legal effort of the period into focus with activity in the rest of the Corps, providing statistical summaries of the numbers and types of cases, discussing lawyer assignments, and highlighting the major difficulties facing the legal community.
The final pages of the book are devoted to what the author regards as the key issue emerging from his effort—Will the UCMJ work in combat? Quoting a series of competent and experienced military lawyers, he concludes that the answer is emphatically no. The justice system it provides is simply too cumbersome, too drawn out, and too inconsiderate of the needs of combat commands. Even in Vietnam, where conditions were far more favorable than they would be in all-out war, countless people were guilty of serious crimes but never were tried because of the difficulty of getting witnesses and overcoming the array of obstacles the defense could raise through requests for character and expert witnesses, psychiatric examinations in the United States, delays for civilian counsel, etc. Clearly, a wartime legal code is a matter that needs further attention, or commands many again be sent into combat with a handicap that could undermine even the most gifted of leaders.
This rich and rewarding book then reaches to the broader responsibilities of commanders and to areas that, although often neglected, could easily destroy command effectiveness. Those who ponder this book’s insights and heed its wisdom, stated and implied, will be measurably better leaders.
Colonel Greenwood is editor of the Marine Corps Gazette. During his tours in Vietnam, he served on the staffs of the 9th Marine Expeditionary Force and III Marine Amphibious Force and commanded both the 1st Battalion 27th Marines and the 4th Combined Action Group. In 1968, seven Marines from his battalion were accused of murdering five Vietnamese men. All were brought to trial within five months, and five of the seven were convicted.
Blue’s Bastards: A True Story of Valor Under Fire
Randy Herrod. Washington, DC: Regnery Gateway, 1990. 215 pp. $17.95 ($16.15).
Reviewed by Lieutenant Colonel W. Hays Parks, U.S. Marine Corps Reserve
On the night of 19 February 1970, a five-Marine patrol from 1st Battalion, 7th Marines, First Marine Division, entered the hamlet of Son Thang (4), called out its civilian occupants, and shot them. Sixteen Vietnamese—five women and eleven children—were murdered. This is the principal accused’s version of his trial for those crimes.
The first third of the books tells about the author’s initial six months in the Republic of Vietnam, when he served in the second platoon of Kilo Company, 3rd Battalion, 9th Marines, Third Marine Division. Operating in the northernmost provinces of the 1 Corps tactical zone of South Vietnam, the war Randy Herrod experienced resembled Marine battles of earlier wars, fighting conventional enemy units rather than guerrillas.
Herrod’s style is self-effacing, with a purpose: He is preparing the reader for his version of the events that occurred at Son Thang (4). If the author is modest about his heroism, then surely he must be telling the truth about what occurred thereafter; or so he would have the reader believe. But there is another reason for his narrative of his initial months in combat: his platoon leader was First Lieutenant Oliver North. In brevity code, “North” was “Blue,” and the platoon was “Blue’s Bastards.”
To be sure, the author during this time was a good Marine, and apparently a heroic one. In a firefight, Herrod rescues North, and North recommends Herrod for an award for valor. Herein lies the first falsification by Herrod, who claims that North recommended him for a Navy Cross; official records reflect that Herrod was recommended for a Bronze Star, which was upgraded to a Silver Star.
As the Third Marine Division departed in the drawdown of U.S. forces, Marines who had served less than half of their full tour were reassigned to the First Marine Division. Officially known as “Mix- master,” it was a difficult period for the Marines of the Third Marine Division. Their black-and-white world fighting conventional enemy units suddenly shifted to the predominately gray world of guerrilla warfare. It required a commander’s constant attention to get his Third Marine Division transferees to fight this more complex war, and Herrod’s battalion commander—mysteriously unmentioned by Herrod—gave particular emphasis to adapting his new Marines to their changed environment. Most Marines adjusted; Herrod did not.
Herrod led the patrol that entered Son Thang (4). Suddenly, Blue’s Bastards claims, the patrol was taken under fire. In returning fire, the women and children were killed. To keep the Marine Corps from being tarnished by the controversy surrounding the Army’s My Lai massacre, Herrod and his men became scapegoats charged with murder.
But a scapegoat is innocent. The facts clearly indicate that responsibility lay squarely with Herrod. The women and children were forced from their huts and, on Herrod’s command, brutally gunned down at close range. Herrod was the principal triggerman. A false contact report (unmentioned in Herrod’s book) submitted immediately following the shooting reported no enemy fire. Three of the patrol members acknowledged there was no enemy fire, and a thorough search of the crime scene uncovered no shell casings other than those from the patrol’s weapons.
The command reaction to these murders was swift and consistent with the
When Randy Herrod (center) was tried for shooting 16 Vietnamese civilians, “Blue” (Oliver North, right) came to his rescue, returning an old favor.
Marine Corps position throughout the Vietnam War. When the first such incidents occurred in 1966—18 months before the My Lai massacre—all levels in the chain of command moved quickly to investigate the suspected wrongdoing and to charge and prosecute those responsible. But contrary to Herrod’s suggestion, errors of judgment in the heat of combat and the fog of war did not form the basis for prosecution of any Marine—- including Herrod—during the Vietnam War.
Herrod’s patrol members were tried first. Two were convicted, one was given immunity in return for his testimony, while the fourth was acquitted on the basis of the testimony of the prosecution’s witness that the accused had fired over the heads of the victims rather than obey Herrod’s illegal order.
A capable team of civilian attorneys from his home state of Oklahoma defended Herrod. They were assisted by Lieutenant North, who returned to aid in the defense of the Marine who had saved his life.
At this point, the “crossfire” defense was concocted. It gained credibility when a Viet-Cong-operated M-60 machine gun was recovered in the area near the scene of the crime; this became the gun that fired upon the Marine patrol. Neither in the false patrol report nor the lengthy in-
vestigation and trials that preceded Her- r°d s had there been any mention of an enemy machine gun. The defense exploited its recapture.
Several things led to Herrod’s acquit- tah One was the superb work of his defense counsel, who simply outclassed and overwhelmed the relatively inexperienced prosecutor. The defense was assisted by the military judge, who erroneously excluded photographs of the vjctims that had been admitted in the previous trials, and by North, who “inadvertently” testified about Herrod’s nomination for a Silver Star. Acquittal was nttle more than a foregone conclusion.
Blue’s Bastards is not a factual account °* the Son Thang (4) murders, nor even 01 Randy Herrod’s service in Vietnam. It contains numerous technical errors, such as mention of a five-shot light antitank Weapon. The book badly mutilates names and ranks of many of the principals, including one of Herrod’s codefendants. It exaggerates. For example, Herrod’s reference to 120° temperatures is countered the command chronology, which shows the hottest day in the month in question to have been 88°. Herrod repeat- e<% states that he was facing execution if convicted; yet his case was referred as Noncapital, which he would have known. Herrod claims that his Silver Star was Presented to him in an awards ceremony ln Oklahoma in conjunction with the pre
sentation of lesser awards to other military personnel, when in fact it was aWarded to Herrod by the division personnel officer the day following his acquittal. Herrod ignores the 17th victim of (he massacre—a convicted codefendant °f Herrod’s who committed suicide be- f°re his dishonorable discharge was upgraded by the Secretary of the Navy after Herculean efforts on his behalf by another highly decorated former Marine first lieutenant—James Webb, himself Hter Secretary of the Navy. In short, Herrod’s memory is selective, and verac- lly is not his long suit.
The subtitle of Blue’s Bastards is “A True Story of Valor Under Fire.” There is no question that Randy Herrod, on one day, performed an act of valor under fire l°r which he was awarded his nation’s third highest decoration. Otherwise, this 's not a true story, but a hastily assembled, poorly edited, and factually distorted narrative written to exploit the current notoriety of retired Lieutenant Colonel Oliver North.
The Naval Institute's 1990 Distinguished Author of ihe Year, Colonel Parks served as Chief Trial Counsel for the First Marine Division in Vietnam in 1968- t’V. Today he is Chief of international Law in the Office of the Judge Advocate General of the Army.
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Books of Interest
By Lieutenant Commander Thomas J. Cutler, U.S. Navy (Retired)
This exciting account of a little-known battle °f the War of 1812 reveals why the British
Antisubmarine Warfare: Meeting the Challenge
Washington, DC: Antisubmarine Warfare Division ® the Office of the Deputy Chief of Naval Operations (Naval Warfare), 1990. 72 pp. Photos.
as- Maps. Charts, paper. Order directly from Publisher.
T.he history, current applications, and pre- teted trends of ASW are presented in this c°ncise and colorful publication.
® The Battle of Stonington
!am« Tcrtius de Kay. Annapolis, MD: Naval institute Press, 1990. 224 lllus. Append. Bib. Ind. S24.95 ($19.96).
J THKHATTl.KOh
iTONINGTON
’ torpedoes. Sul >rnarines. and Rickets in the W ar of 1812 .
the Allies and Axis sides and reflect the views and the propaganda of the various participating nations. This work provides some cogent analysis and a chronological tour of the war via the illustrator’s pen.
Command, Control, and the Common Defense
C. Kenneth Allard. New Haven: Yale University Press, 1990. 330 pp. Figs. Notes. Bib. Ind.
$25.00 ($22.50).
Lieutenant Colonel Allard traces the evolution of U.S. military forces into “separate and virtually autonomous entities." While he recognizes the positive aspect of self-sufficiency, he argues that this autonomy is counter to the nation’s strategic goals.
The King’s Coat
Dewey Lambdin. New York: Donald I. Fine,
1989. 397 pp. $19.95 ($17.95).
This seafaring novel is set in the late 18th century and tells about Midshipman Alan Lewrie, whose colorful beginnings are transcended by a heroic (and sometimes less than admirable) career in the Royal Navy, fighting against the French, the Dutch, and the American colonists. Lewrie’s battles and dalliances take the reader to the sordid, exotic, corners of the colonial world.
man details Canada’s important contributions to three wars, the Cuban missile crisis, and NATO’s Cold War struggle.
The Sources of Soviet Naval Conduct
Philip S. Gillette and Willard C. Frank, editors. Lexington, MA: Lexington Books, 1990. 311 pp. Gloss. Notes. Ind. $39.95 ($35.95).
Recognizing that “in the midst of changing [world] dynamics, sits a large and capable Soviet Navy” whose “future role remains uncertain,” the editors contend that “Soviet naval conduct will continue to have important implications for international security.” Accordingly, they have collected the insights and predictions of recognized European and U.S. experts to form this timely work.
A Time of Change: National Strategy in the Early Postwar Era
Washington, DC: Naval Historical Center, 1989.
55 pp. paper. Order directly from publisher.
This is a collection of papers presented at the Colloquium on Contemporary History held in June 1989 at the Naval Historical Center. The discussion centered around the first postwar decade, a time when strategic planners had to face a dramatically changed world—much as planners today must do in the rapidly changing post-Cold War period.
initally singled out the tiny New England sea- P°rt of Stonington for invasion, how the Yankees were able to hold out despite a prolonged bombardment by a better-armed British force, and why, after four days, the British squadron 'nexplicably sailed away. To solve the mystery °f this curious battle, De Kay goes back to the American Revolution and draws upon contemporary news accounts, secret correspondence, and other sources to piece together an intrigu- lng and inspiring account of wartime drama.
A Cartoon War: World War Two in Cartoons
Joseph Darracott. London: Leo Cooper, 1989.
*56 pp. Illus. Bib. Ind. $26.50 ($24.75).
The cartoons in this book are taken from both
The Maritime Strategy Debates: A Guide to the Renaissance of U.S. Naval Strategic Thinking in the 1980s (Revised Edition)
Captain Peter M. Swartz, USN, and Jan S. Brcemcr, bibliographers, with James J. Tritten, Principal Investigator. Monterey, CA: Naval Postgraduate School, 1989. 126 pp. paper. Order directly from publisher.
The original edition of this bibliography appeared in part in the U.S. Naval Institute’s special “Maritime Strategy" supplement to the January 1986 issue of Proceedings. Since then, the volume of written commentary on the strategy has grown significantly. This revised edition contains approximately 200 additional entries, including many from other nations.
The Sea is at Our Gates: The History of the Canadian Navy
Commander Tony German, RCN (Ret.) Toronto, Canada: McClelland & Stewart, 1990. 360 pp. Photos. Maps. Append. Notes. Bib. Ind. $39.95 ($30.25).
Covering the history of the Canadian Navy from colonial times to the present, Tony Ger
The U.S. Customs Service: A Bicentennial History
Carl E. Prince and Mollie Keller. Washington,
DC: U.S. Government Printing Office, 1989.
340 pp. Photos. Append. Notes. Ind. $12.00 ($10.80) paper.
Readers may be surprised to learn that the Customs Service accounted for nearly 95% of the federal revenue up until the mid-1800s. This little-known government agency “built America's lighthouses, directed its revenue cutters, standardized its weights and measures, paid its veterans’ salaries, managed its marine hospitals, and single-handedly controlled the flow of people and products through its ports." Today, the service is involved in the war on drugs and “the 15,000 Customs officers still bring in $18 for every dollar spent.”
War & Conflict: Selected Images from the National Archives, 1765-1970
Jonathan Heller, editor. Washington, DC: National Archives and Records Administration, 1990.
365 pp. Photos. Illus. Bib. Ind. $25.00 ($22.50).
This selection of more than 1,500 illustrations and photographs provides glimpses of the realities of war as well as an interesting look at the evolution of photographic capabilities on the battlefield.
nizing material, using graphics to enhance the presentation, and using online information services for research are but a few of the many topics covered.
Ltd., 1989. 192 pp. Photos. Tables. Gloss. Order directly from publisher: 1 Tavistock Chambers, Bloomsbury Way, London WC1A 2SG.
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Writing Better Technical Articles
Harley Bjclland. Blue Ridge Summit, PA: Tab Books, 1990. 206 pp. Figs. Append. Gloss. Bib. Ind. $12.95 ($11.65) paper.
This practical guide for engineers, scientists, and technicians offers good advice on writing for the many technical journals that publish tens of thousands of articles and papers each year. Writing query letters to publishers, orga-
Other Titles of Interest
Arms to the Arabs: The Arab Military Buildup Since 1973
Charles B. Perkins. Washington, DC: American Israel Public Affairs Committee, 1989. 97 pp. Tables. Figs. Notes. Order directly from publisher: 500 N. Capitol St., NW, Suite 300, Washington, DC 20001.
C-130: The Hercules
M. E. Morris. Novato, CA: Presidio Press, 1989. 130 pp. Photos. Append. Gloss. $12.95 ($11.65) paper.
The Cult of Counterterrorism: The ‘Weird World’ of Spooks, Counterterrorists, Adventurers, and the Not Quite Professionals
Neil C. Livingstone. Lexington, MA: D.C. Heath and Co., 1990. 437 pp. Photos. Notes. Bib. Ind. $19.95 ($17.95).
The Eastern Front: Armour Camouflage and Markings 1941 to 1945
Steven J. Zaloga and James Grandsen. New York: Sterling Publishing Co., Inc. 1990. 96 pp. Photos. Illus. Tables. Bib. $19.95 ($17.95).
The Making of a Para
Rory Bridson. London: Sidgwick & Jackson,
These Good Men: Friendships Forged from War
Michael Norman. New York: Crown Publishers, 1989. 310 pp. Photos. Ind. $19.95 ($17.95).
U.S. Bases in the Mediterranean: The Cases of Greece and Spain
Thanos Veremis and Yannis Valinakis, editors. Athens: Hellenic Foundation for Defense and Foreign Policy, 1989. 132 pp. Notes. Order directly from publisher: ELIAMEP. P.O. Box 26030, GR—100 22 Athens, Greece. Fax 01-88-17-394.
Undersea Vehicles Directory 1990-91
Arlington, VA: Busby Associates, Inc., 1990- Photos. Illus. Tables. Append. Gloss. $75.00
The Violent Decade: A Foreign Correspondent in Europe and the Middle East, 1936-1945
Frank Gervasi. New York: W. W. Norton, 1989. 639 pp. Photos. Ind. $25.00 ($22.50)-
Where the Orange Blooms: One Man’s War and Escape in Vietnam
Thomas Taylor. New York: McGraw Hill- 1989. 387 pp. Photos. Maps. Gloss. 19.95 ($17.95).
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