by C. X. Moreau
“Had you heard firing previous to firing your own weapons?” continued Larson.
“Yes, sir,” said Downs.
“Was that firing outgoing or incoming?” asked Larson.
“Both, sir,” replied Downs.
“Very well, Corporal. Now I would like to ask the two lance corporals in your fireteam if they agree with the story as you have related it to me and the board,” said Larson.
Both Smith and Ferris stood and said “Yes, sir” in unison.
“Is there anything you Marines would like to add?” he asked.
“No, sir,” answered the two cousins.
“Very well.” Larson added a few notes to his paper and looked to Captain Simmons who sat in the middle of the long table. “I’ve got nothing further right now,” he said.
“Then we’ll proceed to Captain Clark.”
Clark nodded and looked at Downs. “Corporal Downs, how are you?”
“Fine, sir,” answered Downs.
“Corporal Downs, I’ve got just a few questions for you and the two lance corporals. I think I’ve got the gist of the matter. I just want to touch on a few points that aren’t quite clear to me,” said Clark.
“Yes, sir,” said Downs respectfully.
“If I understand you, your fireteam was separated from the rest of your squad and placed at the rear of the building, correct?” asked Clark.
“That’s correct, sir,” answered Downs.
“And who ordered you to position your team there?”
“Sergeant Griffin did, sir.”
“And did Sergeant Griffin give you any reason why he was placing your team there?” asked Clark.
“No, sir. He did not.”
“So he just separated your fireteam from the rest of the squad and told you no reason as to why he was doing so. Am I correct?”
“The squad was going into its night defensive perimeter, sir. I did not consider it unusual that Sergeant Griffin would assign a fireteam to the squad’s rear in order to provide observation and defense in that direction. If anything I expected him to assign my team to such a position.”
“And why is that, Corporal?” asked Clark.
Downs realized that he had said too much. The captain had seen an opening and pursued it. He braced himself and answered, “Because I am the junior of the corporals in my squad, sir, and we were in a strong defensive position. Sergeant Griffin uses the more experienced corporals for the more difficult jobs,” answered Downs.
“I see,” said the captain. Downs noted that the lieutenant, sitting to the side of Captain Clark, was furiously taking notes. “Corporal Downs, am I correct that you stated you had an M-60 machine gun with your team that night,” continued Clark.
“That’s correct, sir.”
“And is that SOP in your platoon?”
“No, sir,” said Downs, “we had the extra gun because the battalion operations officer had detailed them to our squad prior to our going out to relieve the dragon gunners on the hill. Ordinarily we would not have had that M-60, sir,” replied Downs.
“Very well. At what point did you order that your grenadier fire his M203 at the militia?” Before Downs could answer, Clark said, “Belay that, Corporal Downs. Which one of your lance corporals is the grenadier?”
“Lance Corporal Smith, sir,” said Downs.
Clark looked to Smith and asked, “Lance Corporal Smith, who ordered you to fire your grenade launcher that night?”
Smith rose to his feet slowly and looked at his cousin who sat beside him, then back to Captain Clark. He realized that his firing the grenade launcher without the order to fire being given by an officer or an NCO was a violation of the Rules of Engagement. “Nobody did, sir. I took the initiative myself,” said Smith flatly.
“You realize that by firing that weapon you were in violation of the Rules of Engagement, and you therefore disobeyed a direct and lawful order, Lance Corporal,” said Clark.
“Maybe so, sir, but the enemy was making use of dead space to fire on me and my team and I thought it was better to risk breaking one of the rules than have one of them get off a good shot with an RPG. Besides, as the grenadier I have the only indirect fire weapon in the fireteam and it is my responsibility to engage hostile targets making use of cover or dead space,” said Smith, virtually quoting from the small unit manual for Marines.
The captain nodded, “That’s correct, Lance Corporal. Corporal Downs, had you and your team taken fire from RPGs that night?”
“No, sir. But we had observed the militia with numerous men carrying spare rounds for RPGs on their backpacks so we knew they had the capability.”
“Did you order Lance Corporal Smith to use his grenade launcher?” questioned Clark.
“I may have, sir. If I didn’t I should have, sir, given the circumstances,” said Downs.
“Very well, Corporal. I don’t have any further questions at this time,” said Clark.
The captain looked down the table to Simmons who then said, “Captain Roberts?”
Roberts regarded Downs for a moment and began, “Corporal Downs, I’ve been listening to your story and the story of the other Marines who have presented testimony before this board and I’m beginning to draw the conclusion that what took place that night was simply an attack upon your position by local militia hostile to the United States. What I don’t understand is why they picked that particular time to attack, and if there was any deliberate provocation on our part that might have prompted their attack. Was there, Corporal Downs?” asked Roberts.
“None that I know of, sir,” said Downs.
Roberts exchanged a glance with Simmons, who then asked, “Corporal Downs, are you aware that Sergeant Griffin struck a local militia leader in front of your position shortly before the attack took place?”
“No, sir,” Downs lied.
“Well, Corporal, you must be the only Marine there that day who didn’t witness it,” said Simmons. “Can you offer any explanation as to why you didn’t see it?”
“No, sir. I cannot.”
“Was it because your team was posted at the rear of the building and you weren’t physically in position to see the fight?” asked Roberts.
Downs thought for a moment, then answered, “Maybe, sir. But also the squad had been up all night during the movement to the hill and after we got there we slept in the basement for a few hours. If it took place then I wouldn’t have been aware of it.”
Roberts nodded his head and said, “I see. Tell me, Corporal Downs, do you think the action at the hill that night was avoidable?”
“Avoidable, sir?”
“Yes. Do you think that Sergeant Griffin or Sergeant Slocum did something that provoked the militia and induced them to attack?” asked Roberts.
“I don’t think so, sir. It is my understanding that the position had been attacked previous to our arrival and the gatehouse by the entrance had evidence of previous attacks. I’m not sure that those weren’t probing attacks and the end result was the militia decided to attack the night we got there.”
“In your opinion, Corporal, did Sergeant Griffin or Sergeant Slocum do anything that night or that afternoon that would cause you to question their actions or motivations?”
“No, sir,” said Downs, realizing that Roberts was trying to let him establish a defense for Griffin and Slocum. “They both took every precaution and measure to ensure the safety of their squads, equipment, and the integrity of the perimeter. The fact that we didn’t take any friendly casualties that night while we inflicted quite a few on the attacking force speaks for itself, sir. In my opinion they are both good infantry NCOs, sir.”
“How long have you been in first platoon, Corporal Downs?” asked Roberts.
“About three years, sir,” said Downs.
“And do you think Sergeant Griffin is a competent squad leader?” he continued.
“Yes, sir. I do.”
“Do you think there is anything he might have done differently that night that would
have avoided an attack by the militia?”
“No, sir, not that I’m aware of,” answered Downs flatly.
“Do you, in your opinion, believe that Sergeant Griffin and Sergeant Slocum acted within and according to the Rules of Engagement, as they are set forth?”
“Yes, sir.”
“Very well, Corporal Downs. I don’t have any more questions for you at this time. I want to thank you for your candor. I believe that Lieutenant Walters has some questions for you and your fireteam now,” said Roberts.
The lieutenant cleared his throat and shuffled his paper work. “Corporal Downs, I find a few inconsistencies in your sequence of events,” said Walters.
“Yes, sir,” said Downs warily.
“Why exactly did you begin firing on the militia?” he began.
“We took fire from them, sir. Under the seventh rule of engagement we returned fire,” answered Downs.
“And who authorized you to return fire?” asked the lieutenant.
“I authorized my team to fire, sir. We were receiving hostile fire. As an NCO, with no officers in the perimeter, I am authorized to order my Marines to return fire.”
“And how many rounds did you fire at them that night, Corporal Downs?”
“Sir?” asked Downs.
“I want to know how many rounds your team expended that night, Corporal.”
“Exactly, sir?” asked Downs.
The lieutenant gave an exasperated sigh and said, “You can give me an approximate figure, Corporal.”
Downs turned to look at Smith who shrugged, then answered the lieutenant, “Sir, I really don’t know.”
“Well then, take a guess, Corporal.”
Downs thought for a minute and said, “I’m not sure, sir. Maybe five hundred to a thousand rounds from the M-60. I couldn’t even guess how many rounds the others fired. I just don’t know, sir.”
“Very well,” said the lieutenant, obviously irritated. “Lance Corporal Smith, how many rounds did you fire from your grenade launcher? An approximate figure will do.”
Smith stood and hesitated for a moment. “Maybe a half dozen, sir. I couldn’t be sure either, sir. It was kind of hard to tell with the firing goin’ on and all.”
“I find it hard to believe that you only fired six rounds that night, Lance Corporal. Maybe you would like to reconsider and give me another number,” responded Walters.
“No, sir,” said Smith.
“No, sir, what?” asked the lieutenant.
“No, sir, I don’t want to reconsider it. You asked me about how many rounds I fired that night and I told you about six. I don’t need to guess again, sir. My first guess is as good as any. With all due respect, sir, it’s a guess. I just wasn’t real concerned about countin’ rounds at the time and it never occurred to me afterward that somebody might be interested later, sir.”
“You Marines seem to have awfully convenient lapses of memory,” said Walters angrily. “Corporal Downs, maybe you remember how many casualties you inflicted?” he asked.
“It would be hard to say, sir. It was dark, and the hill is partially wooded, which prevented us from firing illumination. I don’t really know, sir. A lot of them went down under fire but they were probably just taking cover in dead space and crawled out of my field of fire. I would guess five or six KIA anyway, sir,” said Downs.
“And where was Sergeant Griffin during all of this, Corporal?” asked Walters.
“I don’t know, sir. He’s the squad leader. I would assume he was with the majority of the squad or at whatever position he thought most critical to the defense of our position. That’s his job as the squad leader, sir.”
“Thank you, Corporal, but I already know what Sergeant Griffin’s job was that night,” said Walters. “Frankly, I am beginning to find your smug attitude more than just an annoyance. You are on the verge of drawing a charge sheet from me regarding your answers, Marine. So I would advise you to carefully weigh all of your responses. Am I understood?”
“Yes, sir,” said Downs, fuming. He struggled to compose himself and not let his demeanor betray him to the officers. He had known that the lieutenant would be the most difficult officer of the five, and now that was being borne out.
“Corporal Downs, when you took this militia under fire, in which direction were they traveling?” asked Walters.
Downs thought for a moment then answered, “Northwest roughly, sir.”
“No, Corporal,” said the lieutenant in a patronizing tone, “were they moving up the hill to attack, or were they moving down the hill?”
“They were moving up the hill, sir. And later they were moving down the hill. We fired on them both times and while they were moving in both directions,” Downs lied smoothly.
“Do you two agree with that last statement?” The lieutenant directed this to Ferris and Smith.
“Yes, sir,” they both answered.
“What I don’t seem to understand here, Corporal, is why the militia leader would take your position under fire if he was retreating down the hill after being repulsed at the gate. Maybe you could help me and the board to better understand that point?” said the lieutenant.
“Is the lieutenant asking me why I think the militia commander fired on my position when he was retreating, sir?” asked Downs.
“That’s precisely what I am asking, Corporal,” said Walters.
“I wouldn’t be qualified to answer, sir. With all due respect, I don’t have any way of knowing what he was thinking, sir.”
“Maybe he didn’t fire on you at all, Corporal. Maybe you were the one who initiated the firing on the orders of Sergeant Griffin,” said Walters.
“No, sir,” said Downs, the anger apparent in his voice.
“Maybe he fired on us for the same reason he came up the hill that night, sir,” said Smith from the rear of the room. “Or maybe he fired on us to cover his retreat off the hill. They know the area, they knew where to find us to attack us. It seems to me it follows that they would have scouted our position and known they would be visible at that particular spot on the road and that we could take them under fire there.”
“Lance Corporal, when I want you to answer a question I’ll address one to you,” snapped the lieutenant. “Until that time you are not to interrupt.”
“I’d like to hear the lance corporal’s answer, Lieutenant,” said Captain Simmons. “That is, if you don’t object to the interruption.”
“No, sir,” said the lieutenant.
Simmons looked to Smith and nodded for him to continue. “Well, sir, it’s just this. They came up that hill for only one reason, and that was to attack us. They tried the gate a couple of times and found they couldn’t get through, so they backed down the hill. They fired on us whenever they had the chance with whatever they had available. I just don’t understand what we were supposed to do. It sounds to me as if you wanted us to take casualties before we started firing back, and that just doesn’t make sense to me, sir. We acted like a squad of Marines is supposed to act when they are under fire.” Smith looked around at the faces that had turned toward him as he spoke. “I guess that’s about all I have to say, sir.”
“That’s fine, Lance Corporal. Take your seat,” said Simmons. The captain looked at the others members of the board, then asked, “Lieutenant Walters, do you have anything further?”
“No, sir.”
“Very well. Corporal Downs,” said Simmons, “I have a few more questions for you specifically. They pertain to the movement down the hill the morning following the firefight. It is my understanding from previous testimony that you were the point man on that day. Is that correct?”
“Yes, sir. It is.”
“It is also my understanding that on the movement down the hill you encountered a wounded enemy soldier, correct?”
“That’s correct, sir.”
“Fine. Before I ask anything further I have to admit I’m a little puzzled why a corporal would be walking point. Could you explain that?” asked Simmons.
Downs hesitated, then answered, “Sergeant Griffin assigns all the positions in the squad during movements, sir. I’m usually the point on patrols. I couldn’t really say why Sergeant Griffin has me on point, sir.”
The officers on the board looked at each other and Downs noted that most of them made some sort of note of his answer. He knew that his position as the point man must have been of some interest to them and braced himself for more questions about the militiaman they had given the morphine.
“So what you are stating to the board is that you routinely walk the point during your squad’s patrols?” continued Simmons.
“Yes, sir. Almost always,” replied Downs.
Simmons nodded his head and continued, “Fine. Corporal Downs, let’s get back to the wounded militiamen you found that morning. How many were still alive when you got to them?”
“Only one that I saw, sir.”
“And where did you find this individual?”
“Top of the hill, sir. Just outside the gate.”
“Very well. What was his condition when you found him, Corporal?”
“He was severely wounded, sir. He had open wounds of the abdomen and stomach and he kept losing consciousness.”
“Did this man offer any resistance to you or any of your Marines?” asked Simmons.
“No, sir.”
“Do you think he was capable of it?”
“Probably not, sir. But we removed his sidearm and checked him for grenades or booby traps just the same.”
“Is that all you did with him, Corporal?” asked Simmons.
“We also administered first aid to him, sir.” Downs looked on as four heads bent toward their notepads and the officers again scribbled their notations.
“What exactly did you do, Corporal?” pursued Simmons.
“What does the Captain want to know, sir? What type of first aid was administered?”
“Precisely. Be as specific as you can, Corporal,” said Simmons.
“I called up Sergeant Griffin when I determined that the man was alive. Sergeant Griffin then ordered me forward to establish security and I believe he called up the Doc, sir.”