Article 15: Being the second part of Specialist Stone's trial
"Specialist Stone, the following charges are leveled against you. On or about 20 February 2005 at or near Fort Lewis, Washington, you did willfully and knowingly violate Fort Lewis Regulation 200-2, Article 92 of the Uniform Code of Military Justice, as well as federal, state, and local statutes by consuming alcohol under the age of 21. Is this true?"
"Yes ma'am."
"Do you desire trial by court martial?"
"No ma'am."
"Do you desire this to be an open or closed hearing?"
"Closed ma'am."
"Have you been afforded the opportunity to seek legal counsel?"
"Yes ma'am."
"Do you have anything you wish to say on your behalf or do you know of anyone who has anything to say on your behalf?"
"No ma'am. It is all in my statement."
"Very well. Specialist Stone you are dismissed."
* * *
So it goes that after leaving the First Sergeant's office where Acting Commander First Lieutenant Maggart was administering the reading that Specialist Stone got confused. I have to admit that I was confused too. Neither of us knew that Maggart was acting under an assumption of command order, that the commander had gone on temporary duty to Fort Sam Houston, Texas, or that it would be Lt. Maggart who would decide the punishment of Specialist Stone. When we left the reading, Stone expressed alarm that he had just been read his final charge and that he was being sentenced as we spoke.
"Sir, I would have presented more in my defense. I thought that she was just reading me so that she could make her recommendation to the Commander when he gets back from Ft. Sham."
"Nope, that was it. She is deciding your sentence right now."
* * *
In the end, Specialist Stone didn't get it so hard, I guess. Lt. Maggart used to be in the same seat at the conference room that I am in now, she used to be his platoon leader in Iraq. She understood everyone of the concerns that I brought up to her in private. Stone is a great medic, she agreed, he is a soldier who has the potential to go career and make a fine sergeant. Our only disagreement was in whether Stone would overcome this set back. In the sentencing phase, I agreed with my platoon sergeant and said that we need to restrict his ability to be promoted until he had demonstrated maturity. Stone will be held at Specialist, he will not go to Primary Leadership Development Course or make Sergeant until atleast 9 June 2005, and if he commits another offense, he will be reduced to Private First Class. In addition, he is forfeiting $376 in pay and allowances, serving fourteen days restriction to his barracks, his workplace, the dining facility, his place of worship, and the gym, and he is serving fourteen days of extra duty. So it is a punishment, but it is not the punishment that I think the commander would have pursued. I think that the commander would have taken rank away, and I have told Stone that he is lucky Lt. Maggart, who knows him better, was making the decisions that day. Specialist Stone has essentially been grounded by the Army for two weeks, but he won't die from it.
And Stone knows that next time, no one will be on his side.
"Yes ma'am."
"Do you desire trial by court martial?"
"No ma'am."
"Do you desire this to be an open or closed hearing?"
"Closed ma'am."
"Have you been afforded the opportunity to seek legal counsel?"
"Yes ma'am."
"Do you have anything you wish to say on your behalf or do you know of anyone who has anything to say on your behalf?"
"No ma'am. It is all in my statement."
"Very well. Specialist Stone you are dismissed."
* * *
So it goes that after leaving the First Sergeant's office where Acting Commander First Lieutenant Maggart was administering the reading that Specialist Stone got confused. I have to admit that I was confused too. Neither of us knew that Maggart was acting under an assumption of command order, that the commander had gone on temporary duty to Fort Sam Houston, Texas, or that it would be Lt. Maggart who would decide the punishment of Specialist Stone. When we left the reading, Stone expressed alarm that he had just been read his final charge and that he was being sentenced as we spoke.
"Sir, I would have presented more in my defense. I thought that she was just reading me so that she could make her recommendation to the Commander when he gets back from Ft. Sham."
"Nope, that was it. She is deciding your sentence right now."
* * *
In the end, Specialist Stone didn't get it so hard, I guess. Lt. Maggart used to be in the same seat at the conference room that I am in now, she used to be his platoon leader in Iraq. She understood everyone of the concerns that I brought up to her in private. Stone is a great medic, she agreed, he is a soldier who has the potential to go career and make a fine sergeant. Our only disagreement was in whether Stone would overcome this set back. In the sentencing phase, I agreed with my platoon sergeant and said that we need to restrict his ability to be promoted until he had demonstrated maturity. Stone will be held at Specialist, he will not go to Primary Leadership Development Course or make Sergeant until atleast 9 June 2005, and if he commits another offense, he will be reduced to Private First Class. In addition, he is forfeiting $376 in pay and allowances, serving fourteen days restriction to his barracks, his workplace, the dining facility, his place of worship, and the gym, and he is serving fourteen days of extra duty. So it is a punishment, but it is not the punishment that I think the commander would have pursued. I think that the commander would have taken rank away, and I have told Stone that he is lucky Lt. Maggart, who knows him better, was making the decisions that day. Specialist Stone has essentially been grounded by the Army for two weeks, but he won't die from it.
And Stone knows that next time, no one will be on his side.