A Young Lawyer’s First Day on His New Job

 

As an old guy (75) looking back, the most notable thing about my life is my long streak of good luck.  Good health – early-stage prostate cancer on the mend. I never spent the night in a hospital. Long-time marriage and my wife beat early-stage breast cancer eleven years ago. Parents lived into their late 80s and 90s.  Three healthy children all living independently with good jobs. So other than San Francisco homeless and my football team not being Alabama I have very little to grouse about. Will stay out of politics for now.

But much of my luck came in the job challenges I had. And luckiest of all, my draft notice in May 1968 arrived one week after I was accepted into the Navy ROTC unit when I was in my first year of law school. That was the year graduate deferments ended (except for Clinton and Biden; sorry couldn’t help it). Two law school classmates, both honor students, drafted into the Army, got clerk jobs, and returned to finish their law degrees. My experience would be different. So avoiding Viet Nam was at the top of the to-do list and it looked like I was going to make it.

My NROTC summer cruise was on a ship homeported near San Francisco and I fell in love with the place.  A few years after the “summer of love” but great food and cool summers. But half the law students who were JAG Corps designates wanted to go there or to San Diego.  Drew the short straw and got New York.  Two years of trial experience, mostly low-level special courts martial for absences, disobedience, drugs, a few assaults, and a weird gay sex assault case.  Sort of like public defender misdemeanor stuff but I learned the UCMJ and got to run my mouth a lot. But salivating for a chance to get to California.

More good luck. My first military judge, Dave Bennett, took a liking to me. He knew criminal law was not my bag but said I wrote good briefs and might do well in civil litigation.  And his next job was as the JAGC Lieutenant Detailer at the Bureau of Naval Personnel in D.C. By 1972 no money for shore transfers, at least for lawyers, but my judge pal told some of us hankering for California about the aircraft carriers going into the Hunter’s Point shipyard in San Francisco for extensive overhauls and that could be the ticket to the Golden State.  One buddy took him up on the offer and went to the U.S.S. Ranger, just going into the yard and he loved it.  So why not?  I get the next assignment to a carrier scheduled for a six-month overhaul in 1973 shortly after it was due back from a West Pac cruise and planned to meet the ship in San Diego, where it was homeported, in September 1972 after its return.

Them some rare bad luck.  Just before the Ranger was to come out of the yard and replace my ship in West Pac some lunkhead drops a wrench in the ship’s reduction gears during testing. Screws it up and requires more time in the yard to repair. Which means it cannot replace my ship. Which is then extended an extra two months. In West Pac. On Yankee Station.  30 miles east of Haiphong. Where I landed in September 1972 on the USS Thomas Jefferson to start my new job.  I became a Viet Nam service veteran by accident.

My judge pal said his service as a carrier JAG in the Mediterranean was the best duty he ever had so I was looking forward to it. I had done little legal assistance work but did manage to get a cute Navy nurse a discharge as a conscientious objector which did not seem odd at the time.  My summer ROTC cruise was uneventful; just floating around San Francisco Bay on trials and a short trip to San Diego.  I had no idea of the kind of problems sailors were faced with on a carrier that I would have to deal with.  But I found out. Real quick.

I wrote this as fiction, with some lawyer exaggeration, for a 40th reunion in San Francisco eight years ago. My shipmates liked it.  Mark Alexander and Max Knotts suggested some edits. With their help I cleaned up the chapters you will read.  After routine introductions to the CO (Commanding Officer) and XO (Executive Officer, my boss, and the first African American Naval Officer I ever met) I had a half-hour introduction regarding pending issues with my predecessor, Lieutenant Hansen. He told me the only items on the agenda for the next day were the usual Captain’s Masts (UCMJ Article 15; for low-level offenses not meriting a court martial) and an interview with a diver from a destroyer escort that was the ship’s rear guard who failed to save a ship’s sailor who fell off the ship at night and was lost at sea.  Sounded like a routine introduction to the ship’s operations. Didn’t quite turn out that way.

Clinton and Yates, my two yeomen (secretaries) were young college graduates thankful to not be in the Army. Both became lawyers after their service. Don’t know if it had anything to do with our shared experiences.  My roommate on the ship was an engineering officer. Who worked in the “hole”. And smelled like it.

This is one chapter. Max and Mark are helping to clean up a few more.  None of my experiences were as exciting, or dangerous, as what Max went through. Sent the whole story to Susan whose husband is a Navy vet. She said he liked it. Even with all the vulgarity. Annefy’s Marine sons have yet to give their reviews. You may know by now I am a terrible proofreader.

SEA SNAKES

LT Hansen was off at first light. Back to the civilian world of the billable hour and a regular life. But not before running over the Captain’s Mast racial statistics and giving Phillips the list of candidates for administrative discharges to discuss with the Personnel Officer. Then the new Legal Officer had an hour XO Screening Mast sandwiched around approving the new charge sheets for next week’s line up and scheduling of the sailors for legal assistance.  Phillips had to bone up on the Soldiers and Sailors Civil Relief Act if he was going to give family law advice.  Then a two-hour Captain’s Mast where the CO had a heart-to-heart chat with that week’s screw-ups.  Phillips was impressed with the CO’s bedside manner.  He would emphasize the need for team players, how the kid had let down his division mates and made their jobs harder, he understands how exhausted everyone was from the long cruise, etc., etc. Then docked him $50 in pay and made him lose two days of liberty by restriction to the ship at the next port call. Which was an excruciating punishment.  From the little gossip Phillips had already picked up his first day aboard, the sailors constantly talked about their next port call. No one cared where it was as long as there was plenty of booze and whores.  Three to four days of drunken debauchery and the crew was good to go for another 45 days at sea.

Only one of the mast cases stood out for Phillips.  One of the sailors was caught smoking. In a forward magazine. With bombs in it.  While smoking was constantly regulated during dangerous fueling or flight operations – “the smoking lamp is now lighted” was the most inspiring message on the ship’s 1MC public address system for the many sailor hackers – smoking around bombs, for some reason, was always forbidden. The CO reamed that kid but good. And imposed an ancient Naval punishment that Phillips had forgotten had found its way into the UCMJ: three days of bread and water in the brig. Well, at least he could have all the bread he wanted.  Maybe it will help him kick the habit.  Even though he could refuse the punishment and demand a court martial, something this serious would likely get the maximum six months in the brig and a Bad Conduct Discharge.  The kid was probably wise to take the three days and not trade for a longer stretch with better food.

After a quick bite of chow in the wardroom, Phillips was back in his office for the late shift and the interview of the Overlord’s swimmer.  He would miss the “Dirty Harry” movie. Maybe he could see it in port.

The destroyer sailor was in his office.  Young, stocky looking kid.  While all sailors had to be competent swimmers, the guys who did rescue duty on the tin cans were a cut above.

“I’m the Legal Officer, LT Phillips. Thanks for coming over on the chopper. This should just take a few minutes and then you can get back to your ship.”

“No problem, Lieutenant.  I appreciate the break. Take your time.  I got to go through your chow line.  Carrier food is much better than what the destroyers serve.”

“I am curious. How long have you had this duty, going after guys falling off a ship?”

“For most of this cruise. Have been following the Jeff for about 4 months but had screening duty for other carriers.  That’s where most of my jobs come from.”

“How many times have you had to fish sailors out of the drink?”

“Probably 10 to 12. Only had one die.  And lost your sailor. Most of the time we can get them.”

“From the file it looks like Seaman Kane fell overboard at about 2330.  About a 70-foot drop.  How were you alerted to him being in the water?”

“Ship’s siren. The forward watchers are always scanning the back of the carriers; particularly during night landings since that’s when most accidents and possible man overboard situations occur. No night ops that night but the watch stander saw him hit the water and alerted the bridge. Rescue alarm sounded and I was stationed just off the forward beam and was ready to go. The ship came around to get me within about 50 yards of the kid. I saw him and hit the water.”

“What happened then?”

“I had him in my sights. He was bobbing up and down and I thought I saw his eyes open so he must have hit the water cleanly. Not splayed out like he was unconscious or anything. Got to within about 10 yards and he went down, and I never saw him again.  I dove down maybe 50 feet but never got a glimpse. It was night and not enough light from the ship although the spotlight was focusing on the area where he went under. I didn’t have any diving gear as we are not equipped to do that.  Kept going under for about 15 minutes and then gave up.  Hate to lose a guy like that.”

“Any idea what happened to him? His medical record looked like he was healthy. No record of drug use or anything like that.”

“I think sea snakes got him.

“Say what?”

“Sea snakes.”

“You mean like Cecil the Sea Serpent sea snakes?”

The rescue sailor gave Phillips a blank stare. Of course, the kid was probably not even born when Phillips was mesmerized by that stupid puppet show when his family got their first black and white TV. What was it called – “Kukla, Fran & Ollie”? Ancient history now.

“No, sir. Real snakes. I am sure you have officer buddies that scuba dive. The snakes are all over these waters, even in Subic Bay.  They are not big, have paddle tails, and swim just under the surface. They are not usually aggressive and have tiny mouths so they usually would not penetrate a wet suit. But if they can latch onto some skin, say around the ankles or the neck, they are very poisonous. Usually travel in schools. Anyone who gets three or more bites would have no chance.  The ship’s Hospital Corpsman told me this when I volunteered for this duty. To give me a heads up on what to watch for. So I always had a thick wet suit on.  And I saw no shark fins in the water.  Sharks are generally not this far up in the Gulf.”

Sh*t, Phillips thought. How in the hell could he put something like this in the report as to the cause of death? The kid didn’t actually see any snakes.  Phillips did not want his very first JAG report to make him a laughingstock. The sea snake lawyer.

“Well, thanks Seaman Clark for coming over. Anything else you can think of that might be important about Kane’s death?”

“No, sir.”

“OK, you are free to head back to your ship when the helo pickup can be arranged.”

After some more desultory paperwork, Phillips shooed Clinton and Yates out of the office and closed up shop. It was 2200 when Phillips finally sat on his rack while listening to his diesel-fume-besotted roommate snore.  Quite a first full day.  Numbskull risks blowing up the ship and killing hundreds of sailors so he can grab a smoke.  Frigging sea snakes.  What a sh*t show.  Only 18 more months to go.

Published in Military
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  1. Doctor Robert Member
    Doctor Robert
    @DoctorRobert

    Not only are sea snakes real, they do have paddle tails and are commercially harvested.

    https://en.wikipedia.org/wiki/Sea_snake

    https://www.nationalgeographic.com/animals/article/150108-sea-snake-gulf-thailand-harvest-animal-ocean-conservation

    • #1
  2. navyjag Coolidge
    navyjag
    @navyjag

    Doctor Robert (View Comment):

    Not only are sea snakes real, they do have paddle tails and are commercially harvested.

    https://en.wikipedia.org/wiki/Sea_snake

    https://www.nationalgeographic.com/animals/article/150108-sea-snake-gulf-thailand-harvest-animal-ocean-conservation

    Just don’t ask me to eat one. 

    • #2
  3. Muleskinner, Weasel Wrangler Member
    Muleskinner, Weasel Wrangler
    @Muleskinner

    The Air Force guys at Sondrestrom and Thule always warned of snow snakes. 

    • #3
  4. navyjag Coolidge
    navyjag
    @navyjag

    Muleskinner, Weasel Wrangler (View Comment):

    The Air Force guys at Sondrestrom and Thule always warned of snow snakes.

    So now I should forget about going to Tahoe in the winter?

    • #4
  5. Muleskinner, Weasel Wrangler Member
    Muleskinner, Weasel Wrangler
    @Muleskinner

    navyjag (View Comment):

    Muleskinner, Weasel Wrangler (View Comment):

    The Air Force guys at Sondrestrom and Thule always warned of snow snakes.

    So now I should forget about going to Tahoe in the winter?

    I wouldn’t worry, I had a Swiss Army Mountaineering and Ski Instructor dragging me out early, to workout on his 5k Cross-country path, and he felt no need to take any precautions.

    • #5
  6. Gary McVey Contributor
    Gary McVey
    @GaryMcVey

    Great story, Navyjag! Keep ’em coming. 

    • #6
  7. Rodin Member
    Rodin
    @Rodin

    I was an Air Force JAG. Met a recently discharged Air Force dentist while I was in law school and he touted his tour. I was not interested in putting down roots yet, so I looked into both the Air Force and the Navy. When I contacted a Navy recruiter I asked what rank they started lawyers at and he said “Lieutenant”. I responded that the Air Force starts lawyers out as “Captains”. His response was, ” I know, I don’t know how they do that.” End of conversation. Of course when I arrived at Montgomery AL a few months later for new officer’s orientation I saw the poster of equivalent military ranks for the various services. Air Force captain = Navy lieutenant. Well, I probably would have gotten sea sick anyway.

    • #7
  8. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    Hey, navyjag, you must have cleaned it up a lot! The story was great and nothing turned me away. I’m glad I’ll get to read some after all! Although, sea snakes–yech!

    • #8
  9. navyjag Coolidge
    navyjag
    @navyjag

    Rodin (View Comment):

    I was an Air Force JAG. Met a recently discharged Air Force dentist while I was in law school and he touted his tour. I was not interested in putting down roots yet, so I looked into both the Air Force and the Navy. When I contacted a Navy recruiter I asked what rank they started lawyers at and he said “Lieutenant”. I responded that the Air Force starts lawyers out as “Captains”. His response was, ” I know, I don’t know how they do that.” End of conversation. Of course when I arrived at Montgomery AL a few months later for new officer’s orientation I saw the poster of equivalent military ranks for the various services. Air Force captain = Navy lieutenant. Well, I probably would have gotten sea sick anyway.

    Then I guess we are sort of even.  Also got accepted into Army ROTC and declined since I had no fun cleaning M-1s as a freshman.  But Air Force ROTC rejected me.  Had over 5 parking tickets. Guess that was a sign of bad  management. 

    • #9
  10. navyjag Coolidge
    navyjag
    @navyjag

    Susan Quinn (View Comment):

    Hey, navyjag, you must have cleaned it up a lot! The story was great and nothing turned me away. I’m glad I’ll get to read some after all! Although, sea snakes–yech!

    Mark and Max doing most of the cleaning. And they are not done yet. 

    • #10
  11. Some Call Me ...Tim Coolidge
    Some Call Me ...Tim
    @SomeCallMeTim

    Great story that brings back memories.  Keep ’em coming.  I’ve mashed your “follow” button so I don’t miss out on any.

    • #11
  12. Some Call Me ...Tim Coolidge
    Some Call Me ...Tim
    @SomeCallMeTim

    Did the Navy determine how the sailor came to fall off the ship?  An accident or mayhaps something more sinister as was wont to happen in the 70’s?

    • #12
  13. navyjag Coolidge
    navyjag
    @navyjag

    Yes. Weird story.  Kid was on a night watch stationed on a walkway below the flight deck.  Two of them.  Kid tells his pal he can jump up and put his rear on the top stanchion without using his hands.  Jumped too high and fell overboard. Recall one of the first U.S. deaths related to the 9/11 retaliation when U.S. forces were heading to Afghanistan was a sailor who fell off the Kitty Hawk in the Indian Ocean and was lost at sea.  Sailors falling overboard was common.  Most of the time they were saved. 

    • #13
  14. Captain French Moderator
    Captain French
    @AlFrench

    Landing  on USS Thomas Jefferson must be part of the fiction, as she was a submarine then assigned  to the Atlantic fleet.

    • #14
  15. navyjag Coolidge
    navyjag
    @navyjag

    It is. As I told Right Angles when she wanted to see the unredacted version will take someone on Google about two minutes to identify the ship and who I am. But figure I am too old to get cancelled. At least on this site. 

    • #15
  16. Some Call Me ...Tim Coolidge
    Some Call Me ...Tim
    @SomeCallMeTim

    A Marine fell off a carrier once, and no one missed him for a couple of days. He had been seconded to the ship’s aviation maintenance department. Both his squadron and the maintenance department thought he was with the other one. The ship turned around and found him.  He had kept afloat using his trousers as a makeshift life jacket just as he had learned in water survival school. 

    • #16
  17. AMD Texas Coolidge
    AMD Texas
    @DarinJohnson

    Some Call Me …Tim (View Comment):

    A Marine fell off a carrier once, and no one missed him for a couple of days. He had been seconded to the ship’s aviation maintenance department. Both his squadron and the maintenance department thought he was with the other one. The ship turned around and found him. He had kept afloat using his trousers as a makeshift life jacket just as he had learned in water survival school.

    Sounds like a sea story to me. Didn’t miss him for two days and then went back for him. I don’t think so. I say this as an ex-cruiser sailor. 

    • #17
  18. Captain French Moderator
    Captain French
    @AlFrench

    Some Call Me …Tim (View Comment):

    A Marine fell off a carrier once, and no one missed him for a couple of days. He had been seconded to the ship’s aviation maintenance department. Both his squadron and the maintenance department thought he was with the other one. The ship turned around and found him. He had kept afloat using his trousers as a makeshift life jacket just as he had learned in water survival school.

    I learned that trick in water survival. Fortunately never had to use it. But I bet I could still do it.

    • #18
  19. Some Call Me ...Tim Coolidge
    Some Call Me ...Tim
    @SomeCallMeTim

    AMD Texas (View Comment):

    Some Call Me …Tim (View Comment):

    A Marine fell off a carrier once, and no one missed him for a couple of days. He had been seconded to the ship’s aviation maintenance department. Both his squadron and the maintenance department thought he was with the other one. The ship turned around and found him. He had kept afloat using his trousers as a makeshift life jacket just as he had learned in water survival school.

    Sounds like a sea story to me. Didn’t miss him for two days and then went back for him. I don’t think so. I say this as an ex-cruiser sailor.

    Good call on throwing the BS flag on me. I wrote the story as I heard it without doing any research.  He did fall off the carrier at night and did survive for 36 hours using the trouser leg trick. However, he was discovered missing the next morning during muster.  They searched the ship and along their previous course, but did not find him. A Pakistani fishing boat picked him up. I would link to the story, but am on my phone and am not smart enough to figure out how to do that. 

    I usually don’t let facts get in the way of a good story, but you caught me. 

    • #19
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