Confessions of A Middle Aged Retired Military "Felon"
Judge William O'Neill
11th District (
Ohio) Court of Appeals

Note: This story ran in the News Herald and Youngstown Vindicator

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I recently read with horror the story of the
Ohio soldiers who have been court martialed and jailed for the criminal activity of "stealing" government property to complete their war time mission.  Apparently they "liberated" some truck parts and used them to complete their mission.  I don't get it.
You see, as a retired Army Officer and
Vietnam veteran, I don't understand what they have done wrong.  Stealing from the government to complete a war time mission is a practice so old it probably dates back to George Washington's time.  We need to immediately investigate the ownership of the boat Washington used to cross the Delaware River!  Was it paid for?  Was the title properly notarized before he used the vessel to sneak up on the sleeping British soldiers?  This is a crime that cries out for a bureaucratic investigation of the first order.


In defense of today's soldiers I believe a little honesty on the part of my generation is needed.  And it should start with my confessing to a crime which occurred in
Vietnam in February, 1971. But let's continue with definitions first.  "Scrounging" is and always has been a noble Army tradition.   It is defined as the art of finding what you need to complete your mission by whatever method works.  It is not a fine science, but it is a practice as old as the military itself. 


The small five-man unit I had the privilege to command in 1971 had been "dispatched" to travel overland north to the DMZ and then West to the Laotian border. We were "attached" to the 101st Airborne Division as they "supported" the Vietnamese Army's final, and fatal, incursion into
Laos.  Attached, dispatched and supported are nice words which look good in reports, but sometimes reality and reports don't match.


We had left DaNang in our beloved Korean War vintage Dodge truck but it was monsoon season and the canvas on the back of the truck was missing.  By definition, that makes for a very wet trip.  As any Army person knows, when a piece of canvas is missing, you have two choices.  You can "requisition" its replacement and remain wet; or you can "scrounge" one and continue on your mission.  In fine Army tradition we "found" a piece of canvas and supporting bows  which were then "liberated" from the top of a sailboat which truly had been "stolen" from the Navy compound several years earlier.  By the way, even Army scroungers have rules.  As we left for the North, the specific instructions we gave to the "new kids" were the same ones we received:  "The last person out of DaNang was to burn the stolen sailboat lest it fall into the hands of strangers or the Navy."?but I digress.


Somewhere between DaNang and the Laotian border we fell behind the convoy and found ourselves in deep sand.  Yes sand, like you would imagine in the
Sahara desert.  And our fully loaded Dodge truck simply ceased to function, for the "transfer case" had failed, and four wheel drive was to be no more.  Now to mechanical types, this may not have seemed like a big deal.  But to my drivers Jim, Dean and I, it was a big deal indeed.  When you are on foreign soil in a war zone, surrounded by people who do not wish you well, and your mission changes from "supporting" someone to staying alive, a broken vehicle can command all of your attention.


Our unit of five souls, with less combined mechanical skills than your average knitting class, found ourselves with a dilemma not usually addressed in Army memos and manuals.  Our choices were simple.  Get the vehicle moving again or learn a foreign language quickly.  They say God takes care of fools and drunks, and I have proof they are right.


As I said, by this time we were not only behind the invasion, we were behind the support unit behind the invasion!   And then luck played its role, as it always must.  We literally found an "abandoned" Army outpost in a place called Quang Tri.  Abandoned because everyone had left to "support" the invasion west of Khe Sahn.  But not deserted.  For in the middle of the compound we found a make-shift garage with shelves full of government parts. No people.  Just parts and tools. And lo and behold we located what clearly looked like a Dodge transfer case, which in today's market would have a value in the $2,000 range.


Over a case of Budweiser which we always carried for emergencies and driven by the
midnight oil, we were able to strip all the bad parts off our truck and replace them with shiny new ones from that lonely abandoned garage.  I will never forget that night of personal and mechanical discovery.
In the morning we were once again on the way to complete our mission.  But in reflection, I now see that I, as the Officer in charge, have clearly been guilty of a felony for all these years.  We stole those parts!  I need to find Donald Rumsfeld's phone number so that I can turn myself in.


Amusing? Maybe.  But in reality, the story is tragic.  For that was then, and this is now. Donald Rumsfeld says you go to war with the Army you have, not the Army you want.  And I say, how dare you, sir.  Placing volunteer soldiers in jail for doing their job is a national disgrace.  It is time we all?every one of us?start asking the hard questions.  Like who is minding the store?  Free those soldiers and let them return to civilian life with the benefits they have earned.


One last thought.  The Army certainly has the right to fire any soldier that does not perform up to their "expectations."  So do it.  But good luck finding a replacement.  Maybe you could "requisition" a whole new generation of bean counters.  But you won't get your mission done.  History is on my side.

Judge William O'Neill
119 Waverly Lane
South
Russell, Ohio 44022

(440)  897-1286


Editor's Note:  Judge O'Neill currently sits on the 11th District Court of Appeals in
Warren, Ohio; and retired from the Ohio National Guard in 2001 with the rank of Lieutenant Colonel.  His son Shawn Patrick is currently on active duty as a Loadmaster on a C-130 with the Air Force Reserve from Youngstown

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