Sonoran Desert Digest

¹DD form 1300 at the Coffelt Database and the Virtual Wall identify Company D, 1^st Battalion, 5^th Cavalry as PFC Dowdell’s Unit of Record on Date of Loss.

²The Coffelt Database and the Virtual Wall identify Headquarters Company, 1^st Brigade, 1^st Cavalry Division as SP4 Barlow’s Unit of Record on Date of Loss

In a shady meadow green

Are the Souls of all dead Troopers camped,

Near a good old-time canteen.

And this eternal resting place

Is known as Fiddler's Green.

Excerpt from

Fiddler's Green

"A Cavalryman's Poem"

Monday, January 2, 2017

Delta Company in Operation Pegasus - Relief of Khe Sanh

Delta Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division, air assaulted into the highlands west of Khe Sanh in April 1968, part of Operation Pegasus. The Battalion's Daily Journals that would normally be the best source for where we were and what we did there are missing, but the Division’s survived. From the 167 pages of the 1st Cavalry's Operations Staff Section (AC of S, G3) covering Operation Pegasus, we've been able to reconstruct most of Delta’s experience.

Operation Pegasus, the Relief of Khe Sanh, jumped off at 0700 on 1 April 1968, when John J. Tolson, Commanding General of the Army's 1st Cavalry Division, sent two Marine Battalions into the attack west along Highway 9 toward Khe Sanh Combat Base, where the 26th Marine Regiment had been under siege by 3 NVA divisions for 11 weeks. With over 400 helicopters, the 1st Cavalry Division (Airmobile) could attack "over the top" so after the morning weather cleared enough for air operations, that's what it did, sending its entire 3rd Brigade air assaulting into "landing zones" commanding the high ground along the Highway 9 corridor.

Over the next few days, the Marines fought their way westward against light opposition while engineer units restored the highway behind them. The Cav’s 3rd Brigade attacked further west and south from LZ’s Mike and Cates, bracketing Route 9. On 3 April, one day ahead of schedule, 2nd Brigade, 1st Cavalry air assaulted into the battle, establishing LZ’s Tom, Thor, and Wharton even further west toward KCSB.

The 1st Brigade, of which Delta was a part, did not enter the battle until 5 April; before that the company was working to the west of Quang Tri. On 2 April at 0632, 2nd platoon’s 1st squad received small arms fire while returning from an overnight ambush. A few minutes later (0707), a returning squad on the far side of the perimeter tripped a booby trap; 2 were medevac’d. Later that morning Delta found two dead enemy soldiers, and a Tokarev 7.62 mm pistol. Early that afternoon Delta air assaulted into a “green” LZ at YD279492 and soon found a cache of rice, 2 rifles, TNT, and ammunition. There’s no mention of the company–or of the 1/12th–over the next two days; we assume the battalion was being extracted to LZ Sharon just east of Quan Tri City in preparation for joining pegasus. Sharon took 25 rounds of 82mm mortar fire the night of the 4th, likely interrupting Delta’s short rest.

The morning of 5 April, 1st Battalion 8th Cavalry, which would lead the two-battalion air assault into

LZ Snapper was lifted to the staging area at LZ stud (Ca Lu). (Delta’s 3rd Platoon, took a side trip at noon to YD209408 to secure a ¼ ton trailer “dropped from an aircraft,”)

1/8th lifted out of Stud at 1300 on the first combat assault into the mountains between Khe Sanh and

1st Battalion, 8th Cavalry and 1st Battalion, 12th Cavalry,
1st Cavalry Division establish LZ Snapper on 5 April, 1968

the Laotian border to establish Snapper at XD841345 . Fifty minutes later, the first elements of 1/12th were also in the air on the way to a “green” LZ. Barely an hour and half later, the two infantry battalions, along with two artillery batteries, two Quad 50’s, a searchlight, and a bulldozer were on the ground. Thirty-four more sorties were flown by twelve CH47 Chinook helicopters before dark.

While others dug into the slopes of snapper, B & D 1/12th, moved west into the AO (Area of Operations), where B received small arms and mortar fire at 0500 the next morning. Two were wounded, but not medevac’d. At 0945 Delta found 4 NVA bodies with weapons and equipment 800 meters WSW of Snapper. Documents confirmed this was the AO of the 24th Regiment, 304th Division, Peoples Army of Vietnam (PAVN, or, more colloquially, NVA). At 1915 Delta, at XD833373, having moved 3,000 meters north since 0945, discovered a 37mm anti-aircraft gun with 200 rounds of 37mm ammunition and 5,000 rounds of 12.7mm (.51 cal.).

On the morning of the 7th, 300 meters further north, Delta found B40 rockets and 82mm mortar rounds; a few minutes later, an NVA body “w/steel pot [helmet] and SKS [rifle].” Ten minutes later there’s another cache, with ammunition and “400 new shovels.”

It’s a giant scavenger hunt. It was also a strange, eerie place. 1/12th ‘s B Company reported a “dead dog in bunker.” The next day, “B 1-12 reports the dead dog has moved to a new location.”

The morning of the 8th Delta was “moving in the N [north] portion of AO across red ball [route 9] coordinated w/little people [ARVN ABN task force] who are to the W [west].” Only 400 meters WNW from our overnight position we walked into our first, and only, firefight in Operation Pegasus. The Division’s Journal: “D 1-12 XD829379 0941H made contact w/en sqd. Contact broke at 1030h 5 us wia medevac completed at 1029H. Delta was engaged by AW & SA fire from 4 to 5 positions when moving west two platoons on line. The terrain was forest, relatively open at the ground. In the area were many bunkers, most of them storage for ammunition and other equipment. The enemy fled as we advanced, excepting one wounded NVA soldier who remained, but soon died. A search of the contact area confirmed 3 more NVA KIA.

Delta joined Alpha and Bravo in a night defensive position on high ground 800 meters south of its

3rd platoon, Delta Company, 1st Battalion, 12th Cavalry, 1st Cavalry sorting
weapons from an NVA supply depot found near Khe Sanh, 9-10 April 1968

contact. The following morning, the 9th, we again crossed Route 9, and 400 meters further north found the cache pictured here. Included were 5 mortars, 6 machine guns, 1 recoilless rifle, 54 rifles, 2 pistols, medical supplies and ammunition. Nearby was a “large grave w/50 bodies dumped in a pile.”

The 1st Cavalry began withdrawing from Pegasus on the 9th, with 1st Brigade HQ, 1/8th, and A Battery 1/19th Artillery off Snapper to Sharon at Quang Tri on the 11th.

Delta was OPCON (Operational Control) to 2nd Brigade on the 10th, and returned to LZ Snapper on the 11th. The 1/12th’s other companies continued the attack west along route 9 to the Lang Vei Special Forces Camp, overrun by the NVA 24th Regiment, 304 Division and the 198th Tank Battalion (PAVN) in February. The camp was in the hands of 1/12th troopers on 12 April. The 1/12th returned to the Quang Tri AO early on 15 April, arriving just as Operation Pegasus officially ended at 0800.

Monday, August 29, 2016

The Responsibility of a Public Platform

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - The First Amendment to the Constitution of the United States of America, 1791

Take note of the first five words of the 1^st Amendment, “Congress shall make no law...” Keep them firmly in mind.

This is not only about being wrong, but being arrogantly wrong, as was Tre Wingo today on ESPN's when he introduced the controversy arising from Colin Kaepernick's political demonstration at his employer's place of employment, and in his employer's uniform. Wingo introduced the segment on the show today, by saying, “Let's get one thing out of the way, Colin Kaepernick had every right to do what he did over the weekend, and anyone who does not accept that does not understand the Constitution of the United States, Freedom of Speech, or Democracy.”

The NFL's 49'ers issued a statement saying “..we recognize the right of an individual to choose to participate, or not, in our celebration of the national anthem...” In so doing they (probably with no idea) made a new statement of policy for themselves and their employees, at least as far as public demonstrations at the place of employment is concerned.

Both the 49'ers and Wingo seem to believe that the 1^st Amendment grants an “unfettered right” to say anything or act in any way without regard for your employer's right to employ you...or not, as does a large number of the public. For proof that they should know better one needs look no further than the league's ability to prescribe the uniform to be worn and to fine anyone who might put an “unauthorized” patch or statement on it. I am not sure how they blithely say they recognize the right to demonstrate in disrespect for our flag and anthem at the same time they so righteously defend the sanctity of a football jersey...but perhaps that's a who other discussion.

Although there have been some expansions of meaning, largely by their extension to the “several states” and to public institutions that have some association to the federal government (like taking money), the first ten Amendments to the Constitution (the “Bill of Rights”) do not generally apply to the daily lives of private individuals, nor to the conduct of entirely private organizations, but rather to what the federal government may and may not legislate...or “do.”

Jeannette Cox is a professor of law at the University of Dayton School of Law. She specializes in disability law and employment discrimination law. On the web site of the American Bar Association, she writes:

“Can your boss fire you for expressing your views on social policy, participating in a political party, or donating money to an unpopular political cause? Polls indicate that many Americans believe the answer is no. After all, the right to free speech is among our most deeply ingrained civic values. We repeat, and cherish, the aphorism: 'I can say what I like. It’s a free country.'

“In reality, however, American employees’ free speech rights may be more accurately summarized by this paraphrase of a 1891 statement by Oliver Wendell Holmes, Jr.: “A employee may have a constitutional right to talk politics, but he has no constitutional right to be employed.” In other words: to keep your job, you often can’t say what you like.

“If this use of economic power to punish speech sounds un-American, remember that the First Amendment limits only the government’s ability to suppress speech. It provides that “Congress shall make no law . . . abridging the freedom of speech.” Courts have extended this prohibition to all federal, state, and local government officials but have consistently emphasized that the First Amendment’s strictures do not apply to private-sector employers. Accordingly, the only people who enjoy First Amendment protection vis-à-vis their employers are people employed by the government.”

I accept that many don't understand this, given that the usual description of the exception is the old chestnut about yelling fire in a theater, leaving the impression that you have the right to say anything short of that, and say it anywhere other than that fictional theater. What is tiresome is the all-too-often pronouncement “rightness” immediately before saying something stupid. The Responsibility of a Public Platform? Know what it is you are hired to know and stick to it. Wingo should abjure constitutional commentary and stick to football.

Tuesday, July 5, 2016

"Our view that no charges are appropriate..." But...

The following in their own words

An Investigation or a Review?

Hillary Clinton: "I am not being investigated. The FBI is conducting a routine security Review."

Director Comey: Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

The Law

18 U.S. Code § 793 - Gathering, transmitting or losing defense information

(e) Whoever having unauthorized possession of, access to, or control over any document, [a long list], etc., relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or

(f) Whoever, being entrusted with or having lawful possession or control of any document...or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer...Shall be fined under this title or imprisoned not more than ten years, or both.

The Definition

Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm. An extremely careless action or an omission that is willful or reckless disregard for the consequences to the safety or property of another.

Securing Sensitive Information

Hillary Clinton: "I fully complied with every rule I was governed by."
"The system we used was set up for President Clinton's office and it had numerous safeguards..so I think that the use of that server...proved to be effective and secure.” (Does not refer to "President Clinton's" server when he was in office, rather his server at Chappaqua.)

Director Comey: There is evidence that they [Secretary Clinton or her colleagues] were extremely careless in their handling of very sensitive, highly classified information.

Possible? Or Probable?

Hillary Clinton: "There were no security breaches."

Director Comey: [Secretary Clinton] also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.

Classified Information and Documents

Hillary Clinton: “I never sent or received anything marked classified.”

Director Comey: Seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. In addition to this highly sensitive information, we also found information that was properly classified as Secret by the U.S. Intelligence Community at the time it was discussed on e-mail (that is, excluding the later “up-classified” e-mails)

Is That Irrelevant Anyway?

Director Comey: [Although] Only a very small number of the e-mails containing classified information bore markings indicating the presence of classified information. But even if information is not marked “classified” in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it.

Hillary Clinton: "All work-related emails were turned over to the State Department."

Director Comey: The FBI also discovered several thousand work-related e-mails that were not in the group of 30,000 that were returned by Secretary Clinton to State in 2014.

Off the Hook?

Director Comey: Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions.

Another Definition

Lie (noun)
1. a false statement made with deliberate intent to deceive; an intentional untruth; a falsehood.
2. something intended or serving to convey a false impression
3. an inaccurate or false statement; a falsehood.

Synonyms: prevarication, falsification.
Antonym: truth.

The Law

Title 18, United States Code, Section 1001

[It is] a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. ("within...the...judicial branch" includes "to" the Federal Bureau of Investigation.

Consequently, it's unlikely any of the above statements were repeated in the interview of the Secretary on Saturday, July 2, 2016.

Remember, it is not a crime to lie to the American People. Perhaps the framers believed the American People have the recourse of the ballot for such miscreants.

Prevarication, Spin, Parsing? Or Plain Spoken Truth?

Here's candidate Hillary's story:

https://www.hillaryclinton.com/briefing/factsheets/2015/07/13/email-facts/

The complete FBI statement:

https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b.-comey-on-the-investigation-of-secretary-hillary-clintons-use-of-a-personal-e-mail-system