The Shark Mutiny

The day of the court-martial dawned bright and warm. Shades in the white-painted courtroom were down, and the air-conditioning was humming. The long, curved mahogany table at which the panel would sit formed a shallow well in the room. And the deadly serious nature of the case was highlighted by twin flags of the United States of America, set immediately behind the five oak captain’s armchairs.

Between the flags, hung at an angle, was a ceremonial Naval sword, which would be used especially at this court-martial, reviving an old tradition. Its gold-plated brass hilt was set around a white fishskin-covered grip. The backpiece was surmounted by an eagle-head pommel. The 31-and-a-half-inch steel blade was encased in a hand- stitched black rawhide scabbard, with brass fittings.

Before the verdict was announced, it would be removed from the wall, unsheathed from its scabbard and placed upon the table. If the verdict was to be guilty, the sharp end would point directly at the accused officer. If he was to be judged innocent, it would be pointed away from him, toward the wall.

Aside from the five-man panel that would sit in judgment, there would be the two opposing lawyers, plus the observing Judge Advocate. Also permitted to sit in on the trial were the SEAL Commander-in-Chief, Admiral John Bergstrom, plus the Pacific Submarine Fleet Commander, Admiral Freddie Curran. There would be two regular court stenographers, officially recording the proceedings. Two armed Navy guards would be on duty at all times, with two more outside the door. Witnesses would be called into the courtroom but would not be permitted to remain after their evidence had been presented. No outsiders, public or media, would be permitted within a mile of the place.

At 0900 sharp, Lt. Commander Headley arrived with his defense counsel. They took their seats at the table set up for the accused man and began poring over the trial papers. In the following 30 minutes the witnesses arrived and were seated in a large anteroom along the corridor. Two Naval lawyers plus two guards were detailed to ensure that there was no discussion about the case, no possibility of corroboration between interested parties.

At 0930 the three Lieutenant Commanders, plus the much younger Lieutenant, walked into the courtroom from a private door behind the long table and took their seats. Captain Dunning, like his colleagues, in full uniform, arrived three minutes later, carrying a large leather binder, and sat in the center chair.

He wished everyone a formal “good morning” but wasted no further time. “Gentlemen,” he said, “please proceed with the case against Lieutenant Commander Headley, charged this thirteenth day of August with making a mutiny on the high seas, while serving in the nuclear submarine USS Shark on the morning of June seventh, in the Bay of Bengal…. Lieutenant Commander Jones…perhaps you would outline the case for the benefit of the court.”

The prosecuting counselor rose from his seat, a look of obvious concern upon his wide, frank face. He hesitated for a few moments, and then said, firmly, “Sir, it gives me no great pleasure to prosecute this charge, because I do not believe any of the parties acted in any way through self-interest. On the one hand we have a dedicated, experienced commanding officer concerned with the safety of both his ship and his men. And on the other we have an equally dedicated Lieutenant Commander desperate to save a team of U.S. Special Forces that was under attack.

“The facts are not in dispute. The Navy SEALs transmitted a cry for help, citing their Chinese attackers in hot pursuit with helicopters and heavy machine guns. Commander Reid’s view was that the helicopters were almost certainly ASW aircraft, and at least one of them would be armed with rockets, and that to bring USS Shark to the surface was tantamount to suicide, because of the threat both to the submarine and the crew. It was, in a sense, one of the oldest quandaries any CO can face — will I sacrifice a very small number of men, in this case eight, in order to protect one hundred ten men, plus a very expensive nuclear ship?

“Gentlemen, Lieutenant Commander Headley thought not. He thought he could save the SEALs, and he rallied the senior officers to his cause. Despite the protests, indeed the orders, of his Commanding Officer, he seized control of the ship. He arrested the CO under Section one-zero-eight-eight of Navy Regulations and had him marched off under escort to his cabin, where he was incarcerated. And then the XO went in and successfully saved the SEALs under the most gallant circumstances.

“But I submit we are not here to assess gallantry; we are here to assess right and wrong. And I quote now the regulation that governs the actions of Lieutenant Commander Headley on that most fateful morning.

“Naval Regulations, one-zero-eight-eight. The Relief of a Commanding Officer by a Subordinate:

1. It is conceivable that most unusual and extraordinary circumstances may arise in which the relief from duty of a commanding officer by a subordinate becomes necessary, either by placing the CO under arrest, or on the sick list. Such action shall never be taken without the approval of the Commandant of the Marine Corps or the Chief of Naval Personnel, as appropriate. Or the senior officer present, except when reference to such higher authority is undoubtedly impracticable, because of the delay involved, or for other clearly obvious reasons.

2. In order that a subordinate officer acting upon his or her own initiative may be vindicated for relieving a commanding officer from duty, the situation must be obvious and clear, and must admit of the single conclusion that the retention of command by such commanding officer will seriously and irretrievably prejucice the public interest.”

Lieutenant Commander Jones paused, and then continued, “The Section is quite detailed but I mention the salient points, that the subordinate officer so acting must obviously be unable to refer the matter to a common superior, and must be certain that the prejudicial actions of the CO are not caused by instructions unknown to him. He plainly must have given the matter much careful consideration, and — this is important—have made such exhaustive investigation of all the circumstances as may be practicable.

“The final paragraph in this area is one with which I take the gravest issue: that the officer must be thoroughly convinced that the conclusion to relieve the CO is one that a reasonable, prudent and experienced officer would regard as a necessary consequence from the facts thus determined to exist.

“I intend to convict Lieutenant Commander Headley on the words of that last paragraph, and I call Commander Reid as the first witness for the prosecution.”

The doors to the court were opened, and the former CO of USS Shark walked into the room. He was immaculately dressed in uniform and made his way to the witness chair, which had been placed on the left-hand side in order that witnesses could address both the panel and the examining lawyers.

The Judge Advocate rose and walked across to ensure that the oath was taken correctly. With his hand on the Bible, Commander Donald Reid calmly swore to tell the truth.

After the briefest of identification procedures, Locker Jones went straight to work.

“And on the morning of June seventh, were you startled to find your ship was moving fast at periscope depth in flagrant defiance of your most recent orders?”

“I was.”

“And where were you at the time?”

“I was in my cabin. The XO had the ship.”

“And what action did you take?”

“I returned to the control room immediately, and I ordered Lieutenant Commander Headley to turn the submarine around and to return to our rendezvous point, the place defined in our orders, sixteen degrees north, ninety-four-zero-one east.”

“And did he carry out your orders?”

“No. He did not. He refused.”

“For what reason?”

“He said he was on a mission of mercy to save the very small team of Navy SEALs — only eight of them, I believe.”

“And how did he propose to do this?”

“He said he was taking the submarine on the surface at flank speed in order to effect a rescue.”

“And were you able to approve this?”

“Certainly not. No commander of a nuclear submarine takes his ship to the surface in the face of the enemy. It’s one of the oldest rules in the book. No one does it.”