Besieged and Imprisoned

The court-martial of a Marine at Khe Sanh results in a method of confinement that reflected the unique circumstances of that battlefield.

By Peter Brush

By mid-February 1968, enemy artillery, rocket, and mortar attacks against the Marines at the Khe Sanh Combat Base had become a daily occurrence. The base was surrounded by an estimated 15,000 to 20,000 North Vietnamese troops. A ground attack was anticipated and the perimeter was heavily guarded. In spite of the large volume of artillery fire, both incoming and outgoing, a Marine on sentry duty was found sleeping on post. He was also suspected of marijuana possession. The commanding officer of 1^st Battalion, 26^th Marines convened a special court-martial. The lawyers assigned were Captain Harry Shorstein (3d Marine Division) and Captain Robert Wachsmuth (FLC).

Shorstein flew to Khe Sanh as a passenger on a C-130. The airplane landed under heavy artillery, rocket, and mortar fire. Wachsmuth arrived later, the only passenger on another C-130. Wachsmuth noted, “the crew warned me that when they touched down, we would immediately receive incoming mortar fire. I was instructed to run down the [rear facing] ramp after all the cargo had been off-loaded, as the aircraft would only be [making a] touch-and-go, i.e. a ‘rolling stop.'”

Upon completion of the investigation, the trial was held in the underground command bunker of the 26^th Marines. The accused was found not guilty of marijuana possession, and guilty of sleeping on post.

Sleeping on post is considered a serious offense, especially in time of war. Typical punishment includes reduction in rank, forfeiture of pay, and confinement. In Vietnam, confinement meant jail time in the III MAF brig in Danang. Prisoners in the brig would get three meals per day, sleep in bunks, and have access to showers. The 1/26 Marine was sentenced to reduction in grade and forfeitures, but not sent to the safety of the brig. He was not “allowed to escape the confines of Khe Sanh.” In effect, the North Vietnamese were his jailers.