The BLTS Archive- Dereliction of Duty
by Isla (islaofhope@aol.com

---

Disclaimer:  Star Trek and its characters all belong to Paramount,
Viacom, and Rick Berman.  I'm just borrowing the characters for a
little while.  This is fan fiction.  I won't make any money from it.

This is my first K&S story.  All of my others are K/S, so I'm leaning
heavily on my betas, Jat Sapphire, Roisin, and T'Aaneli. Not ready to
work without a net on this one.

Okay to archive, but please contact me before archiving anywhere
except ASCEM.

Please send feedback.  Both positive and negative feedback is welcome.

---

Kirk looked up with a welcoming smile.  He had just buzzed Spock into
his quarters the day after the Enterprise left the diplomats at the
conference on Babel.  "Thanks for joining me for breakfast, Spock.  I
don't mind too much that McCoy confined me to quarters for a couple of
days - I have plenty to keep me busy - but it gets a little lonely
being stuck in here all day."  He gestured to indicate that Spock
should sit down.

"Understood, Captain."

"I just want to check my messages, and I'll be right with you."  His
eyes were on the screen as he handed Spock a cup of tea.

"Here's a message from you.  What did you send me a message about?"
Because it appeared to be a rhetorical question, Spock said nothing.
"What the...?"

The Vulcan half-rose from his chair when he saw his captain's face
lose all color.  Kirk had turned as pale as he had been three days ago
when he had nearly fainted in Sickbay. "Captain, you appear to be
unwell.  Shall I call Dr. McCoy?"

Kirk's color went from pale to rosy as his eyes flashed with anger.
"Never mind about McCoy.  I just want to know what the hell this is."

"I believe that I was clear.  I am requesting a transfer off the
Enterprise, sir."  Spock berated himself for not waiting until his
captain had fully recovered before he had submitted his request.  He
had determined that it was best to act quickly, rather than allowing
himself a period during which he might lose his resolve to do what he
must.  It had not occurred to him that his captain would have such a
strong emotional and physical reaction to the request.

"Why, Spock.  I thought - "  Kirk paused and rubbed his hand across
his  forehead.  A sure sign of a headache.  "Would you mind telling me
why you want a transfer?"

"The events surrounding the Vulcan ambassador and his wife's presence
on the Enterprise have made my request necessary."

"Your parents?  Is there some reason that your parents do not approve
of you serving on this ship?  Or with me?"  Kirk didn't wait for an
answer, but plunged ahead.  "I could maybe see that they'd talked you
into resigning from Starfleet to go back to Vulcan, but that's not
what this is.  You've requested a transfer."

Spock realized that he was a fool.  He had not considered how his
captain would interpret his request: as a rejection of him and their
friendship.  But it was true.  He did wish to reject Kirk's
friendship, but it was not because he did not value it. "No, Captain.
My father did not ask me to resign from Starfleet.  He is very aware
of the debt of gratitude that he owes you.  He would not attempt to
persuade me to leave."

Kirk's face revealed no emotion.  "I thought Vulcans believed that
gratitude is illogical."

"Nonetheless, Sarek is aware of the debt he owes you."  Spock paused.
"As am I."

"Well, that's just lovely."   Kirk's tone was so filled with sarcasm
that Spock couldn't help raising his eyes to meet his captain's.
"You're just so brimming over with gratitude that you can't wait to
get off my ship."

"Captain, I must explain."

Kirk sat back in his seat with his arms folded, his sudden stillness
more menacing than his flash of anger. "Yes, Mr. Spock.  Please do
explain.  Explain why you are so eager to break up an efficient
command team and to renounce our friendship.  After seeing your
family, have you remembered that Vulcans do not feel friendship?"

"It is necessary.  I cannot allow that friendship to interfere with
your  command."

"What is that supposed to mean?"  Kirk leaned forward, his palms flat
on the table.

"Your decision to relieve me of command when you were unfit yourself
was not logical.  You made the decision out of friendship.  You
jeopardized the ship and your passengers for me.  I cannot allow that
to happen again."  Spock's voice had started out strong and firm, but
had gradually grown softer until Kirk had to strain further forward to
hear the last sentence.

Kirk opened his mouth to respond, but, at that instant, they both felt
the ship heel sharply to port.  "What the...?"  Kirk slapped the
intercom button.  "Bridge, this is Kirk.  Report."

"Captain, we are investigating."  Lieutenant Uhura's voice was
absolutely level; she spoke clearly and distinctly in order to be
heard over the wail of klaxons.

A slight pause.  "Sir, Mr. Scott just called.  He has an unidentified
problem in Engineering.  He requests your presence there immediately."

"Tell him I'm on my way."  Kirk jumped to his feet.  "Spock, I want
you on the bridge.  I'll call you from Engineering with a status
report."

Spock automatically rose to his feet to follow Kirk out into the
corridor.  "Captain."  Kirk turned.  "Sir, you are on light duty.  Dr.
McCoy's orders - "

"Fine, Mr. Spock.  You can report me to Starfleet for another instance
of dereliction of duty.  Meanwhile - "  He paused and his eyes lit up.
Spock suspected that he'd experienced one of his leaps of intuition,
so he waited patiently for Kirk to continue, but Kirk simply said,
"Meanwhile, I'm still the captain and you're still my first officer.
I expect you to obey my orders."

"Certainly, sir."

The ship heeled to port again and both grabbed at the wall to keep
from  falling. "I'll contact you on the bridge, Mr. Spock."  Kirk took
off at a dead run towards Engineering.

---

"Scotty, is this related to the beating we took during the Orion
attack?" Kirk picked up the padd, examined the readings, and then
handed it to the engineer.

Scott placed the padd on his desk, and led Kirk back out into the main
Engineering deck.  "Aye, Captain, but now that we've identified the
problem, a trained monkey could fix it."   Now that the crisis seemed
to be past, Kirk allowed himself a faint smile and considered making a
comment about how much Scott's new junior engineer resembled a
gorilla.  He discarded the comment as inappropriate - especially with
the young man within earshot.  Kirk ran a hand through his hair.
"Okay, Scotty, I'll take your word for it.  Let me know if you need
anything."

Kirk started for the door, but then he remembered the other crisis
that still existed: Spock's transfer request.  He had an idea how to
deal with that.  It was a little unconventional, but... He turned to
look at his chief engineer.  "If you're not needed for the repair, I
do have another matter that requires your attention."

"Sir, I dinna say that..."  Kirk realized that Scott wanted to
supervise the repairs personally, but the engineer had said that they
were minor, and he did need Scott for his little scheme.

"Scotty, you did say that your people could handle it.  Remember
Command's last inspection?  We talked about trusting our junior
officers."

"Aye, Captain."

Standing up very straight and thrusting his hands behind his back,
Kirk said, "Mr. Spock has requested a board of inquiry.  I need my
senior officers to appear."

"Mr. Spock requested a board of inquiry?  Why, Captain?"

"He has questions about my decision to check myself out of Sickbay to
take command when we were under attack from the Orions."

Scott's jaw dropped.  "I canna believe that Mr. Spock would do such a
thing."    "Spock has questions about whether his captain acted
improperly, so he's  doing his duty as first officer."  Kirk shrugged.
"I'd like to get it over with, so I'd appreciate it if you'd go see
him to schedule the thing.

"If you say so, Captain."  Scott looked miserable, but Kirk didn't
spare him another glance before he walked out the door.

---   Spock turned in his chair at the science station to gaze at Mr.
Scott.  "I do not follow you, Engineer.  To what board of inquiry do
you refer?"  Spock kept his voice as low as the engineer's

Scott shifted from one foot to the other.  "Sir, the captain wants to
get this out of the way.  He doesna seem annoyed; he says you're just
doing your duty.  Off the record, Mr. Spock, I think you're making a
big mistake.  After all, as I understand it, if Captain Kirk hadn't
done what he did, your father would have died.  As it is, he saved the
ship and every man and woman aboard."  Scott lowered his voice even
further.  "Can't I persuade you to change your mind, sir?"

Spock turned further in his chair to look at the back of Kirk's head.
The captain had invented the board of inquiry to which Mr. Scott
referred.  Why would he not have discussed this with his first officer
directly?  No doubt, he had his reasons to desire this inquiry - he
generally had good reasons for whatever he did.  Spock would comply.
Perhaps this turn of events would strengthen Spock's resolve to
transfer off the Enterprise.

"Very well.  If the captain wishes us to expedite this matter, we will
schedule it for this afternoon.  I will contact the relevant
witnesses.  The hearing will commence at 1500 in Briefing Room Two."

---

McCoy tugged at the collar of his dress uniform.  This time that
green-blooded, walking computer had gone too far.  He watched an
expressionless Jim Kirk take a seat at the front of the room.  Then he
glanced around at his fellow officers.  Scotty, Uhura, and Sulu all
looked shell-shocked.

Even Spock looked uncomfortable.  "Dr. McCoy, I will begin with you."

It was a damn peculiar situation: Jim at one end of the room and a
panel of his officers acting as his accusers at the other end.  McCoy
glared at Spock. "Yes, Commander.  What do you want to know?"

"Was Captain Kirk fit for command when he returned to the bridge on
the date in question?"

McCoy shifted in his chair. "Now that's an interesting question for
you to ask me, Spock.  Don't I have the right to refuse to implicate
myself?  If Jim wasn't fit to return to duty, shouldn't you be trying
me for dereliction of duty in letting him return to the bridge?"

Spock and McCoy both turned at Jim's sharp intake of breath.  The
stricken look on his face bothered McCoy.  Hell, Jim probably didn't
belong on duty even now.  He hadn't been out of Sickbay for that long,
and his internal injuries had been aggravated by the jolting he'd
taken on the bridge during the battle.  The experience of having his
best friend bring him up on charges wasn't helping any.

Then he saw Spock and Jim's eyes meet briefly in a wordless
communication.  McCoy wondered...it would be just like Jim to not be
annoyed with Spock about an inquiry about his command performance, but
as soon as his chief medical officer was implicated...

Spock turned back.  "No, Doctor, it is not the board's intention to
bring charges against you.  It is understood that the captain put you
in an impossible situation."

McCoy's inward satisfaction that he'd read Jim correctly made him grin
briefly, but his expression was serious again when he said, "I don't
know what you're trying to prove with this, Spock.  You're absolutely
right.  Jim belonged in Sickbay, but every man in this room has seen
Jim stay in command when he was in worse shape than that."

"That will be all, Doctor."

McCoy opened his mouth to say more, but decided against it.  He sat
back with a discontented grunt.

"Lieutenant Uhura, what was Captain Kirk's first action when he took
command?"

Uhura met Spock's eyes coolly.  "He asked me to call Mr. Scott to the
bridge."

"He intended to relinquish command to Mr. Scott?"

"I don't know, sir.  We were fired upon, and he immediately canceled
the  order."  Uhura described the battle, ending with, "No, he didn't
look well, but, as Dr. McCoy has pointed out, I've seen him stay on
the bridge in worse shape than that.  He left the bridge under his own
power after we secured from general quarters."

"That will be all, Lieutenant."

Spock turned to Sulu.  "Lieutenant Sulu, please describe the captain's
actions on the day in question."

Sulu's description was more technical than Uhura's.  He ended his
testimony by saying, "When he first arrived, he looked as though he
were in pain, but once we went into battle, it wasn't noticeable."

"Mr. Scott, do you have any additional observations?"

The look that Scotty gave Spock was bewildered.  "I wasna on the
bridge, sir.  I spoke to him on the intercom, but I could na determine
if there was anything amiss.  He seemed his usual self."

Spock clasped his hands behind his back.  "Is it not true that shortly
after the battle, you assumed command?"

"Aye, sir."

"What were you told concerning the captain's condition?"

"The doctor told me that he was in critical condition, and you weren't
in any shape to resume your duties.  Not for another 24 hours."
Scotty dropped his eyes to the table as soon as he finished speaking.

McCoy glanced from Spock's to Jim's expressionless faces.  "Jim was in
much worse shape after the battle than he was when he first left
Sickbay."  He half-expected Spock to rebuke him for speaking out of
turn.  McCoy didn't really understand all the protocol for these
things.    

"Very well."  Spock barely glanced at McCoy before he turned to face
Jim.  "Captain, the testimony of your officers appears quite clear.
Although your physical state of health seemed to indicate that you did
not belong in command, your performance was more than adequate to the
situation when you successfully defeated the Orions.  Do you have
anything you wish to add?"

Jim met Spock's eyes coolly.  "I do.  I don't believe that my
performance was in question.  What you questioned were my motives,
Commander."  Suddenly, it appeared as though the two of them were
alone in the room.  "It would be easy to argue that I was fit for
command at that moment.  My success in the battle was proof of that.
But, as I'm sure you remember, when I came to the bridge, we were not
in a battle situation.  We still had no idea of what we were up
against."

"Captain, you are further implicating - "

"The risk that I faced when I took command that day was not that I
would be able to stay upright long enough to fight this one battle.
The risk was that I would not be able to command effectively during
the entire time that you were incapacitated by your contribution to
your father's surgery.  And I freely admit that if the situation
hadn't resolved itself as swiftly as it did, I would most likely have
put Mr. Scott in command and gone to my quarters to rest - with
instructions that I would be called if the situation deteriorated."

Spock swallowed visibly.  "Surely, Captain, you would agree that there
was no logic in assuming command when you knew that your next action
would be to relinquish that command to another."  He looked at Scotty.
"I trust that you will not be insulted, Mr. Scott, when I say that
given the situation, I was the logical person to retain command given
the unknown nature of the situation."

"I took a calculated risk, Mr. Spock."  Jim's quiet voice cut through
the silence in the briefing room.  "I knew very well that there was a
chance that I was too ill to stay on that bridge, but I also knew that
you could not stay there."

"Why, Captain?  Because only I could save my father's life?  Surely,
you must agree that such considerations do not justify my
relinquishing command.  Not in the situation that the Enterprise was
in at the time."  McCoy was surprised by what looked like pain in
Spock's eyes.  He could be wrong, but...

Jim's voice was quiet, but his facial expression was forceful, and his
eyes sought Spock's, held, and would not release him.  "Because,
Commander, only you could save the life of the Vulcan Ambassador.  You
have been so busy thinking of him as your father, that you failed to
take into account how valuable he is to the Federation.  I did take
that into account when I made my decision."

"I did not..."  Spock flushed slightly, but before he could complete
his  sentence, the ship heeled slightly to port.

Jim was on his feet immediately.  "Scotty?"

"Captain, I dunno - "

"Well, let's go find out!"  Jim was halfway to the door before he
turned  around to look at Spock.  "Sorry.  Are we through here?"

Spock lifted an eyebrow.  "I have no further questions."

"What's your recommendation, First Officer?  Am I still in command?"

"I see no reason to pursue this matter further."  Spock looked more
thoroughly miserable than any self-respecting Vulcan should allow
himself to be.

"In that case, please join Mr. Scott and I in Engineering.  Mr. Sulu,
get up to the bridge; I'll call you when we know more."  Jim's
expression was almost cheerful as he headed quickly out the door.

---

"Just some bumps and bruises, Captain.  No broken bones or any serious
injuries."  McCoy perched on the edge of his desk.

Kirk leaned back in the chair.  "Glad to hear it, Bones."

"So, what was that all about this afternoon?"  McCoy crossed his arms.

"What was what?"  Kirk rubbed his fists across his eyes.

"You can't tell me that the board of inquiry was Spock's idea."

Kirk leaned back a little further in his chair.  "How did you know?"
McCoy didn't say a word, but just continued to study him. "You're
right, I forced the inquiry."

"Mind telling me why?"

"Spock submitted a request for a transfer off the Enterprise."  Kirk
jumped up to pace the room.

"I don't really follow you."

Kirk didn't turn.  "He questioned my motives for relieving him."

"Couldn't you have just told him privately what you told him at the
hearing?"    Kirk turned to look at McCoy with a faint smile on his
lips.  He couldn't resist teasing McCoy. "Why didn't I think of that?"

McCoy nodded.  "I think I see.  He wouldn't listen, would he?  This
way, you forced him to listen."  McCoy cocked his head slightly.
"Have you considered the fact that people are wondering if he really
is as cold-blooded as he likes to pretend he is?"

Kirk returned to the chair in front of McCoy's desk.  Sometimes McCoy
surprised him.  He knew that McCoy was a brilliant doctor, but Bones
always denied being a psychologist. "You will help me out with that,
won't you?  You don't mind getting out the word...unofficially, of
course...that Spock wasn't responsible for the hearing."

Kirk leaned forward in his chair.  "I don't know how many people
realize that it was off the record - Spock didn't call the board of
inquiry, so it won't show up in the logs.   I would hate for people to
think that he would do something like that because it's not true.  He
was planning to transfer off the ship quietly rather than expose me to
Starfleet Command's questions."

"Jim, you old softy, there you go, protecting that prickly Vulcan
again." McCoy grinned, but it faded to a frown, and he leaned forward
in his chair.  "So, has he withdrawn his transfer request?"

Kirk's eyes widened.  He hadn't yet had time to tie up that loose end.
He jumped to his feet.  "I gotta go, Bones.  Thanks!"

---

"Come."  The door slid open.

"Captain."  Spock started to get to his feet, but, at Kirk's gesture,
he sat down again.

Kirk dropped into the chair across from Spock.  "Mr. Spock, I wanted
to talk to you about your transfer request."

Spock swallowed.  "Captain, I - "

"I've decided to reject it.  You can ask for a board of inquiry from
Command, but it could take a while."

Spock lifted an eyebrow.  "I believe that one inquiry was sufficient."

Kirk grinned.  Spock pretended that he had no sense of humor, but...
"Yeah, I think so, too."

Spock's expression became more even more remote.  "I believe that I
owe you an apology, sir."

Kirk's grin became a wide smile.  "I thought Vulcans didn't believe in
apologies."

"There are circumstances, of course....Also, I believe that it is
something that you value."  Spock steepled his fingers and sat up even
straighter, so that his backbone didn't graze the back of the chair.
"It was presumptuous of me to believe that our friendship would cause
you to violate the values that you live by.  Your command is the most
important - "

"Spock, don't worry about it."  Kirk stood up.  "As long as you
promise to stay."  He met Spock's eyes, his own expression suddenly
serious.  "You do promise to stay, don't you?"

Spock swallowed, but his eyes did not waver from Kirk's.  "Yes.  I
will stay. As long as you wish me to stay."   Kirk visibly relaxed.
"I have a feeling that I'll want you to stay a long time, my friend."

Spock inclined his head slightly.  "That is well.  As you have said,
we are an effective command team."  He cocked his head slightly to the
right.  "Captain, would you enjoy a game of chess?  If you do not
require rest...?"    Kirk nodded an answer and reseated himself,
watching as Spock set up the  chess set.  "Two things, Spock."

Spock's head came up.  "Sir?"

"What happened to calling me 'Jim'?"

Spock rested a hand on his desk.  "When I requested the transfer, I
believed that our friendship - "

Kirk leaned back in his chair.  "Do you think that our friendship is
limited to being captain and first officer?  It's not."

Spock looked down at the desk and then back up at Kirk.  "Another
error on my part.  I ask forgiveness.  Jim."

Kirk waved that apology away, too.  "Okay, one last question.  Why
didn't you tell me that the Vulcan ambassador was your father?  And,
if you tell me that it's personal..."

"I have wounded you by withholding information, have I not?"

Kirk sucked in his breath and stared at Spock.  "How did you know?  I
didn't even know that."    Spock looked intently at the chess piece in
his hand.  "Terrans believe that intimacy includes sharing of such
information.  I believe I understand.  Please believe that I would
have told you if I felt that it was permitted."

"Permitted?  I don't follow you."

"When I left Vulcan, my father declared me no longer his son.  As you
now know, we did not speak for many years."

"When I asked you about beaming down to see your parents...?"

Spock rolled the chess piece in his hand.  "When Sarek came aboard, he
greeted me in the Vulcan manner."

"But you two were still at odds."  Kirk picked up a chess piece to
examine.

"It was not apparent to you, but his manner to me indicated that he
again considered me as his son."

Kirk put down the chess piece with an audible clatter.  "If you want
to talk about it, I know something about fathers and sons who are at
odds."

Spock smiled ever so faintly. "Perhaps another time.  For now, we will
play chess."  He put down the chess piece in the appropriate place.
"I am sorry, Jim.  I will not withhold personal information from you
in the future."

Kirk took another breath and smiled.  "And I won't schedule boards of
inquiry without consulting you."  He remembered McCoy's comment
regarding what people would think about the board of inquiry.  He
really did owe Spock an apology for that.  Would Spock care what the
rest of the crew thought?  He had been underhanded, but he was willing
to use just about any means to keep his first officer.

Spock sat back in his chair, waiting for Jim to make the first move in
their chess game.  "And I will not assume that you are acting out of
friendship; I will remember that your duty will always come first."

---

As Kirk was brushing his teeth before bed, he glanced at his tired
face in the mirror.  It was late, and he needed to get some sleep.  He
and Spock had played chess far too late into the ship's night.

"Duty," he said to the man in the mirror.

He stretched out on the bed and requested darkness.  But his eyes
stayed  open.  He remembered waking up in Sickbay, and he remembered
McCoy's voice saying, 'Sarek's worse, but I can't operate.'  He
remembered the pain in Spock's eyes when his friend had discovered the
danger that his father was in.  He wasn't sure, but maybe some of that
same pain was in Spock's eyes when Kirk had talked about Spock's
father being the Vulcan Ambassador at the inquiry that afternoon.

James T, just what the hell did you do?  He felt a cold shiver of fear
thinking about what could have happened to his ship full of diplomats
as well as 428 crewmembers.  And about one solitary Vulcan who was
still struggling to understand their friendship.

He punched his pillow and turned resolutely on his side.  After all,
just like Spock said, his command performance had been more than
adequate to the situation, and he had successfully defeated the
Orions.

He still had more than three years to go on this five-year mission.
He  closed his eyes and willed himself to fall asleep.

---

The End