...Yet in the previous episode where they did a court martial (indeed, in airing order, it was the episode just preceding this one!), only one officer of flag rank was needed; the rest of the people judging over Kirk were of the same rank as Kirk himself. So there wouldn't be a need to give Pike flag rank by Trek precedent.
KIRK: This hearing is convened. Mister Spock, you're aware of your right to counsel of your choice?
SPOCK: Sir, I waive counsel. Further, I waive rights to this hearing and request immediate court-martial.
KIRK: Request denied.
SPOCK: May I inquire on what grounds, Captain?
KIRK: A mutiny requires a trial board of no less than three command officers. Since there are only two of that rank available
SPOCK: Sir, I must point out that there are three officers of command rank available. Yourself, Commodore Mendez, and Captain Christopher Pike.
So apparently flag rank wasn't needed, just "command" rank.
As a side note: although The Menagerie was 16th in order of production, it aired as episodes 11 and 12, in November 1966. Court Martial, although produced 15th, did not air until February 1967 as the 20th episode.
http://www.imdb.com/title/tt0060028/episodes
I agree that it seems that they wanted Pike to have been promoted when he left the Enterprise, but Mendez to outrank Pike. I agree also that this could have been done by making Mendez an Admiral. My initial reaction was that there weren't Admirals in TOS, but that isn't true. So why not make Mendez and Admiral?
I went to check the exact quotes in the transcripts at
http://www.chakoteya.net/index.html. I am uncertain how accurate that site is, but it is what I have right now.
(snip)
If this is reliable, the lack of capitalization in Garth's title seems significant.
I wouldn't count on it too heavily. But you can do as you like.
Well, I think I qualified my statement enough to make it clear that I am NOT relying on it to be accurate. I made it clear I could not vouch for their accuracy, and that my conclusions would depend on their accuracy. What more do you want?
Do you have access to a more acurate record of the script? Do you have evidence as to the accuracy (or lack there of) of the transcripts at that site? Do you have any information as to how those transcripts were compiled?
Or are you just trying to belittle me for some reason?
...
To avoid confusion between Pike's rank and position, Kirk would thus emphasize the former by adding the seldom used specifier "Fleet". Kirk could have applied the same specifer to himself if he wished, or addressed Mendez as "Fleet Commodore" (perhaps to distinguish him from a convoy commodore or from a civilian with the title Commodore), but there was no corresponding need for that at the time.
...
Sort of like the academics will say "Full Professor" to imply that you don't have those pesky adjectivers like "Associate" or "Assistant." Quite reasonable.
Or even my own habit of using "Full Commander" to distinguish them from Lieutenant Commanders, and "Full Lieutenant" to distinguish them from JGs.
A possible flaw in this is that Kirk says he met Pike "When he was promoted to Fleet Captain." This means that before Kirk and Pike met, Pike held some different rank. (Perhaps a merchant Captain, or perhaps a Commander in command of a ship.)
Now, at this point Kirk is only 33, and the flashbacks are 13 years earlier, so Kirk would have been 20 at the time. It is possible that Kirk met Pike when Kirk was 20, on the occasion of Pike becoming a Captain in Starfleet when he had previously been a Captain of some other sort. This stands in contrast, however, to the prevailing opinion that Kirk had met Pike just a few years earlier, when taking over command of the Enterprise.
So, if you decide that "Fleet Captain" is used in this episode to distinguish that Pike had been some other kind of Captain before he got Enterprise (and remember that Kirk uses the term twice, but then it isn't used again even within the episode), then Kirk and Pike met a long time ago.
Which makes a certain amount of sense when Commodore Mendez describes Pike to Kirk: if they had met just a few years ago, Kirk would likely remember him and not need to be reminded that he had been young and vital.