Leon Gilbert
Encyclopedia
Leon Aaron Gilbert, Jr. of York, Pennsylvania was a decorated World War II combat veteran and a lieutenant in the all-Negro 24th U. S. Infantry Regiment that fought in the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...

. His court-martial for refusing to obey an order from the regiment's white commanding officer led to worldwide protests and increased attention to segregation and racism in the U.S. military.

Background

By the early 1950s, various Executive Orders had been issued attempting to end segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...

 in the U.S. armed forces. They had been largely ineffectual. The 24th Infantry Regiment, which consisted entirely of black soldiers, was thrown into the forefront of the Korean fighting at the outset.

Casualties in the 24th were extremely heavy, and replacements and supplies, including shoes, were slow in coming. Stories began to filter out through various black news sources of atrocities committed by white American officers against the black troops they were leading. At one point the U.S. Air Force bombed the 24th by mistake
Friendly fire
Friendly fire is inadvertent firing towards one's own or otherwise friendly forces while attempting to engage enemy forces, particularly where this results in injury or death. A death resulting from a negligent discharge is not considered friendly fire...

, resulting in serious casualties.

On August 6, 1951, Colonel Arthur S. Champeny
Arthur S. Champeny
Brigadier General Arthur Seymour Champeny is the only American to earn the Distinguished Service Cross in three different wars...

, a white man, was appointed the 24th's commanding officer and informed them he was going to change their reputation from "the frightened 24th to the fighting 24th."

Gilbert's case

I thought I was doing the right thing. I still think so. — Gilbert, after sentencing


Leon Aaron Gilbert, Jr. was born in York, Pennsylvania
York, Pennsylvania
York, known as the White Rose City , is a city located in York County, Pennsylvania, United States which is in the South Central region of the state. The population within the city limits was 43,718 at the 2010 census, which was a 7.0% increase from the 2000 count of 40,862...

 on November 9, 1920, the eldest of two sons of a blacksmith who had also served in World War I. He was educated in local schools and enlisted in the U. S. Army at Harrisburg, Pennsylvania
Harrisburg, Pennsylvania
Harrisburg is the capital of Pennsylvania. As of the 2010 census, the city had a population of 49,528, making it the ninth largest city in Pennsylvania...

 on August 16, 1940. He served with the 92d Division in Italy and was honorably discharged in 1946, then called up again as a reservist in 1947. He was thus a decorated veteran
Veteran
A veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...

 with a record of ten years' service in the Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

. He and his wife Kay had two children with a third on the way.

In the fall of 1950, Gilbert was in command of Company A of the 24th, having taken over when his commanding officer was wounded. He received an order to return with twelve of his men to a forward position. Gilbert's company had been forced to withdraw from that position after coming under heavy machine gun fire at close to point blank range, so to return to that position would have been tantamount to suicide. When Gilbert refused the order to return, he was arrested and tried on the spot. Despite Gilbert's suffering from shock and fatigue
Combat stress reaction
Combat stress reaction , in the past commonly known as shell shock or battle fatigue, is a range of behaviours resulting from the stress of battle which decrease the combatant's fighting efficiency. The most common symptoms are fatigue, slower reaction times, indecision, disconnection from one's...

 due to prolonged heavy fighting (according to a letter to his wife, they had gone thirteen days without food or water), he was accused of insubordination and cowardice, and a court martial sentenced him to death
Death Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...

. In an interview with the New York Times, Gilbert gave his version of the incident.
"I did not refuse to obey the order. I was trying to explain why it couldn't be carried out. There were twelve men in my command. Then I considered it my duty as an officer to show why the order meant certain death."


A storm of public protest erupted around the world in reaction to the sentencing; in the U.S. labor leaders, church leaders, and the American Legion became involved, and the National Negro Council collected 600,000 signatures on a petition for his pardon. President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...

 commuted the sentence to 20 years' imprisonment at hard labor
Hard Labor
Hard Labor is the eleventh album by American rock band Three Dog Night, released in 1974 .- Cover Artwork :The original album cover, depicting of the birth of a record album , was deemed too controversial and was soon reworked with a huge bandage covering the "birth". The cover also includes an...

, dishonorable discharge, and forfeiture of all pay and pension allowances.

In September 1952 the sentence was reduced to seventeen years for "battle misconduct." Gilbert served five years, the maximum penalty for disobedience under peacetime conditions (war was never officially declared in Korea), before he was released.

Following the court-martialing of Lieutenant Gilbert, mass court-martialing of whole units of the 24th Regiment ensued, with no comparable action being taken against white units.

Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...

, general counsel of the NAACP, wrote "The letters we have received from convicted soldiers and the talks we have had with war correspondent
War correspondent
A war correspondent is a journalist who covers stories firsthand from a war zone. In the 19th century they were also called Special Correspondents.-Methods:...

s strongly indicate that many of these men have been victimized by racial discrimination.... It seems apparent that some of them are being made scapegoat
Scapegoat
Scapegoating is the practice of singling out any party for unmerited negative treatment or blame. Scapegoating may be conducted by individuals against individuals , individuals against groups , groups against individuals , and groups against groups Scapegoating is the practice of singling out any...

s for the failures of higher personnel."

In 1996, an official Army report noted that Gilbert's regiment performed poorly in the early years of the Korean War, as did many white units, but went on to say, "There was no single reason for what happened (to the 24th)...An aggressive enemy, old and worn equipment, inexperience at all levels, leadership failures high and low, casualties among key personnel and a lack of bonding and cohesion in some units all played their part. There was no lack of courage among the officers and men."

The incident scarred Gilbert for life. His father had died while he was in custody, and five years after he was released on parole, his wife divorced him. Gilbert returned to his hometown of York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...

, Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

, remarried, and lived quietly until his death. Although he never stopped trying to clear his name, to little avail, his last years were cheered somewhat by the fact that his surviving comrades-in-arms had never forgotten him, and after they had located him, welcomed him back into their ranks. As one of them reported, "He didn't know if we would accept him. We welcomed him with open arms. No matter what was written, no matter what was said, we know the facts. We were there."
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