Leon Gilbert
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Leon Aaron Gilbert, Jr. (November 9, 1920 – March 28, 1999), of York, Pennsylvania was a decorated
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
combat veteran and a lieutenant in the all-black 24th U. S. Infantry Regiment that fought in the
Korean War The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
. 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 regarding race in the United States military

By the early 1950s, various Executive Orders had been issued attempting to end
segregation Segregation may refer to: Separation of people * Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space * School segregation * Housing segregation * Racial segregation, separation of human ...
in the
U.S. armed forces The United States Armed Forces are the military forces of the United States. U.S. federal law names six armed forces: the Army, Marine Corps, Navy, Air Force, Space Force, and the Coast Guard. Since 1949, all of the armed forces, except th ...
. They had been largely ineffectual. The
24th Infantry Regiment The 24th Infantry Regiment is a unit of the United States Army, active from 1869 until 1951, and since 1995. Before its original dissolution in 1951, it was primarily made up of African American soldiers. History The 24th Infantry Regiment (on ...
, 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. At one point the
U.S. Air Force The United States Air Force (USAF) is the air service branch of the United States Department of Defense. It is one of the six United States Armed Forces and one of the eight uniformed services of the United States. Tracing its origins to 1 ...
bombed the 24th by mistake, resulting in serious casualties. On August 6, 1950, Colonel
Arthur S. Champeny Arthur Seymour Champeny (August 13, 1893 – April 11, 1979) was a United States Army officer, reaching the rank of Brigadier General. He is the only American to earn the Distinguished Service Cross in three different wars. In addition to his th ...
, 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

Leon Aaron Gilbert, Jr. was born in
York, Pennsylvania York is a city in York County, Pennsylvania, United States, and its county seat. Located in South Central Pennsylvania, the city's population was 44,800 at the time of the 2020 United States census, 2020 census, making it the List of cities in ...
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 ( ; ) is the capital city of the U.S. commonwealth of Pennsylvania and the seat of Dauphin County. With a population of 50,099 as of 2020, Harrisburg is the ninth-most populous city in Pennsylvania. It is the larger of the two pr ...
on August 16, 1940. He served with the 92d Division in Italy and was
honorably discharged A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...
in 1946, then called up again as a reservist in 1947. He was thus a decorated
veteran A veteran () is a person who has significant experience (and is usually adept and esteemed) and expertise in an job, occupation or Craft, field. A military veteran is a person who is no longer serving in the military, armed forces. A topic o ...
with a record of ten years' service in the
Army An army, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by ...
."Truman asked to bar death for officer," ''New York Times'', Sept 23, 1950, p.32 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."Soldier Haunted By Korean War Conviction Dies" ''Gettysburg a.Times'', April 5, 1999, p. A-3 Despite Gilbert's suffering from shock and fatigue 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 A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the mili ...
sentenced him to
death Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose sh ...
. 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 The American Legion, commonly known as the Legion, is an Voluntary association, organization of United States, U.S. war veterans headquartered in Indianapolis, Indiana. It comprises U.S. state, state, Territories of the United States, U.S. terr ...
became involved, and the National Negro Council collected 600,000 signatures on a petition for his pardon. President
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th vice president in 1945, he assumed the presidency upon the death of Franklin D. Roosevelt that year. Subsequen ...
commuted the sentence to 20 years' imprisonment at
hard labor ''Hard Labor'' is the eleventh album by American rock band Three Dog Night, released in 1974. For this album, the band replaced long-time producer Richard Podolor with Jimmy Ienner, who was known for his production work with the Raspberries ...
,
dishonorable discharge A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...
, 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.
Thurgood Marshall Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme C ...
, general counsel of the
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
, wrote "The letters we have received from convicted soldiers and the talks we have had with
war correspondent A war correspondent is a journalist who covers stories first-hand from a war, war zone. War correspondence stands as one of journalism's most important and impactful forms. War correspondents operate in the most conflict-ridden parts of the wor ...
s strongly indicate that many of these men have been victimized by
racial discrimination Racial discrimination is any discrimination against any individual on the basis of their Race (human categorization), race, ancestry, ethnicity, ethnic or national origin, and/or Human skin color, skin color and Hair, hair texture. Individuals ...
.... It seems apparent that some of them are being made
scapegoat In the Bible, a scapegoat is one of a pair of kid goats that is released into the wilderness, taking with it all sins and impurities, while the other is sacrificed. The concept first appears in the Book of Leviticus, in which a goat is designate ...
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."William T. Bowers, William M. Hammond, and George L. MacGarrigle: ''Black Soldier, White Army: The 24th Infantry Regiment in Korea'' (Washington: Center of Military History, United States Army, 1996) at p. 267 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, Pennsylvania York is a city in York County, Pennsylvania, United States, and its county seat. Located in South Central Pennsylvania, the city's population was 44,800 at the time of the 2020 United States census, 2020 census, making it the List of cities in ...
, 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."


Notes


References


Jim Crow Guide to the USA
*New York Times, various articles 1950–1953 {{DEFAULTSORT:Gilbert, Leon 1920 births 1999 deaths People from York, Pennsylvania History of racial segregation in the United States African Americans in World War II African-American United States Army personnel African Americans in the Korean War American prisoners sentenced to death United States Army personnel of World War II United States Army personnel of the Korean War United States Army personnel who were court-martialed Prisoners sentenced to death by the United States military Commutations granted by Harry S. Truman