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4 - The Black Vault

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.M.<br />

THE BDM CORPORATION<br />

[the] field inqiry shows that designating every inci-,<br />

dent involved bl,?cks and whites as "racial" was misleading<br />

in that in many of the incidents betwe,'.k, blacks<br />

and whites "race" was in fact not a factor ....<br />

there was no evidence of inequity .... MAGIC's<br />

conclusion: the allegations with respect to racial<br />

tension and military justice were not substantiated .<br />

it appears that only 33 out of 5*00 incidents were<br />

traced to "race" as tha significant factor.13/<br />

Whether or not there was discrimination, blacks were treated<br />

differently in the administration of military justice. On the average,<br />

black soldiers stayed in pra-trial confinement five days longer than white<br />

soldiers. In 1971, 50 percent of the soldiers held in pre-trial confinement<br />

in Europe were black. Of the courts-martial administered in 1972,<br />

34 percent were given to blick soldiers. Punitive discharges as a result<br />

of courts-martial were awarded to 23 percent of the black defendents and<br />

only 17 percent of the white. When awarded confinement at hard labor,<br />

blacks served an average of 2.9 years while whites served only 1.9 yea.rs.<br />

In 1971,<br />

blacks received 45 percent oi ,-he -,,ss-than-honorable dischargns<br />

granted in Europe.14/ A study by the Per.4,,nel Research di;ision of tile<br />

Air Force Human Resources Laboratory confirms ,:ha. ,ii.•'Ities 'eceived<br />

different treatment under the Uniform Code of Mil itary Justice as oi"<br />

7_13.<br />

Members of racial or ethnic mi;nority groups were more<br />

likely to have received a disciplinary action than<br />

Caucasians. Among the minorit.y groups, the American I<br />

Indians seemed to have the highest disciplinary rates.<br />

Negroes tended 1o have the second highest in the nonpunitive<br />

and nonjudicial areas, while Asian Americans<br />

had the lowest rates in all three cate-gories. <strong>The</strong>se<br />

statistics, however, may be misleading since the Military<br />

Justice Task Force Follow-on Studies found that<br />

whites are more likely than blacks to opt for administrative<br />

discharge in lieu of court-martial.15/<br />

5-R<br />

5-il

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