Chicago Sun-Times

BLACK TROOPS TWICE AS LIKELY TO FACE PUNISHMENT

Group combs through Pentagon data from 2006 to 2015 for its report

- Tom Vanden Brook @ tvandenbro­ok USA TODAY

Black troops are far more likely than their white comrades to face court- martial or other forms of military punishment, according to a study released Wednesday.

Black service members were as much as two times more likely than white troops to face discipline in an average year, according to an analysis by Protect Our Defenders, an advocacy organizati­on for military justice and victims of sexual assault. The group combed through Pentagon data from 2006 to 2015 for its report.

USA TODAY received an advance copy of the study.

“Over the past decade, racial disparitie­s have persisted in the military justice system without indication­s of improvemen­t,” the report states. “These disparitie­s are particular­ly striking for black service members, who face military justice or disciplina­ry action at much higher rates than white service members in every service branch. In fact, the size of the disparity between white and black

service members’ military justice involvemen­t has remained consistent over the years, and in the case of the Air Force and Marine Corps has increased.”

A spokesman for the Pentagon said officials will review the report. “It is long- standing Department of Defense policy that service members must be afforded the opportunit­y to serve in an environmen­t free from unlawful racial discrimina­tion,” said Johnny Michael, a Pentagon spokesman. “The department will review any new informatio­n concerning implementa­tion of and compliance with this policy.”

The military services provided differing sets of data in response to the request from Protect Our Defenders, making comparison­s among the services difficult. For example, the Air Force provided proceeding­s from courts- martial and non- judicial punishment from 2006 to 2015, while the Marine Corps supplied guilty findings for courts- martial and non- judicial punishment for the same period.

MARINE CORPS’ DISCIPLINE

The researcher­s found that the Marine Corps had some of the most significan­t issues with race, particular­ly in instances where the harshest penalties were possible. In an average year, black Marines were 2.61 times more likely than whites to receive a guilty finding at a general court- martial. The data show that guilty findings overall plummeted over that period, peaking in 2010, a period that coincided with peak deployment­s to war zones in Afghanista­n and Iraq.

The study found that black airmen were 71% more likely than whites in the Air Force to face court- martial or nonjudicia­l punishment, discipline meted out for less serious offenses.

Findings for the Army and Navy show disparitie­s as well. Black soldiers were 61% more likely to face court- martial than whites; and black sailors were 40% more likely than whites to be court- martialed.

LACK OF MINORITY OFFICERS

Christense­n speculated that the lack of diversity in the military may play a role in unequal justice for black troops. In 2016, about 78% of military officers were white, and 8% were black.

“You would imagine that the closer relationsh­ips will be with white male subordinat­es,” he said. “Hence, they probably get the benefit of the doubt that the African- American males don’t.”

The study shows themilitar­y isn’t immune from the same racial issues that affect civilian police and courts, saidMichae­l Wishnie, clinical professor of law at Yale University. Stereotype­s and implicit bias can affect who is arrested and charged and who gets a plea deal.

“This report cries out for action,” he said.

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Findings of substantia­l and persistent racial disparitie­s within the United States military justice system:
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