Robbins AFB, GA
Court Martial Defense

Following orders under duress is a right and just hallmark of military order and discipline, but let’s not fool ourselves. Command does not always make the right decision and the history of warfare demonstrates this time and time again. Unfortunately, this lack of perfect decision making extends to the military justice system. The decision and how or when to pursue a charge under the UCMJ can vary wildly from command to command and if we believe in objective truth, they can’t all be right. While we empathize with a command’s requirement to make hard choices, this does not absolve them from the impact it has on the careers of those they charge.

It is not just “Airman Snuffy” that suffers when a command decision is wrong and sometimes, such a decision can take down our very best. By the time the Korean War rolled around, pilot George Davis was already an Ace with 7 kills in World War 2. He decided to make a career with the newly minted Air Force and when fighter pilots were needed to control the skies over Korea, he was there to answer the call.

Now flying the F-86 Sabre, this modern jet was a bit faster than the P-51s he used to become an Ace in the previous war. On November 4th, 1951, he scored his first kill of a MiG-15 and on a later mission on November 30th, he downed 4 Chinese MiGs in one day. It took Davis less than a month to become an Ace in his second war. Now, the policy at the time was that fighter Aces would be sent home once they achieved that status. Davis thought he would be home by Christmas, but his command stated they needed him here for the war effort.

On February 10th, 1952, Davis was flying along the infamous “MiG Alley” which runs up against the Yalu river dividing North Korea and China. MiGs would dart in for a quick kill and then race back across the Chinese border. Due to an oxygen problem with 2 other planes, Davis and his wingman were flying alone when they noticed 12 MiGs racing towards a formation of American bombers. Realizing the MiGs had the element of surprise and the beat on the bombers, he dove into action despite the numerical superiority of the enemy.

He instantly took out two MiGs which brought his kill count to 14 for the war and disrupted the attack on the American bombers. That’s when enemy fire found its mark on Davis’ plane and he was sent spiraling down to the snow covered ground below. No parachute was seen and though the Chinese reportedly found his body still in the cockpit, his body was never returned home. For his actions that day, he would receive the nation’s military honor. As for the command decision not to send him home, this would be the decision of congressional inquiry.