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21. (p. 530)…

Part 10 of 12 · Morris J. MacGregor · Public domain text

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Contents (26)
  1. Opening about 1 min
  2. Foreword about 20 min
  3. Introduction about 25 min
  4. 2. (p. 017) about 1 h 19 min
  5. 3. (p. 058) about 1 h 22 min
  6. 4. (p. 099) about 43 min
  7. 5. (p. 123) about 58 min
  8. 6. (p. 152) about 51 min
  9. 7. (p. 176) about 1 h 3 min
  10. 8. (p. 206) about 58 min
  11. 9. (p. 234) about 34 min
  12. 10. (p. 253) about 37 min
  13. 11. (p. 270) about 42 min
  14. 12. (p. 291) about 51 min
  15. 13. (p. 315) about 58 min
  16. 14. (p. 343) about 1 h 19 min
  17. 15. (p. 379) about 36 min
  18. 16. (p. 397) about 1 h
  19. 17. (p. 428) about 1 h 6 min
  20. 18. (p. 460) about 23 min
  21. 19. (p. 473) about 1 h 1 min
  22. 20. (p. 501) about 58 min
  23. 21. (p. 530) about 54 min
  24. 22. (p. 556) about 50 min
  25. 23. (p. 581) about 59 min
  26. 24. (p. 609) about 1 h 13 min

Continue:

21. (p. 530)

Equal Treatment and Opportunity Redefined

By 1962 the civil rights leaders and their allies in the Kennedy administration were pressing the Secretary of Defense to end segregation in the reserve components and in housing, schools, and public accommodations in communities adjacent to military installations. Such an extension of policy, certainly the most important to be contemplated since President Truman's executive order in 1948, would involve the Department of Defense in the fight for servicemen's civil rights, thrusting it into the forefront of the civil rights movement.

Given the forces at work in the department, it was by no means certain in 1962 that the fight against discrimination would be extended beyond those vestiges that continued to exist in the military community itself. In Robert McNamara the department had an energetic secretary, committed to the principle of equal treatment and opportunity, and, since his days with the Ford Motor Company in Michigan, a member of the NAACP. But, as his directives indicated, McNamara had much to learn in the field of race relations. As he later recalled: "Adam [Yarmolinsky] was more sensitive to the subject [race relations] in those days than I was. I was concerned. I recognized what Harry Truman had done, his leadership in the field, and I wanted to continue his work. But I didn't know enough."[21-1]

[Footnote 21-1: Interv, author with McNamara, telecon of 11 May 72, CMH files.]

The Secretary Makes a Decision

Some of McNamara's closest advisers and some civil rights advocates in the Kennedy administration, increasingly critical of current practices, were anxious to instruct the secretary in the need for a new racial outlook. But their efforts were counterbalanced by the influence of defenders of the status quo, primarily the manpower bureaucrats in the secretary's office and their colleagues in the services. These men opposed substantive change not because they objected to the reformers' goals but because they doubted the wisdom and propriety of interfering in what they regarded as essentially a domestic political issue.

Superficially, the department's racial policy appears to have been shaped by a conflict between traditionalists and progressives, but it would be a mistake to apply these labels mechanically to the men involved. There were among them several shades of opinion, and (p. 531) they were affected as well by complex political and social pressures. Many of those involved in the debate shared a similar goal. A continuum existed, one defense official later suggested, that ranged from a few people who wanted for a number of reasons to do nothing--who even wanted to tolerate the continued segregation of National Guard units called to active duty in 1961--to men of considerable impatience who thought the off-limits sanction was a neglected and obvious weapon which ought to be invoked at once.[21-2] Nevertheless, these various views tended to coalesce into a series of mutually exclusive arguments that can be analyzed.[21-3]

[Footnote 21-2: Ltr, Alfred B. Fitt to author, 22 May 72, CMH files.]

[Footnote 21-3: The following summary of opinions is based upon (1) Intervs: author with McNamara, 11 May 72, Gerhard A. Gesell, 13 May 72, Robert E. Jordan III, 7 Jun 72, James C. Evans, 4 and 22 Mar 72; O'Brien with Gilpatric, 5 May 70; USAF with Zuckert, Apr 73; (2) Ltrs: Fitt and Yarmolinsky to author, 22 May 72 and 30 May 72, respectively; Rudolph Winnacker, OSD Historian, to James C. Evans, 17 Jul 70; Evans to DASD (CR), 20 Jul 70; ASD (M) to Congressman Charles C. Diggs, Jr., 15 Mar 61; idem to John Roemer, Vice Chmn, Baltimore CORE, 3 Aug 62; (3) Memos: USAF Dep for Manpower, Pers, and Organization for SecAF, 9 Nov 62, sub: Meeting of President's Committee on Equal Opportunity in the Armed Forces; ASD (M) for Asst Legal Counsel to President, 7 Nov 61, sub: Racial Discrimination in the Armed Services; Evans to Yarmolinsky, 31 Mar 61. Copies of all in CMH. See also Adam Yarmolinsky, _The Military Establishment: Its Impacts in American Society_ (New York: Harper & Row, 1971), p. 351.]

One group, from whom Adam Yarmolinsky, McNamara's special assistant, might be singled out as the most prominent member, developed arguments for a new racial policy that would encourage the services to modify local laws and customs in ways more favorable to black servicemen. Unlike earlier reformers in the department who acted primarily out of an interest in military efficiency, these men were basically civil libertarians, or "social movers," as Secretary of the Air Force Zuckert called them. They were allied with like-minded new frontiersmen, including the President's special counsel on minority affairs and Attorney General Kennedy, who were convinced that Congress would enact no new civil rights legislation in 1962. The services, this group argued, had through their recent integration found themselves in the vanguard of the national campaign for equal treatment and opportunity for Negroes, and to some it seemed only logical that they be used to retain that lead for the administration. These men had ample proof, they believed, for the proposition that the services' policies had already influenced reforms elsewhere. They saw a strong connection, for example, between the new Interstate Commerce Commission's order outlawing segregation in interstate travel and the services' efforts to secure equal treatment for troops in transit. In effect, in the name of an administration handicapped by an unwilling legislature, they were asking the services to fly the flag of civil rights.

If their motives differed from those of their predecessors, their rhetoric did not. Yarmolinsky and his colleagues argued that racial discrimination, particularly discrimination in housing and public accommodations, created a serious morale problem among black GIs, a contention strongly supported by the recent Civil Rights Commission findings. While the services had always denied responsibility for combating discrimination outside the military reservation, these (p. 532) officials were confident that the connection between this discrimination and military efficiency could be demonstrated. They were also convinced that segregated housing and the related segregation of places of public accommodation were particularly susceptible to economic pressure from military authorities.

This last argument was certainly not new. For some time civil rights spokesmen had been urging the services to use economic pressure to ease discrimination. Specifically, Congressman Powell, and later a number of civil rights groups, had called on the armed forces to impose off-limits sanctions for all servicemen against businesses that discriminated against black servicemen. Clear historical precedent seemed to exist for the action demanded by the controversial Harlem legislator because from earliest time the services had been declaring establishments and whole geographical areas off limits to their officers and men in order to protect their health and welfare. In view of the services' contention that equal treatment and opportunity were important to the welfare of servicemen, was it not reasonable, the spokesmen could ask, for the armed forces to use this powerful economic weapon against those who discriminated?

Those defense officials calling for further changes also argued that even the limited reforms already introduced by the administration faced slow going in the Department of Defense. This point was of particular concern to Robert Kennedy and his assistants in the Justice Department who agreed that senior defense officials lacked neither the zeal nor the determination to advance the civil rights of black servicemen but that the uniformed services were not, as Deputy Secretary Gilpatric expressed it, "putting their hearts and souls into really carrying out all of these directives and policies." Reflecting on it later, Gilpatric decided that the problem in the armed forces was one of pace. The services, he believed, were willing enough to carry out the policies, but in their own way and at their own speed, to avoid the appearance of acting as the agent of another federal department.

All these arguments failed to convince Assistant Secretary for Manpower Runge, some officials in the general counsel's office, and principal black adviser on racial affairs James Evans, among others. This group and their allies in the services could point to a political fact of life: to interfere with local segregation laws and customs, specifically to impose off-limits sanctions against southern businessmen, would pit the administration against powerful congressmen, calling (p. 533) down on it the wrath of the armed services and appropriation committees. To the charge that this threat of congressional retaliation was simply an excuse for inaction, the services could explain that unlike the recent integration of military units, which was largely an executive function with which Congress, or at least some individual congressmen, reluctantly went along, sanctions against local communities would be considered a direct threat by scores of legislators. "Even one obscure congressman thus threatened could light a fire over military sanctions," Evans later remarked, "and there were plenty of folks around who were eager to fan the flames."

Even more important, the department's equal opportunity bureaucracy argued, was the need to protect the physical well-being of the individual black soldier. In a decade when civil rights beatings and murders were a common occurrence, these men knew that Evans was right when he said "by the time Washington could enter the case the young man could be injured or dead." Operating under the principle that the safety and welfare of the individual transcended the civil rights of the group, these officials wanted to forbid the men, both the black and the increasing number of white activists, to disobey local segregation laws and customs.

The opponents of intervention pointed out that the services would be ill-advised to push for changes outside the military reservation until the reforms begun under Truman were completely realized inside the reservation. Ignoring the argument that discrimination in the local community had a profound effect on morale, they wanted the services to concentrate instead on the necessary but minor reforms within their jurisdiction. To give the local commander the added responsibility for correcting discrimination in the community, they contended, might very well dilute his efforts to correct conditions within the services. And to use servicemen to spearhead civil rights reform was a misuse of executive power. With support from the department's lawyers, they questioned the legality of using off-limits sanctions in civil rights cases. They constantly repeated the same refrain: social reform was not a military function. As one manpower spokesman put it to the renowned black civil rights lawyer, Thurgood Marshall, "let the Army tend its own backyard, and let other government agencies work on civil rights."[21-4]

[Footnote 21-4: Interv, author with Evans, 4 Mar 72.]

Runge and the rest were professional manpower managers who had a (p. 534) healthy respect for the chance of command error and its effect on race relations nationally. In this they found an ally in Secretary of the Air Force Eugene M. Zuckert, one of the architects of Air Force integration in 1949. American commanders lacked training in the delicate art of community relations, Zuckert later explained, and should even a few of them blunder they could bring on a race crisis of major proportions. He sympathized with the activists' goals and was convinced that the President as Commander in Chief could and should use the armed forces for social ends; but these social objectives had to be balanced against the need to preserve the military forces for their primary mission. Again on the practical level, Deputy Secretary of Defense Gilpatric was concerned with the problems of devising general instructions that could be applied in all the diverse situations that might arise at the hundreds of bases and local communities involved.[21-5]

[Footnote 21-5: USAF Oral Hist Interv with Zuckert, Apr 73; Interv, O'Brien with Gilpatric, 5 May 70.]

Many of the manpower officials carefully differentiated between equal treatment, which had always been at the heart of the Defense Department's reforms, and civil rights, which they were convinced were a constitutional matter and belonged in the hands of the courts and the Justice Department. The principle of equal treatment and opportunity was beyond criticism. Its application, a lengthy and arduous task that had occupied and still concerned the services' racial advisers, had brought the Department of Defense to unparalleled heights of racial harmony. Convinced that the current civil rights campaign was not the business of the Defense Department, they questioned the motives of those who were willing to make black GI's the stalking horse for their latest and perhaps transient enthusiasm, in the process inviting congressional criticism of the department's vital racial programs. In short, Assistant Secretary Runge and his colleagues argued that the administration's civil rights campaign should be led by the Justice Department and by the Department of Health, Education, and Welfare, not the Defense Department, which had other missions to perform.

Such were the rationalizations that had kept the Department of Defense out of the field of community race relations for over a decade, and the opponents of change in a strong position. Their opposition was reasonable, their allies in the services were legion, they were backed by years of tradition, and, most important, they held the jobs where the day-to-day decisions on racial matters were made. To change the status quo, to move the department beyond the notion that the guarantee of equal rights stopped at the boundaries of military installations, might seem "desirable and indeed necessary" to Yarmolinsky and his confreres,[21-6] but it would take something more than their eloquent words to bring about change.

[Footnote 21-6: Ltr, Yarmolinsky to author, 30 May 72, CMH files.]

Yarmolinsky was convinced that the initiative for such a change had to come from outside the department. Certain that any outside investigation would quickly reveal the connection between racial discrimination in the community and military efficiency, he wanted the Secretary of Defense to appoint a committee of independent (p. 535) citizens to investigate and report on the situation.[21-7] The idea of a citizens' committee was not new. The Fahy Committee provided a recent precedent, and in August 1961 Congressman Diggs had asked the Secretary of Defense to consider the appointment of such a group, a suggestion rejected at the time by Assistant Secretary Runge.[21-8] But Yarmolinsky enjoyed opportunities unavailable to the Michigan congressman; he had the attention and the support of Robert McNamara. In the latter's words: "Adam suggested another broad review of the place of the Negro in the Department. The committee was necessary because the other sources--the DOD manpower reports and so forth--were inadequate. They didn't provide the exact information I needed. This is what Adam and I decided."[21-9] This decision launched the Department of Defense into one of the most important civil rights battles of the 1960's.

[Footnote 21-7: Not everyone supporting the idea of an investigatory committee was necessarily an advocate of Yarmolinsky's theories. Roy K. Davenport, soon to be appointed a deputy under secretary of the Army for personnel management, decided that an assessment of the status of black servicemen was timely after a decade of integration. His professional curiosity, like that of some of the other manpower experts in the services, was piqued more by a concern for the fate of current regulations than an interest in the development of new ones. See Interv, author with Davenport, 31 Oct 71.]

[Footnote 21-8: Ltr, Diggs to McNamara, 24 Aug 61; Ltr, ASD (M) to Diggs, 5 Sep 61; Memo, ASD (M) for Asst Legal Counsel to President, 7 Nov 61, sub: Racial Discrimination in the Armed Services. All in ASD (M) 291.2.]

[Footnote 21-9: Interv, author with McNamara, 11 May 72.]

The Gesell Committee

On 24 June 1962 John F. Kennedy announced the formation of the President's Committee on Equality of Opportunity in the Armed Forces, popularly designated the Gesell Committee after its chairman, Gerhard A. Gesell.[21-10] It was inevitable that the Gesell Committee should be compared to the Fahy Committee, given the similarity of interests, but in fact the two groups had little in common and served different purposes. The Fahy Committee had been created to carry out President Truman's equal treatment and opportunity policy. The Gesell Committee, on the other hand, was less concerned with carrying out existing policy than with developing a new policy for the Department of Defense. The Fahy Committee operated under an executive order and sought an acceptable integration program from each service. The Gesell Committee enjoyed no such advantage, although the Truman order was technically still in effect and could have been used to support it. (The Kennedy administration ignored this possibility, and Yarmolinsky warned one presidential aide that the Truman order should be quietly revoked lest someone question why the Gesell Committee had not been afforded similar stature.)[21-11]

[Footnote 21-10: Ltr, Kennedy to Gesell, 22 Jun 62, as reproduced in White House Press Release, 24 Jun 62, copy in CMH. For an example of the attention the new committee received in the press, see Washington Post, June 24, 1962.]

[Footnote 21-11: Memo, Yarmolinsky for Lee C. White, 26 Jul 62, sub: Revocation of Executive Order 9981, SD 291.2.]

Again unlike the Fahy Committee, which forced its attention upon a generally reluctant Defense Department at the behest of the President, the Gesell Committee was created by the Secretary of Defense; the presidential appointment of its members bestowed an aura of special authority on a group that lacked the power of its predecessor to (p. 536) make and review policy. McNamara later put it quite bluntly: "The committee was the creature of the Secretary of Defense. Calling it a President's committee was just windowdressing. The civil rights people didn't have a damn thing to do with it. We wanted information, and that's just what the Gesell people gave us."[21-12] In fact, Yarmolinsky conceived the project, named it, nominated its members, and drew up its directives. Only when it was well along was the project passed to the White House for review of the committee's makeup and guidelines.[21-13]

[Footnote 21-12: Interv, author with McNamara, 11 May 72; see also Ltr, Yarmolinsky to author, 30 May 72. Yarmolinsky called the presidential appointment an example of the Defense Department's borrowing the prestige of the White House.]

[Footnote 21-13: Memo, ASD (M) for Asst Legal Counsel to President, 7 Nov 61, sub: Racial Discrimination in the Armed Services, ASD (M) 291.2.]

This special connection between the Department of Defense and the Gesell Committee influenced the course of the investigation. True to his concept of the committee as a fact-finding team, McNamara personally remained aloof from its proceedings, never trying to influence its investigation or findings. Ironically, Gesell would later complain about this remoteness, regretting the secretary's failure to intervene in the case of the recalcitrant National Guard.[21-14] He could harbor no complaint, however, against the secretary's special assistant, Yarmolinsky, who carefully guided the committee's investigation to the explosive subject of off-base discrimination. Even while expressing the committee's independence, Gesell recognized Yarmolinsky's influence. "It was perfectly clear," Gesell later noted, "that Yarmolinsky was interested in the off-base housing and discrimination situation, but he had no solution to suggest. He wanted the committee to come up with one."[21-15] Yarmolinsky formally spelled out this interest when he devised the group's presidential directive. The committee, he informed Vice President Lyndon B. Johnson during March 1962, would devote itself to those measures that should be taken to improve the effectiveness of current policies and procedures in the services and to the methods whereby the Department of Defense could improve equality of opportunity for members of the armed forces and their dependents in the civilian community.[21-16]

[Footnote 21-14: Interv, author with Gesell, 3 Nov 74, CMH files. The Secretary of Defense met with the committee but once for an informal chat.]

[Footnote 21-15: Interv, author with Gesell, 13 May 72.]

[Footnote 21-16: Memo, Yarmolinsky for Vice President, 13 Mar 62, SD 291.2.]

The citizens chosen for this delicate task, "integrationists all,"[21-17] were men with backgrounds in the law and the civil rights movement, their nearest common denominators being Yale University and acquaintance with Yarmolinsky, a graduate of Yale Law School.[21-18] Chairman Gesell was a Washington lawyer, educated at Yale, an acquaintance of Yarmolinsky's with whom he shared a close mutual (p. 537) friend, Burke Marshall, also from Yale and the head of the Department of Justice's Civil Rights Division. Gesell always assumed that this friendship with Marshall explained his selection by the Kennedy administration for such a sensitive task.[21-19] Black committeemen were Nathaniel S. Colley, a California lawyer, civil rights advocate associated with the NAACP, and former law school classmate of Yarmolinsky's; John H. Sengstacke, publisher of the Chicago Defender and a member of the Fahy Committee; and Whitney M. Young, Jr., of the National Urban League. The other members were Abe Fortas, a prominent Washington attorney and former Yale professor; Benjamin Muse, a leader of the Southern Regional Council and a noted student of the civil rights movement; and Louis Hector, also a Yale-educated lawyer, who was called in to replace ailing Dean Joseph O'Meara of the Notre Dame Law School. Gesell arranged for the appointment of Laurence I. Hewes III, of Yale College and Law School, as the committee's counsel.

[Footnote 21-17: Memo, ASD (M) for Lee C. White, Asst Spec Counsel to President, 7 Jun 62, sub: Establishment of Committee on Equality of Opportunity in the Armed Forces, ASD (M) 291.2.]

[Footnote 21-18: In discussing the Yale connection in the Gesell Committee, it is interesting to note that at least three other officials intimately connected with the question of equal treatment and opportunity, Alfred B. Fitt, the first Deputy Assistant Secretary of Defense (Civil Rights), Cyrus R. Vance, Secretary of the Army, and Deputy Secretary of Defense Gilpatric, were Yale men. Of course, Secretary McNamara was not a Yale graduate; his undergraduate degree is from the University of California at Berkeley, his graduate degree from Harvard.]

[Footnote 21-19: Interv, author with Gesell, 13 May 72.]

Some of the members had definite ideas on how the committee should operate. Warning of a new mood in the black community where "impatience and expectations" were far different from what they were at the time of the Fahy Committee, Whitney Young wanted the committee to prepare a frank and honest report free of the "taint of whitewash." To that end he wanted the group's directive interpreted in its broadest sense as leading to a wide-ranging examination of off-base housing, recreation, and educational opportunity, among other subjects. He wanted an investigation at the grass roots level, and he offered specific suggestions about the size and duties of the staff to achieve this. Young also recommended commissioning "additional citizen teams" to assist in some of the numerous and necessary field trips and wanted the committee to use Congressman Diggs and his files.[21-20]

[Footnote 21-20: Ltr, Young to Gesell, 27 Aug 62, Gesell Collection, J. F. Kennedy Library.]

Benjamin Muse, on the other hand, considered direct, personal investigation of specific grievances too time-consuming. He wanted the group to concentrate instead on the command level, holding formal conferences with key staff officials. The best way to impress upon the services that the White House was serious, he told Gesell, was to learn the opinions of these officials and to elicit, "subject to our private analysis and discount," a great deal of helpful information.[21-21]

[Footnote 21-21: Ltr, Muse to Gesell, 26 Jan 63, Gesell Collection, J. F. Kennedy Library.]

Chairman Gesell compromised. He wanted the group to develop some broad recommendations on the basis of a limited examination of specific complaints. President Kennedy agreed. He told Gesell: "don't go overboard and try to visit every base, but unless you see at least some bases you will never understand the situation."[21-22] White House assistant Lee C. White suggested that while the committee had no deadline it should be advised that a report would be needed in June if any legislative proposals were to be submitted to Congress. At the (p. 538) same time he wanted the White House to make clear that the members, "and particularly the Negro members," would be left free to act as they chose.[21-23]

[Footnote 21-22: Quoted by Gesell during interview with author, 13 May 72.]

[Footnote 21-23: Memo, White for Dep Atty Gen, 23 Jan 63, copy in Lee C. White Collection, J. F. Kennedy Library. (Deputy Attorney General Katzenbach was a member of the White House's civil rights subcabinet.) According to Yarmolinsky, the White suggestion might have originated with Secretary McNamara.]

In the end the committee's operations owed something to all these suggestions. The group worked out of a small office near the White House and pointedly distant from the Pentagon. Its formal meetings were rare--only seven in all--and were used primarily to hear the presentations of service officials and consider the committee's findings. At a meeting in November 1962, for instance, Gesell arranged for five Air Force base commanders to discuss the application of the equal opportunity policy in their commands and in neighboring communities and describe their own duties as they saw them.[21-24]

[Footnote 21-24: Ltr, Gesell to SecAF, 25 Oct 62, SecAF files.]

The chairman explained that the infrequent meetings were used mostly for "needling people and asking for statistics." Some black members at first opposed asking the services for statistical data on the grounds that such requests would reinforce the tendency to identify servicemen by race, thus encouraging racial assignments and, ultimately, racial quotas. The majority, however, was convinced of the need for statistical material, and in the end the requests for such information enjoyed the committee's unanimous support.[21-25]

[Footnote 21-25: Interv, author with Gesell, 3 Nov 74.]

Most of the committee's work was done in a "shirt sleeve" atmosphere, as its chairman described it, with a staff of four people.[21-26] Members, alone and in groups, studied the mountains of racial statistics, some prepared by the staff of the Civil Rights Commission, and the lengthy answers to committee questionnaires prepared by the services. The services also arranged for on-site inspections by committee members.[21-27] The field trips proved to be of paramount importance, not only in ascertaining the conditions of black servicemen and their dependents but also in fixing the extent of the local commander's responsibility for race relations. Operating usually in two-man biracial teams, the committee members would separate to interview the commander, local businessmen, and the men themselves. The firsthand information thus gathered had a profound influence on the committee's thinking, an influence readily discernible in its recommendations to the President.

[Footnote 21-26: Memo, Gesell for Cmte Members, 20 Nov 64, Gesell Collection, J. F. Kennedy Library.]

[Footnote 21-27: The committee's considerable probings were reflected in the Defense Department's files. See for example, Memo, SecDef for Secys of Mil Depts et al., 28 Sep 62, sub: President's Committee on Equal Opportunity in the Armed Forces, SD 291.2 (12 Feb 62); Memo, ASD (M) for SA et al., 18 Dec 62, same sub, ASD (M) 291.2; Ltr, SecNav to Gesell, 1 Apr 63; Memo, Under SecNav for SecNav, 9 Apr 63, sub: Meeting With the President's Cmte on Equal Opportunity in the Armed Forces; Ltrs, Under SecNav to Chmn Gesell, 1 Apr and 3 May 63; last four in SecNav file 5350, GenRecsNav, also Marine Corps Bulletin 5050, 28 Jan 63, Hist Div. HQMC. See also Ltrs, Chmn, President's Cmte, to SecAF, 8 Oct 62, USAF, Report for President's Committee on Equal Opportunity in the Armed Forces, 4 Dec 62, and James P. Goode, AF Dep for Manpower, Personnel, & Organization, to Chmn Gesell, 4 Apr 63, both in 2426-62, SecAF files; "Visit of Mr. Nathaniel Colley and Mr. John Sengstacke to 3d Marine Division," copy in CMH. Additionally, see also Ltr, Berl I. Bernhard, U.S. Commission on Civil Rights, to Gesell, 29 Jun 62, Gesell Collection, J. F. Kennedy Library.]

The committee concluded from its investigations that serious discrimination against black servicemen and their families existed at home and abroad within the services and in the civilian community, (p. 539) and that this discrimination affected black morale and military efficiency. Regarding evidence of discrimination within the services, the committee isolated a series of problems existing "both service-wide and at particular bases."[21-28] Specifically, the group was not convinced by official reasons for the disproportionately small number of Negroes in some services, especially among the noncommissioned officers and in the officer corps. Chairman Gesell called the dearth of black officers a "shocking condition."[21-29] His group was particularly concerned with the absence of black officers on promotion boards and the possibility of unfairness in the promotion process where photos and racial and religious information were included in the selection files made available to these boards. It also noted the failure of the services to increase the number of black ROTC graduates. The committee considered and rejected the idea of providing preferential treatment for Negroes to achieve better representation in the services and in the higher grades.[21-30]

[Footnote 21-28: The President's Committee on Equal Opportunity in the Armed Forces, "Initial Report: Equality of Treatment and Opportunity for Negro Military Personnel Stationed Within the United States, June 13, 1963" (hereafter cited as "Initial Rpt"), p. 10. The following discussion of the committee cannot carry the eloquence or force of the group's report, which was reproduced in the Congressional Record, 88th Cong., 1st sess., vol. 109, pp. 14359-69.]

[Footnote 21-29: Ltr, Gesell to Under SecNav, 6 Feb 63, SecNav file 5420 (1179), GenRecsNav.]

[Footnote 21-30: Intervs, author with Gesell, 13 May 72 and 3 Nov 74.]

Overrepresentation of black enlisted men in certain supply and food services was obvious.[21-31] Here the committee was particularly critical of the Navy and the Marine Corps. On another score, the Chief of Naval Personnel noted that the committee "considers the Navy and Marines far behind the Army and Air Force, particularly in the area of community relations," a criticism, he admitted, "to some extent" justified.[21-32] So apparent was the justification that, at the suggestion of the Secretary of the Navy, Gesell discussed with Under Secretary Paul B. Fay, Jr., ways to better the Navy's record in its "areas of least progress."[21-33] Gesell later concluded that the close social contact necessary aboard ship had been a factor in the Navy's slower progress.[21-34] Whatever the reason, the Navy and Marine Corps fell statistically short of the other services in every category measured by the Gesell group.

[Footnote 21-31: Memo, Dep for Manpower, Personnel, & Organization, USAF, for SecAF, 25 Jan 63, sub: Meeting With President's Committee on Equal Opportunity in the Armed Forces, SecAF files.]

[Footnote 21-32: Ltr, Chief of NavPers to CONUS District Cmdrs et al., 22 Apr 63, attached to Memo, Chief of NavPers for Distribution List, 24 Apr 63, sub: President's Committee on Equal Opportunity in the Armed Forces, GenRecsNav 5420.]

[Footnote 21-33: Ltr, Under SecNav to Gesell, 8 Feb 63, SecNav file 5420 (1179), GenRecsNav. For examples of this exchange between the committee and the Navy, see Ltrs, Gesell to Fay, 6 Feb 63, and Fay to Gesell, 3 May and 5 Jun 63, all in SecNav file 5350, GenRecsNav.]

[Footnote 21-34: Interv, author with Gesell, 3 Nov 74.]

The "sex thing," as Gesell referred to the interracial problems arising from off-duty social activities, also proved to be important, especially for noncommissioned officer and service clubs and base-sponsored activities in the community. The committee itself had persuaded the National United Services Organization to integrate its facilities, and it wanted local commanders to follow up by inviting black civilians to participate in USO dances and entertainments.[21-35] (p. 540) The committee also discussed discrimination in military police assignments, segregation in local transport and on school buses, and the commander's attitude toward interracial associations both on and off the military reservation.

[Footnote 21-35: For an example of how an individual service was handling the USO and other on-base social problems, see Memo, Maj Gen John K. Hester, Asst VCofS, USAF, for SecAF, 26 Feb 63, sub: Antidiscrimination Policies, SecAF files. See also "Initial Rpt," pp. 73-74.]

Despite its criticism of the imperfect application of service race policies--some service-wide, others confined to certain bases--the committee reported to the President that the services had made "an intelligent and far-reaching advance toward complete integration, and, with some variations from service to service, substantial progress toward equality of treatment and opportunity."[21-36] Gesell called the services the nation's "pace setter," and he was convinced that they had not received sufficient credit for their racial achievements, which were "way ahead of General Motors and the other great corporations."[21-37] That the services were more advanced than other segments of American society in terms of equal treatment and opportunity was beyond dispute; nevertheless, serious problems connected with racial prejudice and the armed forces' failure to understand the fundamental needs of black servicemen remained. The committee's investigation, with its emphasis on off-base realities and its dependence on statistics and other empirical data, did not lend itself to more than a superficial treatment of these subtle and stubborn, if unmeasurable, on-base problems.

[Footnote 21-36: "Initial Rpt," p. 10.]

[Footnote 21-37: Interv, author with Gesell, 3 Nov 74.]

The committee believed that some of what appeared discriminatory was in reality the working of such factors as the black serviceman's lack of seniority, deficiencies in education, and lack of interest in specific fields and assignments. Looking beyond these, the fruits of institutional racism, the committee concluded that much of the substantiated discrimination disclosed in its investigations had proved to be limited in scope. But whether limited or widespread, discrimination had to be eliminated. Prompt attention to even minor incidents of discrimination would contribute substantially to morale and serve to keep before all servicemen the standard of conduct decreed by executive policy.[21-38]

[Footnote 21-38: "Initial Rpt," pp. 10-11, 30, 51.]

The committee was considerably less sanguine over conditions encountered by black servicemen off military bases. In eloquent paragraphs it outlined for the President the injustices suffered by these men and their families in some American communities, the effect of these practices on morale, and the consequent danger to the mission of the armed forces. It reviewed the services' efforts to eliminate segregated housing, schooling, and public accommodations around the military reservations and found them wanting. Local commanders, the committee charged, were often naive about the existence of social problems and generally did not keep abreast of departmental policy specifying their obligations; they were especially ill-informed on the McNamara-Gilpatric directives and memorandums on equal treatment. Often quizzed on the subject, the commanders told the committee that they enjoyed very fine community relationships. To this Whitney (p. 541) Young would answer that fine community relationships and racial injustice were not necessarily exclusive.[21-39]

[Footnote 21-39: Memo for Rcd, USAF Dep for Manpower, Personnel, & Organization, 14 Nov 62, sub: Meeting of the President's Committee on Equal Opportunity in the Armed Forces, SecAF file 2426-62.]

This community-based discrimination, the committee found, had become a greater trial for black servicemen and their families because of its often startling contrast to their life in the services. There was even evidence that some of the off-base segregation, especially overseas, had been introduced through the efforts of white servicemen. Particularly irritating to the committee were restrictions placed on black participation in civil rights demonstrations protesting such off-base conditions. The committee wanted the restrictions removed.[21-40]

[Footnote 21-40: Memo, Dep for Manpower, Personnel, & Organization, USAF, for SecAF, 25 Jan 63, sub: Meeting With President's Committee on Equal Opportunity in the Armed Forces, SecAF files. See also Memo for Rcd, Marine Corps Aide to SecNav, 30 Jan 63, sub: Meeting With Navy-Marine Corps Representatives on Equal Opportunity, SecNav file 5420 (1179), GenRecsNav.]

In the end the committee's reputation would rest not so much on its carefully developed catalog of racial discrimination. After all, others, most notably the Civil Rights Commission, had recently documented the problems encountered by black servicemen, although not in the detail offered by the Gesell group, and had convincingly tied this discrimination to black morale and military efficiency. The (p. 542) committee's major contribution lay rather in its establishment of a new concept in command responsibility that directly attacked the traditional parochialism of the services' social concerns:

It should be the policy of the Department of Defense and part of the mission of the chain of command from the Secretaries of the Services to the local base commander not only to remove discrimination within the Armed Forces, but also to make every effort to eliminate discriminatory practices as they affect members of the Armed Forces and their dependents within the neighboring civilian communities.[21-41]

[Footnote 21-41: "Initial Rpt," p. 61.]

In effect the committee proposed a new racial policy for the Department of Defense, one that would translate the services' promise of equality of treatment and opportunity into a declaration of civil liberties. To that end it recommended the adoption of a set of techniques radically new to the thinking of the military commanders, one that grew out of the committee's own experiences in the field.

Chairman Gesell later recollected how this recommendation developed:

I remember in particular our experiences at the bases at Augusta and Pensacola. This made a strong impression on me. I saw discrimination on bases right under the noses of the commanders who were often not even aware of it. And I saw much discrimination in communities around the bases. Sometimes unbelievable. At Pensacola, for example, I found that the Station had never used Negroes for guard duty at the main gate where they would be seen by the public, black and white. We told this to the commander and reminded him of the effect that it had on black morale. He changed it immediately. On base the housing for blacks was segregated off to one side in poor run-down shacks below the railroad tracks. We told the commander who admitted that he had some substandard housing units but was unaware of any segregation in housing. The commander promised to report to us about this in two weeks. He did later report: "the whole housing area has been bulldozed and all housing on base integrated." It was examples like this that convinced me that there was much the commanders could do.[21-42]

[Footnote 21-42: Interv, author with Gesell, 13 May 72.]

This sense of racial progress made a vivid impression on committee member Muse who later recalled that "it was amazing how much activity our presence stirred up. It showed that a lot could be done by commanders."[21-43] Gesell and Muse were particularly impressed by how local commanders, acting firmly but informally, could achieve swift breakthroughs. But actually, as the Gesell-Young trip to Pensacola demonstrated, often more than the base commander was involved in these dramatic reforms. A week after their trip to Florida, Gesell and Young had a casual chat with Under Secretary Fay about conditions at Pensacola, particularly housing conditions, that, they claimed, had contributed to a "literally disgraceful" state of black morale, leading black sailors "almost to the point of rebellion." Although the base commander seemed concerned, he had deferred to his military superior who lacked the "philosophical outlook oriented toward the successful implementation of equal opportunity policies." Fay was quick to see the point. He pledged the Navy to a "constructive effort" to eliminate the problem at Pensacola "prior to the Committee's reporting date [to the President] of 1 June."[21-44] In a matter (p. 543) of hours Fay was arranging to send the Inspector General to Pensacola, but the matter did not end there. In late May committee counsel Hewes asked the Assistant Secretary of Defense concerned with military installations about housing at Pensacola, thus setting off yet another investigation of the base.[21-45]

[Footnote 21-43: Idem with Benjamin Muse, 2 Mar 73, CMH files.]

[Footnote 21-44: Memo, Under SecNav for SecNav, 9 Apr 63, sub: Meeting With the President's Cmte on Equal Opportunity in the Armed Forces, SecNav file 5420, GenRecsNav.]

[Footnote 21-45: Ltr, DASD (Family Housing) to Chmn Gesell, 4 Jun 63, Gesell Collection, J. F. Kennedy Library.]

Gesell saw the reforms at Pensacola as a direct result of his own suggestion to a commander. He seemed unaware that his remarks to Fay had set in motion a chain of action behind the scenes. In the weeks following, black servicemen were moved from the substandard segregated housing to integrated Navy-controlled housing both on and off base. The local commander also arranged for the desegregation of some off-base social facilities in a effort to improve black morale.[21-46] If the changes at Pensacola appear more closely related to the committee's political clout in Washington than to the commander's interest in reform, they also demonstrate the power for reform that the commander could exercise. This was the committee's main point, that equal opportunity was a command responsibility.[21-47] But it would be hard to sell in the Department of Defense where, as Gesell himself later admitted, resistance to what was perceived as a political matter was common to most American military officers.[21-48]

[Footnote 21-46: Ltr, Under SecNav to Chmn Gesell, 5 Jun 63, copy in Gesell Collection, J. F. Kennedy Library; see also Memo, Under SecNav for SecNav, 13 Sep 63, sub: NAS Pensacola, SecNav file 5420 (1179), GenRecsNav.]

[Footnote 21-47: "Initial Rpt," p. 52.]

[Footnote 21-48: Interv, author with Gesell, 3 Nov 74.]

The most controversial recommendation, however, was that the armed forces should, when necessary, exercise economic sanctions against recalcitrant businesses. In the name of troop morale and military efficiency, the committee wanted commanders to put public accommodations off limits for all servicemen, and it wanted the Secretary of Defense, as a last resort, to close the military installations in communities that persisted in denying black servicemen their civil rights.[21-49] Again, Gesell elaborated on the power of base commanders and recommended tactics.

There was also much that they could do in the community to improve the lot of their blacks. If only they were sensitive to the situation.... For example, we visited the local community leaders. I would put it to the local banker who held the mortgage on the local bowling alley: "what would you do if you were a commander and some of your men were barred from the local bowling alley?" He got the point and the alley outside the base was desegregated overnight. To another I said, "you know, I'm just a lawyer down here on a temporary job, and I can only talk with you about these things. But you can't tell about those guys in Washington. They will have to be closing some bases soon. Now put yourself in their shoes. Which would you shut, those bases that don't have race problems or those that do?" Again, they got the point. In other words, an implied economic threat by the commander would work well. Hell, the commanders were always getting good citizenship awards and ignoring the major citizenship problem of the era. Commanders were local heroes, and they had plenty of influence. They use it. The trouble was most commanders were ignorant of the ferment among their own men on this subject. In all my trips I hinted at sanctions and base (p. 544) closings. The dutch uncle approach. I wanted the commanders to do the same. I talked economics to the community leaders. It opened their eyes. The commanders could do the same.[21-50]

[Footnote 21-49: "Initial Rpt," pp. 68-71.]

[Footnote 21-50: Interv, author with Gesell, 13 May 72.]

The committee further refined its concepts of economic sanctions during the course of its hearings. Commanders were frequently quizzed on the probable effects of the imposition of off-limits sanctions or base closings.[21-51] Despite the reluctance of most commanders to invoke sanctions, committee members, assuming that no community would long persist in a social order detrimental to its economic welfare, came to the belief that ultimately only a firm and uncompromising policy of economic sanctions would eliminate off-base discrimination. The committee was obviously aware of the controversial aspects of its recommendation, and it stressed that the department's objective should always be "the preservation of morale, not the punishment of local communities which have a tradition of segregation."[21-52]

[Footnote 21-51: Memo for Rcd, Dep for Manpower, Personnel, & Organization, USAF, 14 Nov 62, sub: Meeting of President's Committee on Equal Opportunity in the Armed Forces, SecAF files. Deputy Goode's assumptions about the committee's thinking were later confirmed in its "Initial Rpt," pages 68-71, and in author's interview with Gesell on 13 May 1972.]

[Footnote 21-52: "Initial Rpt," p. 70.]

Mindful of the wish expressed by the White House staff that a report be submitted by mid-1963, the committee, acting unanimously, completed on 13 June 1963 an initial report on discrimination in the services and the local community, postponing the results of its time-consuming and less-pressing investigation of the National Guard and overseas posts until a later date.[21-53] Complete accord among the members had not been automatic. The chairman later recalled that the group's black members had remained somewhat aloof during the months of investigation, perhaps because at first they felt the report might be a whitewash of executive policy, but that they became "enthusiastic" when they read his draft and quickly joined in the preparation of the final version.[21-54]

[Footnote 21-53: Ltr, Gesell to President Kennedy, 13 Jun 63, copy in CMH.]

[Footnote 21-54: Interv, author with Gesell, 13 May 72.]

The reason for this enthusiasm was a report that faithfully reflected the realities of discrimination suffered by black servicemen and proposed solutions based on conclusions drawn by the members from their months of discussion and investigation. The committee's conclusions and recommendations were the natural reaction of a group of humane and sensible men to the overwhelming evidence of continued discrimination against black servicemen. National policy, the committee told the President, required that this discrimination be eliminated, for

equal opportunity for the Negro will exist only when it is possible for him to enter upon a career of military service with assurance that his acceptance and his progress will be in no way impeded by reason of his color. Clearly, distinctions based on race prevent full utilization of Negro military personnel and are inconsistent with the objectives of our democratic society.[21-55]

[Footnote 21-55: "Initial Rpt," p. 11.]

The committee wanted responsibility for eliminating these color (p. 545) distinctions in the services shifted to the local commander. Commanders, it believed, needed to improve their communication with black servicemen and should be "held accountable to discover and remedy discrimination" in their commands. The committee, in short, wanted racial sensitivity made a function of command.

Command responsibility for equal opportunity, the committee emphasized, was particularly important "in the area of most pressing concern, off-base discrimination." It wanted local commanders to attack discrimination in the community by seeking the voluntary compliance of local businessmen and by establishing biracial community committees. The committee asserted that despite the services' claims to the contrary the Department of Defense had made no serious effort to achieve off-base compliance with its anti-discrimination measures through voluntary action. Commanders had been given little guidance thus far, and a carefully planned program of voluntary action should be given a chance. If it failed, commanders should be able to employ sanctions against the offending businesses; if sanctions failed, the services should consider closing installations in offending areas. The committee again stressed the need to fix responsibility for the program on local commanders. A commander's performance should be monitored and rated, and offices should be established in the Department of Defense and in the individual services to devise programs, monitor their progress, and bring base commanders into close working relationship with other interested and responsible federal agencies.

Although their recommendations were later excoriated by critics as a radical usurpation of state sovereignty and a threat to civil liberties, the committee had meant only to provide a graduated solution to a national defense problem. Let reform begin with the local commander's improving conditions on his base and pressing for voluntary changes in the local community. Only when this tactic failed--and the committee predicted that failure would be a rare occurrence--should the services employ economic sanctions.

A firm philosophical assumption underlay all these recommendations. The committee believed that the armed forces, a worldwide symbol of American society, had to be the leader in the quest for racial justice. Social reform, therefore, both within the services and where it affected servicemen in the community beyond, was a legitimate military function. To the extent that these reforms were successful, the armed forces would not only be protecting the civil rights of black servicemen but also providing a standard against which civilian society could measure its conduct and other nations could judge the country's adherence to its basic principles.[21-56]

[Footnote 21-56: Ibid., pp. 92-93.]

Reaction to a New Commitment

The Gesell Committee's conclusion that discrimination in the community was tied to military efficiency meshed well with the civil rights philosophy of the New Frontier. Responding to the committee's (p. 546) report, President Kennedy cited "the interests of national defense, national policy and basic considerations of human decency" to justify his administration's interest in opening public accommodations and housing to black servicemen. He considered it proper to ask the "military community to take a leadership role" in the matter and asked Secretary McNamara to review the committee's recommendations.[21-57] The secretary, in turn, personally asked the service secretaries to comment on the recommendations and assigned the Deputy Under Secretary of the Army (Manpower), Alfred B. Fitt, to act as coordinator and draw up the Defense Department's reply.[21-58]

The comments thus solicited revealed that some of McNamara's senior subordinates had not been won over by the committee's arguments that the services should take an active role in community race relations.[21-59] The sticking point at all levels involved two important recommendations: the rating of commanders on their handling of racial matters and the use of economic sanctions. In regard to the proposal to close bases in communities that persisted in racial discrimination, the Secretary of the Navy said bluntly: "Do not concur. Base siting is based upon military requirements."[21-60] These officials promised that commanders would press for voluntary compliance, but for more aggressive measures they preferred to wait for the passage of federal legislation--they had in mind the administration's civil rights bill then being considered by Congress--which would place the primary responsibility for the protection of a serviceman's civil rights in another federal department. The Secretary of the Air Force suggested that the services continue to plan, but defer action on the committee's recommendations until Congress acted on the civil rights bill.[21-61]

[Footnote 21-57: Ltr, President to SecDef, 21 Jun 63, copy in CMH. The President also sent the committee's report to the Vice President for comment. Indicative of the Pentagon's continuing influence in the committee's work, the Kennedy letter had been drafted by Gesell and Yarmolinsky; see Memo, Yarmolinsky for White, 8 Jun 63, White Collection, J. F. Kennedy Library.]

[Footnote 21-58: Memo, SecDef for SA et al., 27 Jun 63, sub: Report of the President's Committee on Equal Opportunity in the Armed Forces; see also Memo, ASD (M) for SecDef, 27 Jun 63; both in ASD (M) 291.2.]

[Footnote 21-59: Memo, Dep Under SA (M) for SecDef (ca. 10 Jul 63), with service comments attached, copy in ASD (M) 291.2.]

[Footnote 21-60: Memo, SecNav for ASD (M), 10 Jul 63, sub; Report of the President's Committee on Equal Opportunity in the Armed Forces, SecNav file 5410, GenRecsNav.]

[Footnote 21-61: Memo, SecAF for ASD (M), 10 Jul 63, sub: Air Force Response to the Gesell Committee Report, SecAF files.]

Despite the opposition to these recommendations, Fitt saw room for compromise between the committee and the services. Noting, for example, that the services wanted to do their own monitoring of their commander's performance, Fitt agreed this would be acceptable so long as the Secretary of Defense could monitor the monitors. Adding that officers, like other human beings, tended to concentrate on the tasks that would be reviewed by superiors, he wanted to see a judgment of a commander's ability to handle discrimination matters included in (p. 547) the narrative portion of his efficiency report. On the question of sanctions, Fitt pointed out to McNamara that the services now understood that their equal opportunity responsibilities extended beyond the limits of the military reservation but that several of their objections to the use of sanctions were sound. He suggested the secretary approve the use of sanctions in discrimination cases but place severe restraints on their imposition, restricting the decision to the secretary's office.

This suggestion no doubt pleased McNamara. Although the committee's recommendations might be the logical outcome of its investigations, in the absence of a strong federal civil rights law even a sympathetic secretary of defense could not accept such radical changes in the services' community relations programs without reservations. Nor, as Gesell later admitted, could a secretary of defense chance the serious compromise to the administration's effort to win passage of such a law that could be caused by some "too gung-ho" commander left to impose sanctions on his own.[21-62] The secretary agreed with the committee that much could be done by individual commanders in a voluntary way to change the customs of the local community, and he wanted the emphasis to be kept there.

[Footnote 21-62: Interv, author with Gesell, 13 May 72.]

Unlike Gesell, who doubted the effectiveness of directives and executive edicts ("trouble-making" he called them), McNamara considered equal opportunity matters "an executive job that should be handled by the Departments, using directives."[21-63] Armed with the committee's call for action and the services' agreement in principle, McNamara turned to the preparation of a directive, the main outline of which he transmitted to the President on 24 July after review by Burke Marshall in the Department of Justice. As McNamara explained to Marshall, "I would like to be able to tell him [the President] that you have read same and offer no objection."[21-64]

[Footnote 21-63: Ibid., and with McNamara, 11 May 72.]

[Footnote 21-64: Memo, McNamara for Burke Marshall (ca. 20 Jul 63), Marshall Papers, J. F. Kennedy Library.]

The Secretary of Defense promised the President to "eliminate the exceptions and guard the continuing reality" of racial equality in the services. In the light of the committee's conclusion that off-base discrimination reduced military effectiveness, he pledged that "the military departments will take a leadership role in combating discrimination wherever it affects the military effectiveness" of servicemen. McNamara admitted having reservations about some of (p. 548) the committee's recommendations, especially the closing of bases near communities that constantly practiced discrimination; such closings, he declared, were not feasible "at this time." Nevertheless he agreed with the committee that off-limits sanctions should be available to the services, for "certainly the damage to military effectiveness from off-base discrimination is not less than that caused by off-base vice, as to which the off-limits sanction is quite customary."[21-65] He failed to add that even though sanctions against vice were regularly applied by the local commander, sanctions against discrimination would be reserved to higher authority.

[Footnote 21-65: Idem for President, 24 Jul 63, copy in CMH.]

The directive, in reality an outline of the Department of Defense's civil rights responsibilities and the prototype of subsequent secretarial orders dealing with race, was published on 26 July 1963, the fifteenth anniversary of Harry Truman's executive order. It read in part:

II. Responsibilities.

A. Office of the Secretary of Defense:

1. Pursuant to the authority vested in the Secretary of Defense and the provisions of the National Security Act of 1947, as amended, the Assistant Secretary of Defense (Manpower) is hereby assigned responsibility and authority for promoting equal opportunity for members of the Armed Forces.

In the performance of this function he shall (a) be the representative of the Secretary of Defense in civil rights matters, (b) give direction to programs that promote equal opportunity for military personnel, (c) provide policy guidance and review policies, regulations and manuals of the military departments, and (d) monitor their performance through periodic reports and visits to field installations.

2. In carrying out the functions enumerated above, the Assistant Secretary of Defense (Manpower) is authorized to establish the Office of Deputy Assistant Secretary of Defense (Civil Rights).

B. The Military Departments:

1. The military departments shall, with the approval of the Assistant Secretary of Defense (Manpower), issue appropriate instructions, manuals and regulations in connection with the leadership responsibility for equal opportunity, on and off base, and containing guidance for its discharge.

2. The military departments shall institute in each service a system for regularly reporting, monitoring and measuring progress in achieving equal opportunity on and off base.

C. Military Commanders:

Every military commander has the responsibility to oppose discriminatory practices affecting his men and their dependents and to foster equal opportunity for them, not only in areas under his immediate control, but also in nearby communities where they may live or gather in off-duty hours. In discharging that responsibility a commander shall not, except with the prior approval of the Secretary of his military department, use the off-limits sanction in discrimination cases arising within the United States.[21-66]

[Footnote 21-66: DOD Dir 5120.36, 26 Jul 63.]

After some thirty months in office, Robert McNamara had made a (p. 549) most decisive move in race relations. In the name of fulfilling Harry Truman's pledge of equal treatment and opportunity he announced an aggressive new policy. Not only would the department work to eliminate discrimination in the armed forces, but when servicemen were affected it would work in the community as well. Even more ominous to the secretary's critics was the fact that the new policy revealed McNamara's willingness, under certain circumstances, to use the department's economic powers to force these changes. This directive marked the beginning of McNamara's most active period of participation in the civil rights revolution of the 1960's.

But the secretary's move did not escape strong criticism. The directive was denounced as infamous and shocking, as biased, impractical, undemocratic, brutally authoritarian, and un-American. If followed, critics warned, it would set the military establishment at war with society, inject the military into civilian political controversies in defiance of all traditions to the contrary, and burden military commanders with sociological tasks beyond their powers and to the detriment of their military mission.[21-67]

[Footnote 21-67: Alfred B. Fitt thus characterized the opposition in his Remarks Before Civilian Aides Conference of the Secretary of Army, 6 Mar 64, DASD (CR) files.]

"It is hard to realize that your office would become so rotten and degraded," one critic wrote McNamara. "In my opinion you are using the tactics of a dictator.... It is a tragic event when the Federal Government is again trying to bring Reconstruction Days into the South. Again the military is being used to bring this about." Did businesses not have the right to choose their customers? Did local authorities not have the right to enforce the law in their communities? And surely the white soldier deserved the freedom to choose his associates.[21-68] Another correspondent reproached McNamara: "you have, without conscience and with total disregard for the honorable history of the Military of our Great Nation, signed our freedom away." And still another saw her white supremacy menaced: "We have a bunch of mad dogs in Washington and if you and others like you are not stopped, our children will curse us. We don't want black grandchildren and we won't have them. If you want to dance with them--you have two legs, start dancing."

[Footnote 21-68: Ltr to SecDef, 29 Jul 63. This letter and the two following are typical of hundreds received by the secretary and filed in the records of ASD (M).]

Not all the correspondents were racist or hysterical. Some thoughtful citizens were concerned with what they considered extramilitary and illegal activities on the part of the services and took little comfort from the often repeated official statement that the Secretary of Defense had no present plans for the use of sanctions and hoped that they would never have to be used.[21-69]

[Footnote 21-69: Ltr, DASD (CR) to James Wilson, Director, National Security Commission, American Legion, 24 Sep 63, written when the legion had the adoption of a resolution against the directive under consideration. See also Ltrs, DASD (CR) to Sen. Frank Moss, 16 Aug 63, and ASD (M) to Congressman George Huddleston, 13 Aug 63; ASD (M), "Straightening Out the Record," 19 Aug 63; Memo, DASD (CR) for General Counsel, 4 Sep 63, sub: Use of the Off-Limits Power. All in DASD (CR) files.]

Some defenders of the directive saw the whole controversy over (p. 550) sanctions as a red herring dragged across the path of a genuine equal treatment and opportunity program.[21-70] During congressional debate on the directive, the use of off-limits sanctions quickly became the respectable issue behind which those opposed to any reform could rally. The Senate debated the subject on 31 July; the House on 7 August. During lengthy sessions on those days, opponents cast the controversy in the familiar context of states' rights, arguing that constitutional and legal points were involved. As Congressman Durward G. Hall of Missouri put it: "The recommendations made in the report and in the directive indicate a narrowness of vision which, in seeing only the civil rights issue, has blinded itself to the question of whether it is proper to use the Armed Forces to enforce a moral or social, rather than a legal, issue in the civilian sector."[21-71]

[Footnote 21-70: Ltr, Fitt to author, 22 May 72.]

[Footnote 21-71: Congressional Record, 88th Cong., 1st sess., vol. 109, p. 14350.]

Opponents argued generally that the directive represented government by fiat, an unprecedented extension of executive power that imposed the armed forces on civilian society in a new and illegal way. If the administration was already empowered to protect the civil rights of some citizens, why, they asked, was it pushing so hard for a civil rights bill? The fact was, several legislators argued, the Department of Defense was interfering with the civil rights of businessmen and practicing a crude form of economic blackmail.[21-72]

[Footnote 21-72: Ibid., pp. 13778-87, 14349-56.]

Critics also discussed the directive in terms of military efficiency. The secretary had given the commanders a new mission, Senator John Stennis of Mississippi noted, that "can only be detrimental to military tradition, discipline, and morale." Elaborating on this idea, Congressman L. Mendel Rivers of South Carolina predicted that the new policy would destroy the merit promotion system. Henceforth, Rivers forecast, advancement would depend on acceptance of integration; henceforth, racial quotas would "take the place of competence for purposes of promotion." Others were alarmed at the prospect of civil rights advisers on duty at each base and outside the regular chain of command. This outrage, Congressman H. R. Gross of Iowa charged, "would create the biggest army of snoopers and informers that the military has ever heard of."

Some legislators saw sinister things afoot in the Pentagon. Senator Herman E. Talmadge of Georgia thought he recognized a return to the military districting of Reconstruction days, and Congressman F. Edward Hebert of Louisiana warned that "everybody should be prepared for the midnight knock on the door." Congressman Otto E. Passman of Louisiana thought it most likely that Attorney General Kennedy was behind the whole thing; "a tragic state of affairs," he said, if the Justice Department was directing "the missions of the Military Establishment." Congressman Hebert found yet another villain in the piece. Adam Yarmolinsky, whom he incorrectly identified as the author of the McNamara directive, had, Hebert accused, "one objective in mind--with an almost sataniclike zeal--the forced integration of every facet of the American way of life, using the full power of the Department of Defense to bring about this change."[21-73] In line with these (p. 551) suspicions, some legislators reported that the secretary's new civil rights deputy, Alfred B. Fitt, was circulating among southern segregationist businessmen with, in Senator Barry M. Goldwater's words, "a dossier gleaned from Internal Revenue reports." Senator Stennis suspected that the Secretary of Defense had come under the influence of "obscure men," and he warned against their revolutionary strategy: "It had been apparent for some time that the more extreme exponents of revolutionary civil rights action have wanted to use the military in a posture of leadership to bring about desegregation outside the boundaries of military bases."[21-74]

[Footnote 21-73: Quotes are from ibid., pp. 13778, 13780, 14345-46, 14349, 14351, 14352.]

[Footnote 21-74: Ibid., Senate, 31 Jul 63, pp. 13779, 13783.]

The congressional critics had a strategy of their own. They would try to persuade McNamara to rescind or modify his directive, and, failing that, they would try to change the new defense policy by law. Senators Goldwater, J. William Fulbright of Arkansas, and Robert C. Byrd of West Virginia, along with some of their constituents, debated with McNamara while no less than the chairman of the House Armed Services Committee, Carl Vinson of Georgia, introduced a bill aimed at outlawing all integration activity by military officers.[21-75] Their campaign came to naught because the new policy had its own supporters in Congress,[21-76] and the great public outcry against the directive, so ardently courted by its congressional opponents, failed to materialize. Judging by the press, the public showed little interest in the Gesell Committee's report and comment on the secretary's directive was regional, with much of it coming from the southern press. Certainly the effect of the directive could not compare with the furor set off by the Truman order in 1948.

[Footnote 21-75: Congressional letters critical of the directive can be found in DASD (CR) and SD files, 1963. See, for example, Ltrs, Fulbright to SecDef, 22 Aug 63, R. C. Byrd to SecDef, 13 Aug 63, Goldwater to SecNav, 17 Jul 63, Rivers to ASD (M), 3 Oct 63, Gillis Long to SecDef, 8 Aug 63, Bob Sikes to SecDef, 15 Jul 63. Intense discussion of the constitutionality of the directive and of Vinson's bill took place among department officials during September and October 1963. See the following Memos: DASD (CR) for ASD (M), 25 Oct 63, sub: Vinson Bill Comment With Inclosures; ASD (M) for Under SA et al., 24 Sep 63, sub: H.R. 8460; Asst Gen Counsel (Manpower) for ASD (M), 4 Sep 63. All in ASD (M) 291.2.]

[Footnote 21-76: Letters in support of the DOD Directive can be found in ASD (CR) (68A1006) files, 1963.]

The attitude of the press merely underscored a fact already obvious to many politicians on Capitol Hill in 1963--equal opportunity in the armed forces had dwindled to the status of a minor issue in the greater civil rights struggle engulfing the nation. The media reaction also suggested that prolonged attacks against the committee and the directive were for hometown consumption and not a serious effort to reverse policy. In effect a last hurrah for the congressional opponents of integration in the armed forces, the attacks failed to budge the Secretary of Defense and marked the end of serious congressional attempts to influence armed forces racial policy.[21-77] The threat of congressional opposition, at times real and sometimes imagined, had discouraged progressive racial policies in the Department of Defense for over a quarter of a century. Its abrupt and public demise robbed the traditionalists in the Department of (p. 552) Defense of a cherished excuse for inaction.

[Footnote 21-77: A late victim of the anticivil rights forces in Congress was Adam Yarmolinsky. His appointment as deputy director of the Office of Economic Opportunity was withdrawn as a result of criticism in the House. One cause of this criticism was his connection with the Gesell Committee. See Mary McGrory, "A Southern Hatchet Fell," Washington Star, August 10, 1964.]

The Gesell Committee: Final Report

While the argument over the McNamara directive raged, the Gesell Committee worked quietly if intermittently on the final segment of its investigation, the status of blacks stationed overseas and in the National Guard. President Kennedy's death in November 1963 introduced an element of uncertainty in a group serving at the pleasure of the Chief Executive. Special Presidential Counsel Lee C. White arranged for Gesell to meet with President Lyndon B. Johnson, and Gesell offered to disband the committee if Johnson wished. The President left it in being. As Gesell later observed: "The committee felt that Johnson understood us and our work in a way better than Kennedy who had no clear idea on how to go with the race issue. We had no trouble with Johnson who could have stopped us if he wanted."[21-78]

[Footnote 21-78: The quote is from author's interview with Gesell on 13 May 1972. See also Ltr, White to Gesell, 8 Jan 64, and Memo, Gesell for Members of the Committee, 26 Feb 64, both in Gesell Collection, J. F. Kennedy Library.]

The committee's operations became even more informal in this final stage. Its investigations completed, its staff dissolved, and its members (now one man short with the resignation of Nathaniel Colley) scattered, the committee operated out of Gesell's law office. He was almost exclusively responsible for its final report.[21-79] This informality masked the protracted negotiations that the committee conducted with the National Guard Bureau over the persistent exclusion of Negroes. It also masked the solid investigation by individual committee members and the voluminous evidence gathered by the staff in support of the group's final report.

[Footnote 21-79: Memo, Gesell for Members of the Committee, 26 Feb 64.]

These investigations and the documentary evidence again confirmed the findings of the Civil Rights Commission, although the Gesell Committee's emphasis was different. It dismissed the problem of assignment of Negroes to overseas stations. The percentage of Negroes, both officers and men, sent overseas approximated their percentage in the continental United States, and with rare and "understandable" exceptions--it cited South Africa--overseas assignments in the armed forces were made routinely without regard for race.[21-80] The committee also quickly dismissed the problem of discrimination on overseas bases, which it considered "minimal," and as in the United States chiefly the result of poor communication between commanders and men. The group concentrated instead on discrimination off base, especially in Germany. Back from a firsthand look in April 1964, Benjamin Muse reported that local American commanders seemed unwilling to take the matter seriously, but he considered it delicate and complex, principally because prejudice had been most often introduced by American servicemen. He suggested that off-limits sanctions should also be imposed in Germany but "only after consultation and on a (p. 553) basis of mutual understanding with German municipal authorities."[21-81]

[Footnote 21-80: The President's Committee on Equal Opportunity in the Armed Forces, "Final Report: Military Personnel Stationed Overseas and Membership and Participation in the National Guard, November 1964" (hereafter cited as "Final Report"), copy in CMH.]

[Footnote 21-81: Ltr, Muse to Gesell, 23 Apr 64, Gesell Collection, J. F. Kennedy Library.]

The committee wanted the recommendations on off-base discrimination contained in its initial report also applied overseas. Ignoring the oft made distinction about the guest status of overseas service, it wanted the Department of State enlisted in a campaign against discrimination in public accommodations, including the use of off-limits sanctions when necessary. The committee also called for a continuing review to insure equal opportunity in assignments to attache and mission positions.

The committee devoted the largest portion of its final report to the National Guard, "the only branch of the Armed Forces," it told President Johnson, "which has not been fully integrated."[21-82] Chairman Gesell later reported that when the segregated state guards were pressured they "resisted like hell."[21-83] This resistance had a political dimension, but when Attorney General Kennedy chided that "you are killing us with the Guard," Gesell replied that the committee took orders from the President and would ignore the political problems involved. Nevertheless, before the committee issued its report Gesell sent the portions on the National Guard to the Justice Department for comment, as one justice official noted, "apparently ... in the hope that its recommendation will not prove embarrassing to the administration."[21-84]

[Footnote 21-82: "Final Report," p. 12.]

[Footnote 21-83: Interv, author with Gesell, 3 Nov 74.]

[Footnote 21-84: The Kennedy quote is from the author's interview with Gesell on 13 May 1972. The Justice Department quote is from Memo, Gordon A. Martin (Dept of Justice) for Burke Marshall, 26 Jul 63, sub: Proposed Gesell Cmte Rpt on the National Guard, Marshall Papers, J. F. Kennedy Library.]

The committee admitted that its investigation of the National Guard was incomplete because of the variation in state systems and the absence of statistical data on recruitment, assignment, and promotion in some state guards. It had no doubt, however, of the central premise that discrimination existed. For example, until 1963 ten states with large black populations had no black guardsmen at all. Membership in the guard, the committee concluded, was a distinct advantage for some individuals, providing the chance to perform their military obligation without a lengthy time away from home or work. Because of the peculiar relationship between the reserve and regular systems, National Guard service had important advantages in retirement benefits for others. These advantages and benefits should, in simple fairness, be open to all, but beyond the basic constitutional rights involved there were practical reasons for federal insistence on integration. The committee accepted the National Guard Bureau's conclusion that, since guard units were subject to integration when federalized, their morale and combat efficiency would be improved if their members were accustomed to service with Negroes in all ranks during training.[21-85]

[Footnote 21-85: "Final Report," pp. 19-20.]

The committee stressed executive initiatives. It wanted the President to declare the integration of the National Guard in the national interest. It wanted the Department of Defense to demand pertinent (p. 554) racial statistics from the states. For psychological advantages, it wanted the recent liberalization of guard policies toward Negroes widely publicized. Again suggesting voluntary methods as a first step, the committee called for the use of economic sanctions if voluntary methods failed. The President should lose no time in applying the provisions of the new Civil Rights Act of 1964, which forbade the use of federal funds in discriminatory activities, to offending states. As it had been in the case of discrimination in local communities, the committee was optimistic about the success of voluntary compliance. Citing its own efforts and those of the National Guard Bureau,[21-86] the committee reported that the last ten states to hold out had now begun to integrate their guard units at least on a token basis. In fact, the committee's report had to be revised at the last minute because Alabama and Mississippi enrolled Negroes in their enlisted ranks.

[Footnote 21-86: The National Guard Bureau is a joint agency of the Departments of the Army and Air Force which acts as adviser to the service staffs on National Guard matters and as the channel of communication between the two departments and the state guards. The chief of the bureau is always a National Guard officer.]

Chairman Gesell circulated a draft report containing these findings and recommendations among committee members in September 1964.[21-87] His colleagues suggested only minor revisions, although Whitney Young thought that some of the space spent on complimenting the services could be better used to emphasize the committee's recommendations for further reform. He did not press the point but noted wryly: "if we were as sensitive about the feelings of the victims of discrimination as we are of the perpetuators, we wouldn't have most of these problems to begin with."[21-88] Maj. Gen. Winston P. Wilson, the Chief of the National Guard Bureau, also reviewed the draft and found it "entirely fair, temperate and well-founded."[21-89] The committee's final report was sent to the President on 20 November 1964. A month later Johnson sent it along to McNamara with the request that he be kept informed on progress of the negotiations between the secretary and the governors on integration of the National Guard.[21-90]

[Footnote 21-87: The draft was also sent for comment to the National Guard Bureau; see Ltr, Chief, NGB, to Gesell, 13 Nov 64, Gesell Collection, J. F. Kennedy Library.]

[Footnote 21-88: Memo, Gesell for Members of the President's Committee on Equal Opportunity in the Armed Forces, 20 Nov 64. The quotation is from Ltr, Young to Gesell, 23 Sep 64. For the reaction of other members see, for example, Ltrs, Sengstacke to Gesell, 9 Oct 64, Muse to Gesell, 16 Sep 64, Fortas to Gesell, 29 Sep 64. All in Gesell Collection, J. F. Kennedy Library.]

[Footnote 21-89: Ltr, Gen Wilson, NGB, to Gesell, 13 Nov 64, Gesell Collection, J. F. Kennedy Library.]

[Footnote 21-90: Ltr, President to SecDef, 26 Dec 64, copy in CMH.]

The radical change in the civil rights orientation of the Department of Defense demanded by the administration's civil rights supporters was obviously a task too controversial for the department to assume in 1963 on its own initiative. It was, as a member of the Gesell Committee later remarked, a task that only a group of independent citizens reporting to the President could effectively suggest.[21-91] In the end the committee did all that its sponsors could have wanted. It confirmed the persistence of discrimination against black servicemen both on and off the military base and effectively tied that discrimination to troop morale and military efficiency. The (p. 555) committee's conclusions, logically derived from the connection between morale and efficiency, introduced a radically expanded concept of racial responsibility for the armed forces.

[Footnote 21-91: Interv, author with Muse, 2 Mar 73.]

Although many people strongly associate the Gesell Committee with the use of economic coercion against race discrimination in the community, the committee's emphasis was always on the local commander's role in achieving voluntary compliance with the department's equal opportunity policies. Economic sanction was conceived of as a last resort. The directive of the Secretary of Defense that endorsed these recommendations was also denounced for embracing sanctions, although here the charges were even less appropriate because the use of sanctions was severely circumscribed. It remained to be seen how far command initiative and voluntary compliance could be translated by the services into concrete gains.

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22. (p. 556)

Equal Opportunity in the Military Community

When Secretary McNamara issued his equal opportunity directive in 1963, all segregated public accommodations, schools, and even housing near military reservations became potential targets of the Department of Defense's integration drive. This change in policy was substantive, but the traditionalists who feared the sudden intrusion of the services into local community affairs and the reformers who later charged McNamara with procrastination missed the point. More than a declaration of racial principles, the directive was a guideline for the progressive application of a series of administrative pressures. Endorsing the Gesell Committee's concept of command responsibility, McNamara enjoined the local commander to oppose discrimination and foster equal opportunity both on and off the military base. He also endorsed the committee's recommendation for the use of economic sanctions in cases where voluntary compliance could not be obtained. By demanding the approval of the service secretaries for the use of sanctions, McNamara served notice that this serious application of the commander's authority would be limited and infrequent. He avoided altogether the committee's call for closing military bases.

The secretary's critics overlooked the fact that no exact timetable was set for the reforms outlined in the directive, and actually several factors were operating against precipitate action on discrimination outside the military reservation. Strong sentiment existed among service officials for leaving off-base discrimination problems to the Department of Justice, and, as early reactions to the committee report revealed, the committee's findings did little to alter these feelings. More important, the inclination to postpone the more controversial aspects of the equal opportunity directive received support from the White House itself. Political wisdom dictated that the Department of Defense refrain from any dramatic move in the civil rights field while Congress debated the civil rights bill, a primary legislative goal of both the Kennedy and Johnson administrations. "Avoid civil rights spectaculars" was the White House's word to the executive departments while the civil rights act hung fire.[22-1]

[Footnote 22-1: Quoted in Ltr, Fitt to author, 22 May 72; see also Interv, author with Jordan, 7 Jun 72.]

The lack of pressure by black servicemen and civil rights advocates lent itself to official procrastination. Civil rights organizations, preoccupied with racial unrest throughout the nation and anxious for the passage of new civil rights legislation, seemed to lose some (p. 557) of their intense interest in service problems. They paid scant attention to the directive beyond probing for the outer limits of the new policy. In the months following the directive, officials of the NAACP and other organizations shot off a spate of requests for the imposition of off-limits sanctions against certain businesses and schools and in some cases even whole towns and cities.[22-2] When Defense Department officials made clear that sanctions were to be a last, not first, resort and offered the cooperation of local commanders for a joint effort against local discrimination through voluntary compliance, the demands of the civil rights organizations petered out.[22-3]

[Footnote 22-2: See Ltr, J. Francis Pohlhous, Counsel, Washington Bureau, NAACP, to SecDef, 5 Aug 63, ASD (M) 291.2; Telg, NAACP Commanders to SecDef, DA IN 886952, ASD (M) 334 Equal Opportunity in Armed Forces (21 Jul 63); Ltr, Juanita Mitchell, President, Baltimore Branch, NAACP, to SecDef, 11 May 64, copy in CMH. Sec also New York Times, July 23, 1963.]

[Footnote 22-3: See Ltrs, DASD (CR) to J. Francis Pohlhous, 15 Aug and 6 Sep 63; Albert Fritz, Utah Branch, NAACP, 29 Aug 63; and Juanita Mitchell, 18 Mar 64. See also Ltr, DASD (Civ Pers, Industrial Relations, and Civil Rights) to Moses Newsom, Afro-American Newspapers, 2 Feb 65. Copies of all in CMH.]

According to a 1964 survey of black servicemen and veterans, this group enjoyed military life more than whites and were more favorably disposed toward the equal opportunity efforts of the Department of Defense.[22-4] They continued to complain, but the volume of their complaints was considerably reduced. One unsettling note: although fewer in number, the complaints were often addressed to the White House, the Justice Department, the civil rights organizations, or the Secretary of Defense, thus confirming the Gesell Committee's finding that black servicemen continued to distrust the services' interest in or ability to administer justice.[22-5]

[Footnote 22-4: Charles Moskos, "Findings on American Military Establishment" (Northeastern University, 1967), quoted in Yarmolinsky, The Military Establishment, p. 343.]

[Footnote 22-5: For many examples of these racial complaints and their disposition, see DASD (CR) files, 1963-64, especially Access Nos. 68-A-1006 and 68-A-1033.]

The Secretary of Defense's manpower staff processed all these complaints. It dismissed those considered unrelated to race but forwarded many to the individual services with requests for immediate remedial action. Significantly, those involving the violation of a serviceman's civil rights off base continued to be sent to the Justice Department for disposition. Defense Department officials themselves adjudicated the hundreds of discrimination cases involving civilian employees.[22-6]

[Footnote 22-6: The Assistant Secretary of Defense (Manpower) prepared a monthly compilation of all discrimination cases in the Department of Defense involving civilian employees. Originally requested by then Vice President Lyndon Johnson in his capacity as chairman of the President's Committee on Equal Opportunity in Employment in June 1962, the reports were continued after the Gesell Committee disbanded. The report for November 1963, for example, listed 144 cases of "Contractor Complaints" investigated and adjudicated and 159 cases of "In-House Complaints" being processed in the Department of Defense. See Memo, ASD (M) for SA et al., 20 Dec 63, ASD (M) 291.2.]

In the weeks and months following publication of the equal opportunity directive, official replies to the demands and complaints of black servicemen and their allies in the civil rights organizations continued to be carefully circumscribed. Whatever skepticism such restricted application of the Gesell recommendations may have produced among the civil rights leaders, the department found itself surprisingly free from outside pressure. It was able to set the pace of its own reform and to avoid meanwhile a clash with either (p. 558) reformers or segregationists over major civil rights issues of the day.

Creating a Civil Rights Apparatus

The Defense Department could do little about discrimination either on or off the military reservation until it was better organized for the task. The secretary needed new bureaucratic tools with which to develop new civil rights procedures, unite the disparate service programs, and document whatever failures might occur. He created a civil rights secretariat, assigning to his manpower assistant, Norman S. Paul,[22-7] the responsibility for promoting equal opportunity in the armed forces. Although racial affairs had always been considered among the manpower secretary's general duties, with precedents reaching back through the Personnel Policy Board to World War II when Assistant Secretary of War John J. McCloy supervised the employment of black troops, McNamara now significantly increased these responsibilities. The assistant secretary would represent him "in civil rights matters," would direct the department's equal opportunity programs, and would provide policy guidance for the military departments, reviewing their policies, regulations, instructions, and manuals and monitoring their performance.[22-8] To carry out these functions, the Secretary of Defense authorized his assistant to create a deputy assistant secretary for civil rights.[22-9] Again a precedent existed for the secretary's move. In January 1963 Paul had assigned an assistant to coordinate the department's racial activities.[22-10] The reorganization transferred the person and duties of the secretary's civilian aide, James C. Evans, to the Office of the Deputy Assistant Secretary for Civil Rights. The new organization was thus provided with a pedigree traceable to World War I and the work of Emmett J. Scott,[22-11] although Evans' move to the deputy's staff was the only connection between Scott and that office. The civilian aides, limited by the traditionally indifferent attitudes of the services toward equal opportunity programs, had been used to advise civilian officials on complaints from the black community, especially black servicemen, and to rationalize service policies for civil rights organizations. The new civil rights office, reflecting McNamara's positive intentions, was organized to monitor and instruct military departments.

[Footnote 22-7: Norman S. Paul succeeded Carlisle Runge as Assistant Secretary of Defense (Manpower) on 8 August 1962.]

[Footnote 22-8: DOD Dir 5120.36, 26 Jul 63. For an extended discussion of the functions of the Assistant Secretary of Defense (Manpower) and his civil rights deputy, see Memo, DASD (CR) for Mr. Paul, 21 Sep 65, sub: Policy Formulation, Planning and Action in the Office of the Deputy Assistant Secretary of Defense (Civil Rights), 26 July 1963-26 September 1965, ASD (M) 291.2. This significant document, a progress report on civil rights in the first two years of McNamara's new program, is an important source for much of the following discussion and will be referred to hereafter as Paul Memo.]

[Footnote 22-9: DOD News Release 1057-63, 29 Jul 63.]

[Footnote 22-10: Memo, ASD (M) for DASD (Education) et al., 23 Jan 63, sub: Coordination of All Matters Related to Racial Problems, ASD (M) 291.2.]

[Footnote 22-11: Evans' predecessors included Emmett J. Scott, Special Assistant to the Secretary of War, 1917-19; William H. Hastie, Civilian Aide to the Secretary of War, 1940-43; Truman K. Gibson, 1944-46; and Marcus H. Ray, 1946-47. Evans left Army employ to join the staff of the Secretary of Defense in 1947. See Memo for Rcd, Counselor to ASD (M), 1 Mar 62, ASD (M) 291.2.]

The civil rights deputy was a relatively powerless bureaucrat. (p. 559) He might investigate discrimination and isolate its causes, but he enjoyed no independent power to reform service practices. His substantive dealings with the services had to be staffed through his superior, the Assistant Secretary for Manpower, a man to whom equal opportunity was but one of many problems and who might well question new or aggressive civil rights tactics. Such an attitude was understandable in an official with little or no experience in civil rights matters and no day-to-day contact with civil rights operations. Norman Paul, whose experience was in legislative liaison, might also be especially sensitive to the possibility of congressional or public criticism.[22-12] Indicative of the assistant secretary's attitude toward his civil rights deputy was the fact that the position was reorganized and retitled, with some significant corresponding changes in function each time, a bewildering five times in ten years.[22-13] To add to the problems of the civil rights office, nine different men were to occupy the deputy's position, three of them in the capacity of acting deputy, in that same decade.[22-14]

[Footnote 22-12: Before assuming the manpower position, Norman Paul was the chief of legislative liaison for the Department of Defense. For a critique of the work of the ASD (M) incumbents in the racial field, see O'Brien's interview with Gilpatric, 5 May 70, J. F. Kennedy Library.]

[Footnote 22-13: For a discussion of the effect of the proliferation of assistants in the manpower office, see USAF oral history interview with Evans, 24 Apr 73.]

[Footnote 22-14: The incumbents were Alfred B. Fitt, Stephen N. Shulman, Jack Moskowitz, L. Howard Bennett (acting), Frank W. Render II, Donald L. Miller, Curtis R. Smothers (acting), Stuart Broad (acting), and H. Minton Francis.]

The organization of the equal opportunity program of the Secretary of Defense was not without its critics. Some wanted to enhance the prestige of the equal opportunity program by creating a separate assistant secretary for civil rights.[22-15] Such an official, accountable to the Secretary of Defense alone, would be free to direct the services' racial activities and, they agreed, would also serve as a highly visible symbol to servicemen and civil rights advocates alike of the department's determination to execute its new policy. Others, however, defended the existing organization, arguing that racial discrimination was a manpower problem, and the number of assistant secretaries was fixed by law and the chance of congressional approval for yet another manpower position was remote.[22-16]

[Footnote 22-15: This solution was still being recommended a decade later; see Department of Defense, "Report of the Task Force on the Administration of Military Justice in the Armed Forces," 30 Nov 72, vol. I, pp. 51, 112. See also Interv, author with L. Howard Bennett (former DASD [CR]), 13 Dec 73, CMH files.]

[Footnote 22-16: Interv, author with Col George R. H. Johnson, Deputy, Plans and Policy, DASD (Equal Opportunity), 9 Aug 73, CMH files.]

These organizational problems had yet to appear in July 1963 when at Yarmolinsky's suggestion Secretary McNamara appointed Alfred B. Fitt the first civil rights deputy. Since 1961 the Army's Deputy Under Secretary for Manpower, Fitt had recently been on loan to the Office of the Secretary of Defense to coordinate the department's responses to the Gesell Committee. He was the author of the equal opportunity directive signed by McNamara, and his personal views on the subject, while consistent with those of Yarmolinsky and McNamara, were often expressed in more advanced terms. Going beyond the usual arguments for equal treatment based on morale and military efficiency, Fitt (p. 560) referred to the black servicemen's struggle as a moral issue. He was glad, he later confessed, to be on the right side of such an issue, and he felt indebted to the positive racial policies of Kennedy and Johnson and their Secretary of Defense.[22-17] He quickly gathered around him a staff of like-minded experts who proceeded to their first task, a review of the services' outline plans called for in the secretary's directive.[22-18]

[Footnote 22-17: Ltr, DASD (CR) to Gesell, 28 Jul 64, Gesell Collection, J. F. Kennedy Library.]

[Footnote 22-18: Interv, author with Jordan, 7 Jun 72.]

Although merely outlines of proposed service programs, the three plans submitted in July and August nevertheless reflected the emphasis on off-base discrimination preached by the Gesell Committee and endorsed by the Secretary of Defense.[22-19] The plans also revealed the services' essential satisfaction with their current on-base programs, although each outlined further reforms within the military community. The Navy, for example, announced reforms in recruitment methods, and the Army planned the development of more racially equitable training programs and job assignments. All three services discussed new (p. 561) provisions for monitoring their equal opportunity programs, with the Army including explicit provisions for the processing of servicemen's racial complaints. And to insure the coordination of equal opportunity matters in future staff decisions, each service also announced (the Navy in a separate staff action) the formation of an equal opportunity organization in its military staff: an Equal Rights Branch in the office of the Army's Deputy Chief of Staff for Personnel, an Equal Opportunity Group in the Air Force's Directorate of Personnel Planning to work in conjunction with its Secretary's Committee on Equal Opportunity, and an Ad Hoc Committee in the Navy's Bureau of Personnel.

[Footnote 22-19: Memos: Dep to SecAF for Manpower, Personnel, and Organization for ASD (M), 15 Aug 63, sub: Implementation of DOD Directive 5120.36; SA for ASD (M), 15 Aug 63, sub: Equal Opportunity in the Armed Forces; Under SecNav for ASD (M), 15 Aug 63, sub: Outline Plan for Implementing Department of Defense Directive 5120.36, "Equal Opportunity in the Armed Forces," dated 26 Jul 63. All in ASD (M) 291.2.]

The outline plans revealed that the services entertained differing interpretations of the McNamara call for command responsibility in equal opportunity matters. The Gesell Committee had considered this responsibility of fundamental importance and wanted the local commander held accountable and his activities in this area made part of his performance rating. There was some disagreement among manpower experts on this point. How, one critic asked, could the services set up standards against which a commander's performance might be fairly judged? How could they insure that an overzealous commander might not, in the interest of a higher efficiency report, upset anti-discrimination programs that called for subtle negotiation?[22-20] But to Chairman Gesell the equal opportunity situation demanded action, and how could this demand be better impressed on the commander than by the knowledge that his performance was being measured?[22-21] The point of this argument, which the committee accepted, was that unless personal responsibility was fixed, policies and directives on equal opportunity were just so much rhetoric.

[Footnote 22-20: Interv, author with Davenport, 2 Aug 73, CMH files.]

[Footnote 22-21: Interv, author with Gesell, 13 May 72.]

Only the Army's outline plan explicitly adopted the committee's controversial recommendation that "the effective performance of commanders in this area will be considered along with other responsibilities in determining his overall manner of duty performance." The Navy equivocated. Commanders would "monitor continually racial matters with a goal toward improvement." The Inspectors General of the Navy and Marine Corps were "instructed to appraise" all command procedures. The Air Force expected base base commanders to concern themselves with the welfare nondiscriminatory treatment of its servicemen when they were away from the base, but it left them considerable freedom in the matter. "The military mission is predominant," the Air Force announced, and the local commander must be given wide latitude in dealing with discrimination cases since "each community presented a different situation for which local solutions must be developed."

The decision by the Navy and Air Force to exempt commanders from explicit responsibility in equal opportunity matters came after some six months of soul-searching. Under Secretary of the Navy Fay agreed with his superior that the Navy's equal opportunity "image" suffered in comparison to the other services and the percentage of Negroes in the Navy and Marine Corps left much to be desired. But when (p. 562) ordered by Secretary Fred Korth to develop a realistic approach to equal opportunity in consultation with the Gesell Committee, Fay's response tended to ignore service shortcomings and, most significantly, failed to fix responsibility for equal opportunity matters. He proposed to revise Navy instructions to provide for increased liaison between local commanders and community leaders and monitor civil rights cases involving naval personnel, but his response neither discussed new ways to increase job opportunities for Negroes nor mentioned making equal opportunity performance a part of the military efficiency rating system.[22-22] His elaborate provisions for monitoring and reporting notwithstanding, his efforts appeared primarily cosmetic.

[Footnote 22-22: Memo, Under SecNav for SecNav, 7 Feb 63, sub: Equal Opportunity in the Navy and Marine Corps, SecNav file 5420, GenRecsNav.]

Undoubtedly, the Navy's image in the black community needed some refurbishing. Despite substantial changes in the racial composition of the Steward's Branch in recent years, Negroes continued to avoid naval service, as a special Navy investigation later found, because "they have little desire to become stewards or cooks."[22-23] Fay believed that the shortage of Negroes was part of a general problem shared by all the services. His public relations proposals were designed (p. 563) to overcome the difficulty of attracting volunteers. His recommendations were approved by Secretary Korth in February 1963 and disseminated throughout the Navy and Marine Corps for execution.[22-24] With only minor modification they were also later submitted to the Secretary of Defense as the Navy's outline plan.

[Footnote 22-23: Memo, David M. Clinard, Spec Asst, for SecNav, 11 Oct 63, sub: Interviews With Negro Personnel at Andrews Air Force Base, copy in CMH.]

[Footnote 22-24: SecNav Instruction 5350.2A, 6 Mar 63; Personal Ltr, SecNav to All Flag and General Officers et al., 26 Mar 63, copy in CMH; SecNav Notice 5350, 3 Apr 63; AlNav 28, 6 Sep 63. See also Cmdt, USMC, Report of Progress--Equal Opportunity in the United States Marine Corps (ca. 30 Jun 63), Hist Div HQMC; Memo, Chief, NavPers, for Under SecNav, 20 May 63, sub: Interim Progress Report on Navy Measures..., SecNav file 5420, GenRecsNav.]

Even as Fay settled on these modest changes, signs pointed to the possibility that the department's military leaders would be amenable to more substantial reform. The Chief of Naval Personnel admitted that the Gesell Committee's charges against the service were "to some extent" justified and warned naval commanders that if they failed to take a more positive approach to equal opportunity they would be ordered to take actions difficult for both the Navy and the community. Better "palatable evolutionary progress," he counseled, than "bitter revolutionary change."[22-25]

[Footnote 22-25: Ltr, Chief, NavPers, to CONUS District Cmdrs et al., 22 Apr 63, attached to Memo, Chief, NavPers, for Distribution List, 24 Apr 63, sub: President's Committee on Equal Opportunity in the Armed Forces, SecNav file 5420, GenRecsNav.]

Air Force officials had also considered the problem of command responsibility in the months before submitting their outline plan. As early as December 1962, Under Secretary Joseph V. Charyk admitted the possibility of confusion over what the policy of base commanders should be concerning off-base segregation. He proposed that the staff consider certain "minimum" actions, including "mandatory evaluation of all officers concerning their knowledge of this program and the extent to which they have complied with the policy of anti-discrimination."[22-26] Secretary Zuckert discussed Charyk's proposal with his assistants on 23 January 1963. It was also considered by McNamara, who then passed it to the other services, calling on them to develop similar programs.[22-27] Finally, Air Force officials discussed command responsibility in preparing their critique of Gesell Committee recommendations, and Secretary Zuckert informed Assistant Secretary of Defense Paul that "the responsibility for this [the Air Force's anti-discrimination] program will be clearly designated down to base level."[22-28] Despite this attention, the subject of specific command responsibility was not clearly delineated in the Air Force's outline plan.

[Footnote 22-26: Memo, Actg SecAF CofSAF, 8 Dec 62, sub: Anti-Discrimination Policy in the Military Service, SecAF files.]

[Footnote 22-27: Memo, SecDef for SA and Navy, 4 Mar 63, sub: Anti-Discrimination Policy in the Military Service, copy in CMH. McNamara received the Air Force document from Charyk through Yarmolinsky. See Memo, Benjamin Fridge, Spec Asst for Manpower and Reserve Forces, for SecAF, 4 Mar 63, sub: Anti-Discrimination Policies; see also Memo, Asst Vice CofS, USAF, for SecAF, 26 Feb 63, same sub, 687-63; both in SecAF files.]

[Footnote 22-28: Memo, SecAF for ASD (M), 10 Jul 63, sub: Air Force Response to the Gesell Committee Report, ASD (M) 291.2.]

Paul ignored the critical differences in the services' outline plans when he approved all three without distinction on 13 September.[29] Alfred Fitt later explained why the Department had not insisted (p. 564) the services adopt the committee's specific recommendations on command responsibility. Commenting on the committee's call for the appointment of a special officer at each base to transmit black servicemen's grievances to base commanders, Fitt acknowledged that most Negroes were reluctant to complain, but said the services were aware of this reluctance and had already devised means to overcome it. Problems in communication, he pointed out, were leadership problems, and commanders must be left free to find their own method of learning about conditions in their commands. As for the committee's suggestion that equal opportunity initiatives in the local community be made a consideration in the promotion of the commander, the Defense Department had temporized. Such initiatives, Fitt explained, might be considered part of the commander's total performance, but it should never be the governing factor in determining advancement.[30]

[Footnote 22-29: Memo, ASD (M) for Under SA et al., 13 Sep 63, sub: DOD Directive 5120.36, 26 Jul 63, Equal Opportunity, ASD (M) 291.2.]

[Footnote 22-30: Alfred B. Fitt, Deputy Assistant Secretary of Defense (Civil Rights), "Remarks Before Civilian Aides Conference of the Secretary of the Army," 6 Mar 64, copy in CMH.]

Yet the principle of command responsibility was not completely ignored, for Paul made his approval of the plans contingent on several additional service actions. Each service had to prepare for commanders an instruction manual dealing with the discharge of their equal opportunity responsibilities, develop an equal opportunity information program for the periodic orientation of all personnel, and institute some method of insuring that all new commanders promptly reviewed equal opportunity programs applicable to their commands. The secretary also set deadlines for putting the plans into effect. The preparation of these comprehensive regulations and manuals, however, took much longer than expected, a delay, Fitt admitted, that slowed equal opportunity progress to some extent.[22-31] In fact, it was not until January 1965 that the last of the basic service regulations on equal opportunity was published.[22-32]

[Footnote 22-31: Ltr, DASD (Civil Rights) to Gesell, 30 Apr 64, ASD (M) 291.2.]

[Footnote 22-32: AR 600-21, 2 Jul 64 (superseded by AR 600-21, 18 Mar 65); AFR 35-78, 19 Aug 64 (superseded in May 71); SecNav Instructions 5350.6, Jan 65, 5350.5A, 16 Dec 65, and 5370.7, 4 Mar 65. See also NAVSO P2483, May 65, "A Commanding Officer's Guide for Establishing Minority Community Relations."]

There were several reasons for the delay. The first was the protracted congressional debate over the civil rights bill. Some service officials strongly supported the stand that off-base complaints of black servicemen were chiefly the concern of the Justice Department. On a more practical level, however, the Department of Defense was reluctant to issue new directives while legislation bearing directly on discrimination affecting servicemen was being formulated. Accepting these arguments, Paul postponed the services' submission of new regulations and manuals until the act assumed final form.

The delayed publication of the service regulations could also be blamed in part on the confusion that surrounded the announcement of a new Defense policy on attendance at segregated meetings. The issue arose in early 1964 when Fitt discovered some defense employees accepting invitations to participate in segregated affairs while others refused on the basis of the secretary's equal opportunity directives. Inconsistency on such a delicate subject disturbed the civil rights deputy. The services had fortuitously avoided several (p. 565) potentially embarrassing incidents when officials were invited to attend segregated functions, and Fitt warned Paul that "if we don't erect a better safeguard than sheer chance, we're bound somewhere, sometime soon to look foolish and insensitive."[22-33] He wanted McNamara to issue a policy statement on the subject, admittedly a difficult task because it would be hard to write and would require White House clearance that might not be forthcoming. For the short run Fitt wanted to deal with the problem at a regular staff meeting where he could discuss the matter and coordinate his strategy without the delay of publishing new regulations.

[Footnote 22-33: Memo, DASD (CR) for Paul, 10 Feb 64, sub: Official Attendance at Segregated Meetings, ASD (M) 291.2.]

As it turned out, anxiety over White House approval proved groundless. "The President has on numerous occasions made clear his view that Federal officials should not participate in segregated meetings," White House Counsel Lee C. White informed all department and agency heads, and he suggested that steps be taken in each department to inform all employees.[22-34] The Deputy Secretary of Defense, Cyrus R. Vance, complied on 7 July by issuing a memorandum to the services prohibiting participation in segregated meetings. Adding to the text prepared in the White House, he ordered that this prohibition be incorporated in regulations then being prepared, a move that necessitated additional staffing of the developing equal opportunity regulations.[22-35]

[Footnote 22-34: Memo, Assoc Spec Counsel to President for Heads of Departments and Agencies, 12 Jun 64, sub: Further Participation at Segregated Meetings, copy in CMH.]

[Footnote 22-35: Memo, Dep SecDef for Secys of Military Departments et al., 7 Jul 64, sub: Federal Participation at Segregated Meetings, SD 291.2. The Army's regulation, published on 2 July, five days before Secretary Vance's memorandum, was republished on 18 May 1965 to include the prohibition against segregated meetings and other new policies. The Navy prepared a special Secretary of Navy instruction (5720.38, 30 Jul 1964) on the subject.]

Objections to the prohibition were forthcoming. Continuing on a tack he had pursued for several years, the Air Force Deputy Special Assistant for Manpower, Personnel, and Organization, James P. Goode, objected to the application of the Vance memorandum to base commanders. These men had to maintain good relations with community leaders, he argued, and good relations were best fostered by the commander's joining local community organizations such as the Rotary Club and the Chamber of Commerce, which were often segregated. These civic and social organizations offered an effective forum for publicizing the objectives of the Department of Defense, and to forbid the commander's participation because of segregation would seriously reduce his local influence. Goode wanted the order "clarified" to exclude local community organizations from its coverage on the grounds that including them would be "detrimental to the best interests of all military personnel and their dependents and would result in a corresponding reduction in military effectiveness."[22-36] The Defense Department would have nothing to do with the idea. Such an exception to the rule, the civil rights deputy declared, would not constitute a (p. 566) clarification, but rather a nullification of the order. The Air Force request was rejected.[22-37]

[Footnote 22-36: Memo, James P. Goode for Dep SecDef, 29 Sep 64, sub: Federal Participation at Segregated Meetings, copy in CMH.]

[Footnote 22-37: Draft Memo, DASD (Civ Pers, Indus Rels, and CR) for Dep for Manpower, Personnel, and Organization, USAF, 7 Oct 64, sub: Federal Participation at Segregated Meetings. The memorandum was not actually dispatched, and a note on the original draft discloses that after discussion between the Deputy Assistant Secretary of Defense and the Assistant Secretary of Defense (Manpower) the rejection of the Air Force request was "handled verbally." Copy of the memo in CMH.]

The confusion surrounding the publication of service regulations suggested that without firm and comprehensive direction from the Office of the Secretary of Defense the services would never develop effective or uniform programs. Service officials argued that commanders had always been allowed to execute racial policy without specific instructions. They feared popular reaction to forceful regulations, and, in truth, they were already being subjected to congressional criticism over minor provisions of the Gesell Committee's report. Even the innocuous suggestion that officers be appointed to channel black servicemen's complaints was met with charges of "snooping" and "gestapo" tactics.[22-38]

[Footnote 22-38: Fitt, "Remarks Before Civilian Aides Conference of the Secretary of the Army," 6 Mar 64.]

Although both the Gesell Committee and Secretary McNamara had made clear that careful direction was necessary, the manpower office of the Department of Defense temporized. Instead of issuing detailed guidelines to the services that outlined their responsibilities for enforcing the provision of the secretary's equal opportunity directive, instead of demanding a strict accounting from commanders of their execution of these responsibilities, Paul asked the services for outline plans and then indiscriminately approved these plans even when they passed over real accountability in favor of vaguely stated principles. The result was a lengthy period of bureaucratic confusion. Protected by the lack of specific instructions the services went through an Alfonse-Gaston routine, each politely refraining from commitment to substantial measures while waiting to see how far the others would go.[22-39]

[Footnote 22-39: Interv, author with Evans, 23 Jul 73, CMH files.]

Fighting Discrimination Within the Services

The immediate test for the services' belatedly organized civil rights apparatus was the racial discrimination lingering within the armed forces themselves. The Civil Rights Commission and the Gesell Committee had been concerned with the exceptions to the services' generally satisfactory equal opportunity record. It was these exceptions, such chronic problems as underrepresentation of Negroes in some services, in the higher military grades, and in skilled military occupations, that continued to concern the Defense Department civil rights organization and the services as they tried to carry out McNamara's directive. Seemingly minor compared to the discrimination faced by black servicemen outside the military reservation, racial problems within the military family and how the services dealt with them would have direct bearing on the tranquility of the armed forces in the 1970's.

Two pressing needs, and obviously interrelated ones, were to (p. 567) attract a greater number of young blacks to a military career and improve the status of Negroes already in uniform. These were not easy, short-term tasks. In the first place the Negro, ironically in view of the services' now genuine desire to have him, was no longer so interested in joining. As explained by Defense Department civil rights officials, the past attitudes and practices of the services, especially the treatment of Negroes during World War II, had created among black opinion-makers an indifference toward the services as a vocation.[22-40] Lacking encouragement from parents, teachers, and peers, black youths were increasingly reluctant to consider a military career. For their part the services tried to counter this attitude with an energetic public relations program.[22-41] Encouraged by the department's civil rights experts they tried to establish closer (p. 568) relations with black students. They even reorganized their recruitment programs, and the Secretary of Defense himself initiated a program to attract more black ROTC cadets.[22-42] Service representatives also worked with teachers and school officials to inform students on military career opportunities.

[Footnote 22-40: Paul Memo.]

[Footnote 22-41: For accounts of Navy and Marine Corps attempts to attract more Negroes, see Memos: Smedberg for Under SecNav, 20 May 63, sub: Interim Progress Report on Navy Measures in the Area of Equality of Opportunity in the Armed Forces; Under SecNav for SecNav, 15 Jul 63, sub: First Report of Progress in the Area of Equal Opportunity in the Navy Department; E. Hidalgo, Spec Asst to SecNav, for L. Howard Bennett, Principal Asst for Civil Rights, OASD (CR), 1 Oct 65, sub: Summary of Steps Deemed Necessary to Increase Number of Qualified Negro Officers and Enlisted Personnel on the Navy/Marine Corps Team, SecNav file 5420 (1179). All in GenRecsNav. See also Memos, Marine Aide to SecNav for CofS, USMC, 5 Aug 63, sub: Equal Opportunity in the Armed Services, and ACofS, G-1, USMC, for CofS, USMC, 17 Aug 63, same sub, both in MC files. For OSD awareness of the problem, see Stephen N. Shulman, "The Civil Rights Policies of the Department of Defense," 4 May 65, copy in CMH.]

[Footnote 22-42: Memo, SecDef for Educators, 6 Oct 65, sub: Equal Opportunity at the Service Academies of the United States Army, Navy, and Air Force, SD 291.2.]

Enlistment depended not only on a man's desire to join but also on his ability to qualify. Following the publication of a presidential task force report on the chronic problem of high draft rejection rates, the Army inaugurated in August 1964 a Special Training and Enlistment Program (STEP), an experiment in the "military training, education, and physical rehabilitation of men who cannot meet current mental or medical standards for regular enlistment in the Army."[22-43] Aimed at increasing enlistments by providing special training after induction for those previously rejected as unqualified, the program provided for the enlistment of 8,000 substandard men, which included many Negroes. Before the men could be enlisted, however, Congress killed the program, citing its cost and duplication of the efforts of the Job Corps. It was not until 1967 that the idea of accepting many young men ineligible for the draft because of mental or educational deficiencies was revived when McNamara launched his Project 100,000.[22-44]

[Footnote 22-43: DOD News Release, 13 Aug 64. See the President's Task Force on Manpower Conservation, One-Third of a Nation: A Report on Young Men Found Unqualified for Military Service (Washington: Government Printing Office, 1964). Kennedy established the task force in September 1963. Its members included the Secretaries of Labor, Defense, and Health, Education and Welfare and the Director of Selective Service.]

[Footnote 22-44: McNamara, The Essence of Security, pp. 131-38. See also Bahr, "The Expanding Role of the Department of Defense," ch. V.]

The services were unable to bring off a dramatic change in black enlistment patterns in the 1960's. With the exception of the Marine Corps, in which the proportion of black enlisted men increased 4 percent, the percentage of Negroes in the services remained relatively stationary between 1962 and 1968 (Table 24). In 1968, when Negroes accounted for 11 percent of the American population, their share of the enlisted service population remained at 8.2, with significant differences among the services. Nor did there seem much chance of increasing the number of black servicemen since the percentage of Negroes among draftees and first-time enlistees was rising very (p. 569) slowly while black reenlistment rates, for some twenty years a major factor in holding black strength steady, began to decline (Table 25). Actually, enlistment figures for both whites and blacks declined, a circumstance usually attributed to the unpopularity of the Vietnam War, although in the midst of the war, in 1967, black first-term reenlistment rates continued to exceed white rates 2 to 1.

Table 24--Black Percentages, 1962-1968

| Army | Navy | Marine Corps | Air Force Year| Enlisted| Enlisted| Enlisted| Enlisted |Officers| Men |Officers| Men |Officers| Men |Officers| Men 1962 3.2 12.2 .2 5.2 .2 7.6 1.2 9.2 1964 3.4 13.4 .3 5.8 .4 8.7 1.5 10.0 1965 3.5 13.9 .3 5.8 .4 9.0 1.6 10.7 1967 3.4 12.1 .3 4.7 .7 10.3 1.8 10.4 1968 3.3 12.6 .4 5.0 .9 11.5 1.8 10.2

Source: Records of ASD (M) 291.2.

Table 25--Rates for Reenlistments, 1964-1967

Army Navy Marine Corps Air Force Year | White | Black | White | Black | White | Black | White | Black 1964 18.5 49.3 21.6 41.3 12.9 25.1 27.4 50.3 1965 13.7 49.3 24.2 44.8 18.9 38.9 19.1 39.2 1966 20.0 66.5 17.6 24.7 10.5 19.5 16.0 30.1 1967 12.9 31.7 16.7 22.5 10.7 17.4 17.3 26.9

Source: Records of ASD (M) 291.2; see especially Paul Memo.

The low percentage of black officers, a matter of special concern to the Civil Rights Commission and the Gesell Committee as well as the civil rights organizations, remained relatively unchanged in the 1960's (see Table 24). Nor could any dramatic rise in the number of black officers be expected. Between 1963 and 1968 the three service academies graduated just fifty-one black officers, an impressive statistic only in the light of the record of a total of sixty black graduates in the preceding eighty-six years. Furthermore, there were only 116 black cadets in 1968, a vast proportional increase over former years but also an indication of the small number of black officers that could be expected from that source during the next four years (Table 26). Since cadets were primarily chosen by congressional nomination and from other special categories, little could be done, many officials assumed, to increase substantially the number of black cadets and midshipmen. An imaginative effort by Fitt in early 1964, however, proved this assumption false. Fitt got the academies to agree to take all the qualified Negroes he could find and some senators and congressmen to relinquish some of their appointments to the cause. He then wrote every major school district in the country, seeking black applicants and assuring them that the academies were truly open to all those qualified. Even though halfway through the academic year, Fitt's "micro-personnel operation," as he later called it, yielded appointments for ten Negroes. Unfortunately, (p. 570) his successor did not continue the effort.[22-45]

[Footnote 22-45: Ltr, Fitt to author, 21 Oct 76, CMH files.]

Table 26--Black Attendance at the Military Academies, July 1968

Class Class Class Class Total Total Academy | of 1969 | of 1970 | of 1971 | of 1972 | Negro | Attendance Army 10 7 5 9 31 3,285 Navy 2 8 8 15 33 4,091 Air Force 6 10 13 23 52 3,028 Totals 18 25 26 47 116

Source: Office, Deputy Assistant Secretary of Defense (Civil Rights).

The ROTC program at predominantly black colleges had always been the chief source of black officers, but here, again, there was little hope for immediate improvement. With the exception of a large increase in the number of black Air Force officers graduating from five black colleges, the percentage of officers entering the service from these institutions remained essentially unchanged throughout the 1960's despite the services' new equal opportunity programs (Table 27). Some civil rights leaders had been arguing for years that the establishment of ROTC units at predominantly black schools merely helped perpetuate the nation's segregated college system. Fitt agreed that as integrated education became more commonplace the number of black ROTC graduates would increase in predominantly white colleges, but meanwhile he considered units at black schools essential. Among the approximately 140 black colleges without ROTC affiliation, some could possibly qualify for units, and in February 1965 Fitt's successor, Stephen N. Shulman, called for the formation of more (p. 571) ROTC units as an equal opportunity measure.[22-46] The Army responded by creating a unit at Arkansas A&M Normal College, and the Navy opened a unit at Prairie View A&M in the President's home state of Texas. Balancing the expectations implied by the formation of these new units were the growing antiwar sentiment among college students and the special competition for black college graduates in the private business community, both of which made ROTC commissions less attractive to many black students.

[Footnote 22-46: Fitt left the civil rights office in August 1964 to become the General Counsel of the Army. At his departure the position of Deputy Assistant Secretary of Defense for Civil Rights was consolidated with that of the Deputy for Civilian Personnel and Industrial Relations. The incumbent of the latter position, Stephen Shulman, became Deputy Assistant Secretary of Defense for Civilian Personnel, Industrial Relations, and Civil Rights. Shulman, a graduate of Yale Law School and former Executive Assistant to the Secretary of Labor, had been closely involved in the Defense Department's equal opportunity program in industrial contracts.]

Table 27--Army and Air Force Commissions Granted at Predominantly Black Schools

Army Commissions Class of|Class of|Class of|Class of School 1964 | 1965 | 1966 | 1967 A&T College, N.C. 24 22 10 17 Central State College, Ohio 29 14 26 25 Florida A&M College 29 15 23 15 Hampton University, Va. 29 34 20 19 Lincoln University, Pa. 19 14 16 19 Morgan State College, Md. 21 27 12 16 Prairie View A&M College, Tex. 20 27 31 38 South Carolina State College 16 23 24 24 Southern University, La. 23 37 19 21 Tuskegee Institute, Ala. 14 14 20 26 Virginia State College 21 14 18 21 West Virginia State College 22 19 15 14 Howard University, Washington, D.C. 19 37 30 23 Total 286 297 264 278 Percentage of total such commissions granted 2.4 2.7 2.5 2.6

Air Force Commissions

Class of Class of Class of School 1964 | 1965 | 1966 A&T College, N.C. 12 10 33 Howard University, Washington, D.C. 24 31 23 Maryland State College 2 4 4 Tennessee A&I University 13 26 32 Tuskegee Institute, Ala. 14 33 41 Total 65 104 133

Source: Office, Deputy Assistant Secretary of Defense (Civil Rights).

Chance of promotion for officers and men was one factor in judging equal treatment and opportunity in the services. A statistical comparison of the ranks of enlisted black servicemen between 1964 and 1966 reveals a steady advance (Table 28). With the exception of the Air Force, the percentage of Negroes in the higher enlisted ranks compared favorably with the total black percentage in each service. The advance was less marked for officers, but here too the black share of the O-4 grade (major or lieutenant commander) was comparable with the black percentage of the service's total strength. The services could declare with considerable justification that reform in this area was necessarily a drawn-out affair; promotion to the senior ranks must be won against strong competition.

Table 28--Percentage of Negroes in Certain Military Ranks, 1964-1966

E-6 (Staff Sergeant or Petty Officer, First Class)

1964 1965 1966 Army 13.9 15.5 18.1 Navy 4.7 5.0 5.6 Marine Corps 5.0 5.3 10.4 Air Force 5.3 5.6 6.6

O-4 (Major or Lieutenant Commander)

Army 3.6 4.5 5.2 Navy 0.3 0.3 0.3 Marine Corps 0.3 0.3 0.2 Air Force 0.8 0.9 1.6

Source: Office, Deputy Assistant Secretary of Defense (Civil Rights).

The department's civil rights office forwarded to the services complaints from black servicemen who, despite the highest efficiency ratings and special commendations from commanders, failed to win promotions. "Almost uniformly," the office reported in 1965, "the reply comes back from the service that there had been no bias, no partiality, no prejudice operating in detriment on the complainant's consideration for promotion. They reply the best qualified was promoted, but this was not to say that the complainant did not have a very good record."[22-47] While black officers might well have (p. 572) been subtly discriminated against in matters of promotion, they also, it should be pointed out, shared in the general inflation in efficiency ratings, common in all the services, that resulted in average officers being given "highest efficiency ratings."

[Footnote 22-47: Paul Memo.]

In addition to complaining of direct denial of promotion opportunity, so-called "vertical mobility," some black officers alleged that their chances of promotion had been systematically reduced by the services when they failed to provide Negroes with "horizontal mobility," that is, with a wide variety of assignments and all-important command experience which would justify their future advancement. Supporting these claims, the civil rights office reported that only 5 Negroes were enrolled at the senior service schools in 1965, 4 black naval officers with command experience were on active duty, and 26 black Air Force officers had been given tactical command experience since 1950. The severely limited assignment of black Army officers at the major command headquarters, moreover, illustrated the "narrow gauge" assignment of Negroes.[22-48] This picture seemed somewhat at variance with Deputy Assistant Secretary Shulman's assurances to the Kansas Conference on Civil Rights in May 1965 that "we have paid particular attention to the assignment of Negro officers to the senior Service schools, and to those positions of command that are so vital to officer advancement to the highest rank."[22-49]

[Footnote 22-48: Ibid.]

[Footnote 22-49: Shulman, "The Civil Rights Policies of the Department of Defense," 4 May 65.]

Since promotion in the military ranks depended to a great extent on a man's skills, training in and assignment to vital job categories were important to enlisted men. Here, too, the statistics revealed that the percentage of Negroes in the technical occupations, which had begun to rise in the years after Korea, had continued to increase but that a large proportion still held unskilled or semiskilled military occupational specialties (Table 29). Eligibility for the various military occupations depended to a great extent on the servicemen's mental aptitude, with men scoring in the higher categories usually winning assignment to technical occupations. When the Army began drafting large numbers of men in the mid-1960's, the number of men in category IV, which included many Negroes, began to go up. Given the fact that many Negroes with the qualifications for technical training were ignoring the services for other vocations while the less qualified were once again swelling the ranks, the Department of Defense could do little to insure a fair representation of Negroes in technical occupations or increase the number of black soldiers in higher grades. The problem tended to feed upon itself. Not only were the statistics the bane of civil rights organizations, but they also influenced talented young blacks to decide against a service career, in effect creating a variation of Gresham's law in the Army wherein men of low mentality were keeping out men of high intelligence. There seemed little to be done, although the department's civil rights office pressed the services to establish remedial training for category IV men so that they might become eligible for more technical assignments.

Table 29--Distribution of Servicemen in Occupational Groups by Race, 1967

| White | Black |Unknown|Total | | | | | Percent| | | | | | |of Total| | | |Percent| |Percent| in Each| | Group/Activity | Number| Dist. | Number| Dist. | Group/ | Number|Number | | | | |Activity| | Combat troops 324,560 12.1 55,518 18.7 14.5 2,646 382,724 Electronics repairmen 239,595 9.0 13,843 4.7 5.5 204 253,642 Communications specialists 191,372 7.2 12,856 4.4 6.3 392 204,620 Medical personnel 101,793 3.8 11,074 3.8 9.8 76 112,943 Other technicians 52,132 1.9 3,812 1.3 6.8 86 56,030 Administrative personnel 430,186 16.1 55,543 18.8 11.4 986 486,715 Mechanical repairmen 498,899 18.6 39,820 13.5 7.4 794 539,513 Draftsmen 144,070 5.4 15,728 5.3 9.8 248 160,046 Service & supply personnel 283,976 10.6 53,136 18.0 15.7 998 338,110 Miscellaneous/ unknown 245,055 9.1 14,964 5.1 13.5 1,337 261,356 Trainees[a] 166,478 6.2 18,753 6.4 10.1 1,194 186,425 Total 2,678,116 100.0 295,047 100.0 9.9 8,961 2,982,124

[Tablenote a: Represents an Army category only.]

Source: Bahr, "The Expanding Role of the Department of Defense As an Instrument of Social Change." Bahr's table is based on unpublished data from the DASD (CR).

If a man's assignment and promotion depended ultimately on his (p. 573) aptitude category, that category depended upon his performance in the Armed Forces Qualifying Test and other screening tests usually administered at induction. These tests have since been widely criticized as being culturally biased, more a test of an individual's understanding of the majority race's cultural norms than his mental aptitude. Even the fact that the tests were written also left them open to charges of bias. Some educational psychologists have claimed that an individual's performance in written tests measured his cultural and educational background, not his mental aptitude. It is true that the accuracy of test measurements was never reassessed in light of the subsequent performance of those tested. The services paid little attention to these serious questions in the 1960's, yet as a Defense Department task force studying the administration of military justice was to observe later:

the most important determination about a serviceman's future career (both in and out of the service) is made almost solely on the basis of the results of these tests: where he will be placed, how and whether he will be promoted during his hitch, and whether what he will learn in the service will be saleable for his post-service career.[22-50]

[Footnote 22-50: Department of Defense, "Report of the Task Force on the Administration of Military Justice in the Armed Forces," 30 Nov 72, vol. I, p. 47.]

The Department of Defense depended on the "limited predictive capability of these tests," the task force charged, in deciding whether a serviceman was assigned to a "soft core" field, that is, given a job in such categories as transportation or supply, or whether he could enter one of the more profitable and prestigious "hard core" fields that would bring more rapid advancement.

Accurate and comprehensive testing and the measurement of acquired (p. 574) skills was obviously an important and complex matter, but in 1963 it was ignored by both the Civil Rights Commission and the Gesell Committee. President Kennedy, however, seemed aware of the problem. Before leaving for Europe in the summer of 1963 he called on the Secretary of Defense to consider establishing training programs keyed primarily to the special problems of black servicemen found ineligible for technical training. According to Lee White, the President wanted to use new training techniques "and other methods of stimulating interest and industry" that might help thousands of men bridge "the gap that presently exists between their own educational and cultural backgrounds and those of the average white serviceman."[22-51]

[Footnote 22-51: Memo, Asst Spec Counsel to President for SecDef, 27 Jun 63, copy in CMH.]

Because of the complexity of the problem, White agreed with Fitt that the program should be postponed pending further study, but the President's request happened to coincide with a special survey of the deficiencies and changes in recruit training then being made by Under Secretary of the Army Stephen Ailes.[22-52] Ailes offered to develop a special off-duty training program in line with the President's request. The program, to begin on a trial basis in October 1963, would also include evaluation counseling to determine if and when trainees should be assigned to technical schools.[22-53] Such a program represented a departure for the services, which since World War II had consistently rejected the idea frequently advanced by sociologists that the culturally, environmentally, and educationally deprived were denied equal opportunity when they were required to compete with the middle-class average.[22-54] Although no specific, measurable results were recorded from this educational experiment, the project was eventually blended into the Army's Special Training and Enlistment Program and finally into McNamara's Project 100,000.[22-55]

[Footnote 22-52: ACSFOR, "Annual Historical Summary, Fiscal Years 1963-64," copy in CMH; Memo, DASD (CR) for Paul, 25 Sep 63, sub: Training Program Keyed Primarily to the Special Problems of Negro Servicemen, ASD (M) files.]

[Footnote 22-53: Memo, Under SA for ASD (M), 14 Sep 63, sub: Training Program Keyed Primarily to the Special Problems of Negro Servicemen; Memo, ASD (M) for Asst Spec Counsel to President, 25 Sep 63; both in ASD (M) files.]

[Footnote 22-54: For a discussion of this argument, see [BuPers] Memo for Rcd, Capt K. J. B. Sanger, USN, 9 Oct 63, Pers 1, BuPersRecs.]

[Footnote 22-55: Interv, author with Davenport, ASA, Manpower (Ret.), 2 Aug 73, CMH files.]

Beyond considering the competence of black servicemen, the Department of Defense had to face the possibility that discrimination was operating at least in some cases of assignment and promotion. Abolishing the use of racial designations on personnel records was one obvious way of limiting such discrimination, and throughout the mid-1960's the department sought to balance the conflicting demands for and against race labeling. Along with the integration of military units in the 1950's, the services had narrowed their multiple and cumbersome definition of races to a list of five groups. Even this list, a compromise drawn up by the Defense Department's Personnel Policy Board, was criticized. Reflecting the opinion of the civil rights forces, Evans declared that the definition of five races and twelve subcategories was scientifically inaccurate, statistically (p. 575) complicated, and racially offensive. He wanted a simple "white, nonwhite" listing of servicemen.[22-56] The subject continued to be discussed throughout the 1960's, the case finally going to the Director of the Bureau of the Budget, the ultimate authority on government forms. In August 1969 the director announced a uniform method for defining the races in federal statistics. The collectives "Negro and Other Races," "All Other Rates," or "All Other" would be acceptable to designate minorities; the terms "White," "Negro," and "Other Races" would be acceptable in distinguishing between the majority, principal minority, and other races.[22-57]

[Footnote 22-56: See, for example, the following Memos: Evans for Judge Jackson, 1 Apr 63, and Mr. Jordan, 3 Sep 64, sub: Racial Designations; Douglas Dahlin for E. E. Moyers, 3 Sep 58, sub: Case History of an OSD Action; James Evans for Philip M. Timpane, 10 Aug 65, sub: Race and Color-Coding. See also Memo for Rcd, Evans, 15 Aug 62, sub: Racial Designations. All in DASD (CR) files.]

[Footnote 22-57: Bureau of the Budget, Circular No. A-46, Transmittal Memorandum No. 8, 8 Aug 69.]

It was the use to which these definitions were put more than their number that had concerned civil rights leaders since the 1950's. Under pressure from civil rights organizations, some congressmen, and the Office of the Secretary of Defense, the services began to abandon some of the least justifiable uses of racial designations, principally those used on certain inductees' travel orders, reassignment orders, and reserve rosters.[22-58] But change was not widespread, and as late as 1963 the services still distinguished by race in their basic personnel records, casualty reports, statistical and command strength reports, personnel control files, and over twenty-five other departmental forms.[22-59] They continued to defend the use of racial designations on the grounds that measurement of equal opportunity programs and detection of discrimination patterns depended on accurate racial data.[22-60] Few could argue with these motives, although critics continued to question the need for race designations on records that were used in assignment and promotion processes. When public opposition developed to the use of racial entries on federal forms in general, the President's Committee on Equal Opportunity appointed a subcommittee in 1963 under Civil Service Chairman John W. Macy, Jr., to investigate. After much deliberation this group conducted a statistical experiment within the Department of Agriculture to discover whether employees could be identified by racial groups in a confidential manner separate from other personnel data.[22-61]

[Footnote 22-58: See Ltr, Clarence Mitchell, NAACP, to ASD (M), 8 Jul 53; Ltr, Congressman Henry S. Reuss of Wisconsin to SecDef, 27 Sep 56; Memo, Yarmolinsky for Fitt, 29 Nov 61; Memo, Dep Under SA for ASD (M), 1 Dec 61, sub: Racial Designation in Special Orders; Ltr, Chmn, Cmte on Gov Operations, House of Representatives, to SA, 9 Jul 62; Memo, ASD (M) for SA, 29 Mar 51, sub: Racial Designations on Travel Orders; Memo, Chief, Mil Personnel Management Div, G-1, for Dir, Personnel Policies, 5 Aug 52, sub: Racial Designations, G-1 291.2; Memo, SecNav for ASD (M), 7 May 54, sub: Deletion of Question Regarding "Race" ... Copies of all in CMH.]

[Footnote 22-59: See Memo, TAG for Distribution, 21 Sep 62, sub: Racial Identification in Army Documents, AGAM (M) 291.2; Memo for Rcd, Evans, 20 Dec 62, sub: Racial Designations--Navy, ASD (M) 291.2; Memo, DASD (CR) for DASD (H&M) et al., 19 Feb 64, sub: Racial Designations on Department of Defense Forms, copy in CMH.]

[Footnote 22-60: See, for example, Ltr, Dir of Personnel Policy (OSD) to J. Francis Pohlhous, Counsel, NAACP, 6 Jul 55, ASD (M) 291.2.]

[Footnote 22-61: Ltr, Director, Civil Service Commission, to Rear Adm Robert L. Moore, Chief of Industrial Relations, USN, 9 Jul 63, copy in CMH.]

The civil rights staff of the Defense Department was also (p. 576) interested in further limiting the use of race in departmental forms. In April 1963 Assistant Secretary Paul ordered a review of military personnel records and reporting forms to determine where racial entries were included unnecessarily.[22-62] His review uncovered twenty-five forms used in common by the services and the Office of the Secretary of Defense that contained racial designations. On 3 March 1964 Paul discreetly ordered the removal of race designations on all but nine of these forms, those concerning biostatistical, criminal, and casualty figures.[22-63] His order did not, however, extend to another group of forms used by individual services for their own purposes, and later in the year Fitt drafted an order that would have eliminated all racial designations in the services except an entry for data processing systems and one for biostatistical information. The directive also would have allowed racial designations on forms that did not identify individuals, arranged for the disposition of remains and casualty reporting, described fugitives and other "wanted" types, and permitted other exceptions granted at the level of the Assistant Secretary of Defense or that of the service secretary. Finally it would have set up a system for purging existing records and removing photographs from promotion board selection folders.[22-64] The services strongly objected to a purge of existing records on the grounds of costliness, and they were particularly opposed to the removal of photographs. Photographs were traditional and remained desirable, Deputy Under Secretary of the Army Roy K. Davenport explained, because they were useful in portraying individual physical characteristics unrelated to race.[22-65] Davenport added, however, that photographs could be eliminated from promotion board materials.

[Footnote 22-62: Memo, Spec Asst to ASD (M) for Under SA, 15 Apr 63, sub: Racial Identification on Military Records (similar memorandums were sent to the Secretaries of Navy and Air Force on the same day); Memo, ASD (M) for OASD (Comptroller) (ca. 1 Jun 63); both in ASD (M) 291.2. For service reviews, answers, and exchanges on the subject, see ASD (M) 68A-1006. See also Memo, SSJ [Stephen S. Jackson, Spec Asst to ASD (M)] for Valdes, OASD (M), and James C. Evans, 11 Jun 63, ASD (M) 291.2.]

[Footnote 22-63: Memo, DASD (CR) for DASD (Management), 3 Mar 64, sub: Elimination of Racial Designations on DD Forms (the Army adopted this DOD policy in the form of Change 1 to AR 66-21 in October 1965). See also Memo, DASD (CR) for DASD (H&M) et al., 19 Feb 64, sub: Racial Designations on Department of Defense Forms; idem for Lee C. White, 9 Jul 64. All in ASD (M) files. See also Washington Evening Star, June 22, 1964, p. A2.]

[Footnote 22-64: Memo, Philip M. Timpane for DASD (CR), 10 Aug 64, sub: Race on Records, ASD (M) 291.2.]

[Footnote 22-65: Memo, Dep Under SA for DASD (CR), 3 Jun 64, sub: Proposed DOD Instruction Re: Use of Racial Designations in Forms and Records and Annual Racial Distribution Report, copy in CMH.]

These proposals marked a high point in the effort to simplify and (p. 577) reduce the use of racial designations by the Department of Defense. Although several versions of Fitt's 1964 draft order were discussed in later years, none was ever published.[22-66] Nor did the Bureau of the Budget, to which the matter was referred for the development of a government-wide policy, publish any instructions. In fact, by the mid-1960's an obvious trend had begun in the Department of Defense toward broader use of racial indicators but narrower definition of race.

[Footnote 22-66: L. Howard Bennett, Untitled Minutes of Equal Opportunity Council Meetings on the Subject of Racial Indicators, 30 Sep 66; Memo, Bennett for Thomas Morris and Jack Moskowitz, 8 Dec 66, sub: Actions to Aid in Assuring Equality of Opportunity During Ratings, Assignment, Selection, and Promotion Processes, copies of both in CMH. Judge Bennett was the executive secretary of the Equal Opportunity Council within the Office of the Secretary of Defense, an interdepartmental working group dealing with racial indicators in September 1966 and consisting of two members from each manpower office of the services and P. M. Timpane of the DASD (Equal Opportunity) office.]

Several changes in American society were responsible for the changes. The need for more exact racial documentation overcame the argument for removing racial designations, for the civil rights experts both within and outside the department demanded more detailed racial statistics to protect and enlarge the equal opportunity gains of the sixties. The demand was also supported by representatives of the smaller racial minorities who, joining in the civil rights revolution, developed a self-awareness that made detailed racial and ethnic statistics mandatory. The shift was made possible to a great extent by the change in public opinion toward racial minorities. As one civil rights official later noted, the change in attitude had caused black servicemen to reconsider their belief that detrimental treatment necessarily followed racial identification.[22-67] Ironically, just a decade after the McNamara directive on equal opportunity, a departmental civil rights official, himself a Negro, was defending the use of photographs in the selection process on the grounds that such procedures were necessary in any large organization where individuals were relatively unknown to their superiors.[22-68] So strong had the services' need for black officers become, it could be argued, that a promotion board's knowledge of a candidate's race redounded to the advantage of the black applicants. For whatever reason, the pressure to eliminate racial indicators from personnel forms had largely disappeared at the end of the 1960's.

[Footnote 22-67: Memo, Bennett for ASD (M) and DASD (Civ Pers, Indus Rels, and CR), 8 Dec 66, copy in CMH.]

[Footnote 22-68: Interv, author with Johnson, 9 Aug 73.]

The Gesell Committee's investigations also forced the Department of Defense to consider the possibility of discrimination in the rarefied area of embassy and special mission assignments and the certainty of discrimination against black servicemen in local communities near some overseas bases. Concerning the former, the staff of the civil rights deputy concluded that such assignments were voluntary and based on special selection procedures. Race was not a factor except for three countries where assignments were "based on politically ethnic considerations."[22-69] Nevertheless, Fitt began to discuss with the services ways to attract more qualified black volunteers for (p. 578) assignments to attache, mission, and military assistance groups.

[Footnote 22-69: Memo, Exec to DASD (CR) for DASD (CR), 20 Mar 64; see also OASD (CR), Summary of Military Personnel Assignments in Overseas Areas; both in ODASD (CR) files. Negroes were not the only Americans excluded from certain countries for "politically ethnic considerations." Jewish servicemen were barred from certain Middle East countries.]

The department was less responsive to the Gesell Committee's recommendations on racial restrictions encountered off base overseas. The services, traditionally, had shunned consideration of this matter, citing their role as guests. When the Department of Defense outlined the commander's responsibility regarding off-base discrimination overseas, it expressly authorized commanders to impose sanctions in foreign communities, yet just five weeks later the services clarified the order for the press, explaining that sanctions would be limited to the United States.[22-70] A spokesman for the U.S. Army in Germany admitted that discrimination continued in restaurants and bars, adding that such discrimination was illegal in Germany and was limited to the lowest class establishments.[22-71] Supporting these conclusions was a spate of newspaper reports of segregated establishments in certain areas of Okinawa and the neighborhood around an Army barracks near Frankfurt, Germany.[22-72]

[Footnote 22-70: DOD directive cited in Gesell Committee's "Final Report," p. 7; see also New York Times, September 12, 1963.]

[Footnote 22-71: New York Times and Washington Post, December 29, 1964.]

[Footnote 22-72: See, for example, New York _Herald Tribune_, January 3, 1965; New York Times, March 29, 1964.]

Despite these continuing press reports, the services declared in mid-1965 that the "overwhelming majority" of overseas installations were free of segregation problems in housing or public accommodations. One important exception to this overwhelming majority was reported by General Paul Freeman, the commander of U.S. Army Forces in Europe. He not only admitted that the problem existed in his command but also concluded that it had been imported from the United States. The general had met with Gerhard Gesell and subsequently launched a special troop indoctrination program in Europe on discrimination in public accommodations. He also introduced a voluntary compliance program to procure open housing.[22-73]

[Footnote 22-73: Memo for Rcd, Timpane, 25 Nov 64, ODASD (CR) files.]

The Gesell Committee had repeatedly asserted that discrimination existed only in areas near American bases, and its most serious manifestations were "largely inspired by the attitude of a minority of white servicemen" who exerted social pressure on local businessmen. It was, therefore, a problem for American forces, and not primarily one for its allies. The civil rights office, however, preferred to consider the continuing discrimination as an anti-American phenomenon rather than a racial problem.[22-74] Fitt and his successor seemed convinced that such discrimination was isolated and its solution complex because of the difficulty in drawing a line between the attitudes of host nations and American GI's. Consequently, the problem continued throughout the next decade, always low key, never widespread, a problem of black morale inadequately treated by the department.

[Footnote 22-74: Paul Memo.]

The failure to solve the problem of racial discrimination overseas and, indeed, the inability to liquidate all remaining vestiges of discrimination within the military establishment, constituted the major shortfall of McNamara's equal opportunity policy. With no (p. 579) attempt to shift responsibility to his subordinates,[22-75] McNamara later reflected with some heat on the failure of his directive to improve treatment and opportunities for black servicemen substantially and expeditiously: "I was naive enough in those days to think that all I had to do was show my people that a problem existed, tell them to work on it, and that they would then attack the problem. It turned out of course that not a goddamn thing happened."[22-76]

[Footnote 22-75: For an example of McNamara's extremely self-critical judgments on the subject of equal opportunity, see Brock Brower, "McNamara Seen Now, Full Length," Life 64 (May 10, 1968): 78.]

[Footnote 22-76: Interv, author with McNamara, 11 May 72.]

Although critical of his department's performance, McNamara would probably admit that more than simple recalcitrance was involved. For example, the services' traditional opposition to outside interference with the development of their personnel policies led naturally to their opposition to any defense programs setting exact command responsibilities or dictating strict monitoring of their racial progress. Defense officials, respecting service attitudes, failed to demand an exact accounting. Again, the services' natural reluctance to court congressional criticism, a reluctance shared by McNamara and his defense colleagues, led them all to avoid unpopular programs such as creating ombudsmen at bases to channel black servicemen's complaints. As one manpower official pointed out, all commanders professed their intolerance of discrimination in their commands, yet the prospect of any effective communication between these commanders and their subordinates suffering such discrimination remained unlikely.[22-77] Again defense officials, restrained by the White House from antagonizing Congress, failed to insist upon change.

[Footnote 22-77: Memo, William C. Baldes, ODASD (CR), for DASD (CR), 8 Jul 63, ASD (M) 291.2.]

Finally, while it was true that the services had not responded any better to McNamara's directive than to any of several earlier and less noteworthy calls for racial equality within the military community, it was not true that the reason for the lack of progress lay exclusively with the service. Against the background of the integration achievements of the previous decade, a feeling existed among defense officials that such on-base discrimination as remained was largely a matter of detail. Even Fitt shared the prevailing view. "In three years of close attention to such matters, I have observed [no] ... great gains in on-base equality," because, he explained to his superior, "the basic gains were made in the 1948-1953 period."[22-78] It must be remembered that discrimination operating within the armed forces was less tractable and more difficult to solve than the patterns of segregation that had confronted the services of old or the off-base problems confronting them in the early 1960's. The services had reached what must have seemed to many a point of diminishing returns in the battle against on-base discrimination, a point at which each successive increment of effort yielded a smaller result than its predecessor.

[Footnote 22-78: Memo, DASD (CR) for ASD (M), 2 Jul 64, copy in CMH. Emphasis not in original.]

No one--not the Civil Rights Commission, the Gesell Committee, the civil rights organizations, and, judging from the volume of complaints, not even black servicemen themselves--seriously tried to disabuse these officials of their satisfaction with the pace of reform. (p. 580) Certainly no one equated the importance of on-base discrimination with the blatant off-base discrimination that had captured everyone's attention. In fact, problems as potentially explosive as the discrimination in the administration of military justice were all but ignored during the 1960's.[22-79]

[Footnote 22-79: The administration of military justice was not considered by the Civil Rights Commission nor by the Gesell Committee, although it was mentioned once by the NAACP as a cause of numerous complaints and once by the Deputy Assistant Secretary for Civil Rights in regard to black representation on courts-martial. See NAACP, "Proposals for Executive Action to End Federal Supported Segregation and Other Forms of Racial Discrimination," submitted to the White House on 29 Aug 61, White House Central Files, J. F. Kennedy Library; Memo, Philip M. Timpane, ODASD (Civ Pers, Indus Rels, and CR) for DASD (Civ Pers, Indus Rels and CR), 23 Feb 65, sub: Representation by Race on Courts-Martial. ODASD (Civ Pers, Indus Rels, and CR) files.]

The sense of satisfaction that pervaded Fitt's comment, however understandable, was lamentable because it helped insure that certain inequities in the military community would linger. The failure of Negroes to win skilled job assignments and promotions, for example, would remain to fester and contribute significantly to the bitterness visited upon a surprised Department of Defense in later years. In brief, because the services had become a model of racial equality when judged by contemporary standards, the impulse of almost all concerned was to play down the reforms still needed on base and turn instead to the pressing and spectacular challenges that lay in wait outside the gates.

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