[Footnote 20-34: Memo, ASD (M) for SecDef, 14 Mac 61, sub: Ceremonial Units and Honor Guard Details, ASD (M) 291.2.]

[Ill.u.s.tration: PRESIDENT KENNEDY AND PRESIDENT ALLESSANDRI OF CHILE _review an all-white honor guard unit, White House, 1962_.]

These were minor incidents, yet Kennedy"s interest was bound to make a difference. As Evans wryly put it in regard to the survey of blacks in the honor guard: "Pending any further instructions it is submitted that the alert which has been given in person and by telephone in connection with the securing of the above data may be adequate for accomplishing the objectives contemplated in the [McNamara] (p. 510) memorandum."[20-35] If not conducive to substantive change in the lot of the black serviceman, the President"s intervention signaled in a way clearly understood by Washington bureaucrats that a new style in executive politics was at hand and a new awareness of the racial implications of their actions was expected of them.[20-36]

[Footnote 20-35: Informal Memo, Evans for Judge Jackson, 14 Mar 61, sub: Ceremonial Units and Honor Guard Details. Remark repeated by ASD (M) in his Memo for SecDef, 14 Mar 61, same sub. Both in ASD (M) files.]

[Footnote 20-36: The Coast Guard incident in particular seems to have impressed Washington. It was cited by Mitch.e.l.l, Wilkins, and Hesburgh during their oral history interviews at the J. F. Kennedy Library, and it continued to be discussed for some time after the inauguration in official channels.

See, for example, Memos, Frederick Dutton for Secy of Treas, 21 Mar 61, sub: Coast Guard Academy, and Theodore Eliot (Spec a.s.st to Secy of Treas) for Richard N. Goodwin (a.s.st Spec Counsel to President), 25 Jun 61, sub: Negro in the Coast Guard, with attached note, d.i.c.k [Goodwin] to President; Ltr, a.s.st Secy of Treas to Tim Reardon, 31 Jan 62. All in White House Gen files, J. F.

Kennedy Library. The Coast Guard, it should be recalled, was not part of the Department of Defense in 1961.]

_The Department of Defense, 1961-1963_

The White House approach to civil rights matters was faithfully adopted in McNamara"s department. Despite a reputation for foot-dragging in some quarters--Deputy Secretary Roswell L. Gilpatric admitted that neither he nor McNamara was especially interested in personnel matters and that some of their early appointments in the personnel field were inappropriate--[20-37]the secretary and his a.s.sistants issued a spate of directives and policy memorandums and inaugurated a whole series of surveys and investigations. Yarmolinsky was later able to recall eleven major papers produced by the secretary"s office during the first thirty months of McNamara"s inc.u.mbency. Evans"s more comprehensive list of actions taken by the office of the secretary"s manpower a.s.sistant with regard to equal opportunity contained some forty items.[20-38] These totals did not include 1,717 racial complaints the Defense Department investigated and adjudicated before September 1963 nor the scores of contract compliance reviews conducted under the equal opportunity clauses in defense contracts.[20-39]

[Footnote 20-37: Interv, Dennis...o...b..ien with Roswell L. Gilpatric, 5 May 70, in J. F. Kennedy Library; see also Interv, Bernhard with Wofford.]

[Footnote 20-38: Memo, Spec a.s.st to SecDef for Paul Southwick, White House, 22 Oct 63; James C. Evans, "Equality of Opportunity in the Armed Forces, A Summary Report on Actions and Contributions of the ASD (M), January 1961-July 1962"; copies of both in CMH.]

[Footnote 20-39: Although it did not directly affect black servicemen, the contract compliance program deserves mention as a field in which the Department of Defense pioneered for the federal government.

During the Kennedy administration the department hired hundreds of contract compliance officers to scrutinize its vast purchasing program, insuring compliance with Executive Order 10925. See Ltr, Adam Yarmolinsky to author, 22 Nov 74, CMH files.]

The number of Department of Defense rulings that pertained directly to black servicemen was matched by the comprehensiveness of their subject matter. Many concerned the recruitment of Negroes and the increase in their proportion of the military establishment. Others pertained to off-base matters, ranging from prohibitions against the use of segregated facilities during field exercises to the use of military units in ceremonies and shows involving segregated audiences.

Continued segregation in the reserves, the racial policies of the United Services Organization, and even the racial rule of (p. 511) morticians who dealt with the services came in for attention.

Yet if these investigations and directives bespoke a quickened tempo in the fight for equal treatment and opportunity in the armed forces, they did not herald a substantive reinterpretation of policy. The Defense Department continued to limit its actions to matters obviously and directly within its purview. The same self-imposed restriction that kept McNamara"s immediate predecessors from dealing with the most pressing demands for reforms by black servicemen and the civil rights leaders continued to be observed. This fact was especially clear in the case of the Defense Department"s four major policy p.r.o.nouncements involving the complex problem of discrimination visited upon servicemen and their dependents outside the gates of the military reservation.

_Discrimination Off the Military Reservation_

In the first of these directives, which was derived from President Kennedy"s executive order on equal employment opportunity,[20-40]

Secretary McNamara laid down that no departmental facility could be used by employee recreational organizations that practiced racial or religious discrimination. Included were facilities financed from nonappropriated funds as well as all organizations to which civilian as well as military personnel belonged.[20-41] A straightforward enough commitment to a necessary racial reform, the secretary"s order could by logical extension also be viewed as carrying the department"s fight against racial discrimination into the civilian community. Yet precisely because of these implications, the directive was subjected to later clarification. Official interpretation revealed that secretarial rhetoric aside, the Department of Defense was not yet ready to involve civilians in its equality crusade.

[Footnote 20-40: The Office of the Secretary of Defense also issued several other statements implementing sections of Executive Order 10925; see DOD Dir 1125.4, 2 Jan 62, and OSD Admin Instr No.

31, 13 July 62, both in SD files.]

[Footnote 20-41: Memo, SecDef for Secys of Military Departments et al., 28 Apr 61, sub: Military and Civilian Employee Recreational Organizations, copy in ASD (M) 291.2.]

The problem emerged when the commander of Maxwell Air Force Base, in keeping with his reading of the McNamara order, prohibited the use of Maxwell"s dining halls for a segregated luncheon of the American Legion"s Boys" State and its playing fields for the segregated Maxwell Little League teams. a.s.sistant Secretary Runge quickly rea.s.sured Senator Lister Hill of Alabama that the 28 April order was limited to employee organizations and so informed the Under Secretary of the Air Force.[20-42] But a further clarification and, in effect, a further restriction of the department"s policy in discrimination cases was issued when the Civil Rights Commission became interested in the case.

"If these activities are not covered by the April 28 directive," the commission"s staff director-designate wanted to know, "what is the position of the Department of Defense on them?"[20-43] Runge"s (p. 512) response, cleared through Special a.s.sistant Yarmolinsky, was hardly rea.s.suring to the commission. The department did not inquire into the racial rules of private organizations that used departmental facilities, Runge explained, nor did it object when its departmentally sponsored teams and groups played or performed with segregated private recreational groups.[20-44]

[Footnote 20-42: Ltr, Runge to Hill, 14 Jun 61; Memo, Runge for Under SecAF, 28 Jan 61, sub: Military and Civilian Employee Recreational Organizations both in ASD (M) 291.2.]

[Footnote 20-43: Ltr, Bernhard to Runge, 6 Jul 61, ASD (M) 291.2.]

[Footnote 20-44: Ltr, Runge to Bernhard, 17 Jul 61, with attached Handwritten Note, signed SSJ [Stephen Jackson], 13 Jul 61, ASD (M) 291.2.]

With the effect of a stone dropped into water, the implications of the anti-discrimination memorandum continued to ripple outward. The commander of Brookley Air Force Base, Alabama, canceled the sale of subsidized tickets to the Mobile Bears baseball games by the base"s civilian welfare council on the grounds that the ball park"s segregated seating of Air Force personnel violated the secretary"s order. Inquiries from Capitol Hill set off another round of clarifications.[20-45] While the secretary"s manpower advisers were inclined to support the base commander"s action, some of the department"s legal advisers had reservations. Canceling the sale of tickets, a lawyer in the general counsel"s office noted, was consistent with one construction of the secretary"s memorandum but was not the "inevitable interpretation" since it was the ball club and not the Air Force recreational organization that discriminated.[20-46]

Another departmental lawyer warned that if the commander"s interpretation was sustained the department would next have to prohibit welfare groups from selling unsubsidized tickets to events where the seating or even perhaps the performers themselves were segregated.[20-47]

[Footnote 20-45: Ltr, Hill to Runge, 26 Jul 61; Memo, ASD (M) for SecAF, 25 Sep 61, sub: Purchase and Sale of Baseball Tickets at Brookley AFB; both in ASD (M) 353.8.]

[Footnote 20-46: Memo, R.C. Gilliat for Bartimo, 31 Jul 61, attached to Draft Ltr, Runge to Hill, ASD (M) 353.8.]

[Footnote 20-47: Memo, RTA [Robert T. Andrews] for FAB [Frank A. Bartimo], 1 Aug 61, ASD (M) 353.8.]

Yarmolinsky ignored such speculations, and on 4 August 1961 informed special presidential a.s.sistant Dutton that the secretary"s office approved the base commander"s action. Although the sale of tickets did not technically violate Executive Order 10925, the department"s sponsorship and subsidy of segregated events, he said, "is, in our opinion, not consonant with the clear intent of the President"s memorandum."[20-48] Yarmolinsky suggested the White House might want to consider proposing to the ball club that the air base would resume the sale of tickets if it could sell a block of unsegregated seats.

The White House reply was postponed until after the pa.s.sage of the foreign aid bill, but the Air Force eventually received notice to proceed along these lines.[20-49]

[Footnote 20-48: Memo, Yarmolinsky for Dutton, 4 Aug 61, sub: President"s Memorandum of 18 April 1961, ASD (M) 291.2 (22 May 61).]

[Footnote 20-49: Note, signed, "MB," 16 Aug 61, sub: Call From Virginia McGuire, attached to Draft Ltr, ASD (M) to Sen. Hill; Memo, ASD (M) for SecAF, 25 Sep 61, sub: Purchase and Sale of Baseball Tickets at Brookley AFB; both in ASD (M) 291.2 (22 May 61).]

On 19 June 1961 Deputy Secretary Gilpatric issued a second major policy statement. This one ostensibly dealt with the availability of integrated community facilities for servicemen, but was in fact far wider in scope, and brought the department nearer the uncharted (p. 513) shoals of community race relations. A testament to the extraordinary political sensitivity of the subject was the long time the doc.u.ment spent in the drafting stage. Its wording incorporated the suggestions of representatives of the three service secretaries and was carefully reviewed by the President"s civil rights advisers, who wanted the draft shown to the President "because of his particular interest in Civil Rights matters."[20-50] With their request in mind, and because of what he considered "the tense situation now existent in the South,"

Runge urged the secretary to send the President the memorandum. Before doing so McNamara asked his general counsel, Cyrus R. Vance, to discuss the draft with the under secretaries of the services and a.s.sistant Attorney General Nicholas B. Katzenbach and Burke Marshall.

At the suggestion of the justice officials, the draft was slightly revised; then it was sent once again to the services for review.

Finally on 19 June 1961, and only after Yarmolinsky had rejected certain minor alterations suggested by the services, was the memorandum issued under Gilpatric"s signature and its provisions pa.s.sed down to the local commanders by the service secretaries.[20-51]

[Footnote 20-50: Memo, ASD (M) for SecDef, 22 May 61, sub: Availability of Facilities to Military Personnel, ASD (M) 291.2.]

[Footnote 20-51: Memo, Dep SecDef for Service Secys, 19 Jun 61, sub: Availability of Facilities to Military Personnel, SD 291.2. For various comments on the draft memo, see the following Memos: Vance and Runge for SecDef, 5 Jun 61; ASD (M) for Dep SecDef, 16 Jun 51, sub: Availability of Facilities to Military Personnel; Dep SecDef for Service Secys, 5 Jun 61, same sub; SecAF for Dep SecDef, 13 Jun 61, same sub. All in ASD (M) 291.2 (22 May 61).]

The policy that emerged from all this careful labor committed the services to very little change. In the first place the t.i.tle, The Availability of Facilities to Military Personnel, was vague, a legacy of the department"s fear of congressional retaliation for any substantive move in the politically sensitive area of race relations.

Actually the secretary"s office was primarily concerned with discrimination in places of public accommodation such as swimming pools, recreational facilities, meeting halls, and the like while the explosive subject of off-base housing was ignored. Although the order"s ambiguity did not preclude initiatives in the housing field by some zealous commanders, neither did it oblige any commander to take any specific action, thus providing a convenient excuse for no action at all.[20-52] Commanders, for example, were ordered to provide integrated facilities off post for servicemen "to the extent possible," a significant qualification in areas where such facilities were not available in the community. Commanders were also "expected to make every effort" to obtain integrated facilities off base through the good offices of their command-community relations committees. In effect the department was asking its commanders to achieve through tact what the courts and the Justice Department were failing to achieve through legal process.

[Footnote 20-52: Interv, author with James C. Evans, 15 Nov 72, CMH files.]

Where the order was specific, it carefully limited the extent of reforms. It barred the use of military police in the enforcement of local segregation laws, a positive step but a limited reform since only in very rare instances had military police ever been so employed.

The order also provided "as circ.u.mstances warranted" for legal a.s.sistance to servicemen to insure that they were afforded due process of law in cases growing out of the enforcement of local (p. 514) segregation ordinances. Again what seemed a broad commitment and extensive interference with local matters was in practice very carefully circ.u.mscribed, as demonstrated by the Air Force policy statement issued in the wake of the secretary"s order.

The Air Force announced that in the case of discrimination in the community, the local Air Force commander and his staff judge advocate would interview the aggrieved serviceman to ascertain the facts and advise him of his legal recourses, "but will neither encourage nor discourage the filing of a criminal complaint." The purpose of the policy, the Air Force Chief of Staff explained, was to a.s.sist servicemen and at the same time avoid disrupting good community relations. The commander should remain interested, but he should leave the work to his judge advocate so that the commander would not personally be "caught in the middle" to the detriment of his community relations program. If local authorities refused to cooperate, the matter should be referred to higher authority who might pursue it with local government officials. Such procedures might keep the commander from becoming embroiled in locally sensitive issues.[20-53] In short, discrimination was to be fought through voluntary action at the local command level, but nothing was to be done that might compromise the commander"s standing with the local authorities.

[Footnote 20-53: Memo, Maj Gen Albert M. Kuhfeld, USAFJAG (for CofSAF), for ALMAJCOM (SJA), 2 Feb 62, sub: Air Force Policy Statement Concerning Violations of Anti-Discrimination Law, and attached Memo, Dep CofS, Pers, for ALMAJCOM, 30 Jan 62, same sub, SecAF files.]

McNamara"s office displayed the same good intentions and crippling inhibitions when it considered policy on the partic.i.p.ation of servicemen in civil rights demonstrations. The secretary had inherited a policy from his predecessor who, in the wake of a series of sit-in demonstrations involving black airmen in the spring of 1960, had approved a plan devised by the judge advocate generals of the services and other Defense Department officials. Declaring such activity "inappropriate" in light of the services" mission, these officials banned the partic.i.p.ation of servicemen in civil rights demonstrations and gave local commanders broad discretionary powers to prevent such partic.i.p.ation, including the right to declare the place of demonstration off limits or to restrict servicemen to the base.

Although all the services adopted the new policy, only the Air Force published detailed instructions.[20-54]

[Footnote 20-54: Memo for Rcd, ASD (P), 23 Mar 60; Memo, Dep Chief, NavPers, for a.s.st SecNav (Pers and Reserve Forces), 23 Mar 60, sub: Considerations Relative to Department of Defense Policy Concerning Disputes Over Local Laws or Customs; copies of both in ASD (M) 291.2. For the Air Force instructions, see Memo, AF Dep CofS (P) for All Major Cmdrs, 30 Mar 60, sub: Air Force Policy Statement Concerning Involvement of Air Force Personnel in Local Civil Disturbances, SecAF files.]

This prohibition did not deter all black servicemen, and some commanders, in their zeal to enforce departmental policy, went beyond the methods McNamara"s predecessor had recommended. Such was the case during a series of sit-ins at Killeen, Texas, near the Army"s Fort Hood, where, as reported in the national press and subsequently investigated by the United States Commission on Civil Rights, the commander used military police to break up two demonstrations.[20-55]

The secretary"s office reacted quickly to the incidents. A (p. 515) prohibition against the use of military police to quell civil rights demonstrations was quickly included in the secretary"s policy statement, The Availability of Facilities to Military Personnel, then being formulated. "This memorandum," a.s.sistant Secretary Runge a.s.sured McNamara, "should preclude any further such incidents."[20-56] In specific reference to the situation in the Fort Hood area, the Deputy Under Secretary of the Army reported that as a result of a new policy and the emphasis placed on personal contact by commanders with local community representatives, "a cordial relationship now exists between Fort Hood and the surrounding communities."[20-57]

[Footnote 20-55: Memo, ASD (M) for SecDef, 18 Jul 61, sub: Use of Military Police to Halt Sit-ins as Reported by Drew Pearson"s Column of July 19 in the Washington Post; Ltr, U.S. Commission on Civil Rights Staff Dir Designate to ASD (M), 26 Jul 61; both in ASD (M) 291.2. The President"s office received considerable mail on the subject; see White House Cen files, J. F. Kennedy Library.]

[Footnote 20-56: Memo, ASD (M) for SecDef, 18 Jul 61, sub: Use of Military Police..., ASD (M) 291.2.]

[Footnote 20-57: Memo, Dep Under SA for Counselor, OASD (M), 12 Jan 62, sub: Off-Base Racial Discrimination in the Fort Hood Area, ASD (M) 291.2.]