[Footnote 23-53: Congressman Multer first introduced such a bill on 13 January 1949 and pressed, unsuccessfully, for similar measures in each succeeding Congress; see Williams Board Rpt, II: 47-48.]

Lack of equal opportunity in the National Guard might have been resented by civil rights groups, but black servicemen themselves suffered more generally and more deeply from discrimination (p. 596) visited on their children. Alfred Fitt summarized these feelings in 1964:

The imposition of unconst.i.tutionally segregated schooling on their children is particularly galling for the Negro servicemen.

As comparative transients--and as military men accustomed to avoiding controversy with civilian authorities--they cannot effectively sue for the const.i.tutional rights of their sons and daughters. Yet they see their children, fresh from the integrated environment which is the rule on military installations, condemned to schools which are frequently two, even three grades behind the integrated schools these same children had attended on-base or at their fathers" previous duty stations.[23-54]

[Footnote 23-54: Memo, DASD (CR) for Burke Marshall, 20 Mar 64, sub: The Civil Rights of Negro Servicemen, copy in CMH.]

There was much to be said for the Defense Department"s theory that an appeal for voluntary compliance would produce much integration in off-base schools attended by military dependents. That these children were the offspring of men serving in defense of their country was likely to have considerable impact in the south, especially, with its strong military traditions. That the children had in most cases already attended integrated schools, competing and learning with children of another race, was likely to make their integration more acceptable to educators.

Beyond these special reasons, the services could expect help from new legislation and new administration rulings. The Civil Rights Act of 1960, for example, had authorized the Department of Health, Education, and Welfare to provide integrated education for military dependents in areas where public schools were discontinued. In March 1962 Secretary of Health, Education, and Welfare Abraham Ribicoff announced that racially segregated schools were no longer "suitable" inst.i.tutions under the terms of Public Laws 815 and 879 and that beginning in September 1963 his department would "exercise sound discretion, take appropriate steps" to provide integrated education for military dependents. If the children were withdrawn from local school systems to achieve this, he warned, so too the federal aid.[23-55] Lending credence to Ribicoff"s warning, his department undertook a survey in the fall of 1962 of selected military installations to determine the educational status of military dependents.[23-56] On 17 September 1962 Attorney General Kennedy filed suit in Richmond to bar the use of federal funds in the segregated schools of Prince George County, Virginia, the location of Fort Lee.[23-57] Finally, in January 1963, the Department of Health, Education, and Welfare announced that unless state officials relented it would start a crash program of construction and operation of integrated schools for military dependents in Alabama, Georgia, Mississippi, and South Carolina.[23-58]

[Footnote 23-55: Ltr, Actg U.S. Comm of Ed to Superintendent of Public Instruction, Fla., et al., 6 Nov 62, with incls; see also Memo for Rcd, Evans, 20 Nov 62, sub: Schools for Dependents, copies of both in CMH.]

[Footnote 23-56: AFNS, Release No. 2851, 17 Aug 62.]

[Footnote 23-57: Four similar suits were filed in January 1963 regarding segregation in Huntsville and Mobile, Alabama; Gulfport and Biloxi, Mississippi; and Bossier Parish, Louisiana. Ltr, Atty Gen to President, 24 Jan 63 (released by White House on 26 Jan 63), copy in CMH. See New York _Times_, September 18, 1962.]

[Footnote 23-58: Washington _Post_, January 17, 1963.]

Some local commanders took immediate advantage of these emotional (p. 597) appeals and administration pressures. The commandant of the Marine Corps Schools, Quantico, for example, won an agreement from Stafford County, Virginia, authorities that the county would open its high school and two elementary schools to Marine Corps dependents without regard to race. The commandant also announced that schools in Albany, Georgia, had agreed to take military dependents on an integrated basis.[23-59] The Air Force announced that schools near Eglin, Whiting, and MacDill Air Force Bases in Florida as well as those near six bases in Texas, including Sheppard and Connally, would integrate.

The Under Secretary of the Navy reported similar successes in school districts in Florida, Tennessee, and Texas. And the commander of Fort Belvoir started discussions with the Fairfax County, Virginia, school board looking toward the speedy desegregation of schools near the fort.

[Footnote 23-59: Both the Marine Corps and the Navy operated installations in the vicinity of Albany, Georgia.]

Lest any commander hesitate, the Department of Defense issued a new policy in regard to the education of military dependents. On 15 July 1963 a.s.sistant Secretary Paul directed all local commanders in areas where public education was still segregated--large parts of some fifteen states--to counsel parents on the procedures available for the transfer of their children to integrated schools, on how to appeal a.s.signment to segregated schools, and on legal action as an alternative to accepting local school board decisions to bar their children.[23-60] In December 1963 Fitt drew up contingency plans for the education of dependent children in the event of local school closings.[23-61] In April of 1964 Fitt reminded the services that Defense Department policy called for the placement of military dependents in integrated schools and that commanders were expected to make "appropriate efforts" on behalf of the children to eliminate any deviation from that policy.[23-62] In effect, base commanders were being given a specific role in the fight to secure for black and white dependents equal access to public schools.

[Footnote 23-60: Memo, ASD (M) for SA et al., 15 Jul 63, sub: a.s.signment of Dependents of Military Personnel to Public Schools, ASD(M) 291.2.]

[Footnote 23-61: Memo, DASD (CR) for Under SecNav, 4 Dec 63, sub: Dependent Schooling in Closed School Districts; Memo, a.s.st SecNav for DASD (CR), 20 Dec 63, same sub; both in SecNav files, GenRecsNav. See also Memo, DASD (CR) for Burke Marshall et al., 9 Mar 64, sub: Possible September 1964 School Closings Affecting Military Dependents, copy in CMH.]

[Footnote 23-62: Memo, DASD (CR) for Under SA et al., 17 Apr 64, sub: a.s.signment of Dependents of Military Personnel to Public Schools; see also idem for ASD (M), 2 Apr 64, sub: Segregated Schools and Military Dependents. For an example of how this new responsibility was conveyed to local commanders, see BuPers Notice 5350.5, 26 Jul 63, "a.s.signment of Dependents of Military Personnel to Public Schools." Copies of all in CMH.]

The action taken by base commanders under this responsibility might alter patterns of segregated education in some areas, but in the long run any attempt to integrate schools through a program of voluntary compliance appeared futile. At the end of the 1964 school year more than 76,300 military dependents, including 6,177 black children, at forty-nine installations attended segregated schools. Another 14,390 children on these same bases attended integrated schools, usually (p. 598) grade school, on the military base itself.[23-63] Because of the restrictions against base closings and off-limits sanctions, there was little hope that base commanders could produce any substantial improvement in this record. Fitt admitted that the Department of Defense could not compel the integration of a school district. He recognized that it was impossible to establish an accredited twelve-grade system at the forty-nine installations, yet at the same time he considered it "incompatible with military requirements" to a.s.sign black servicemen with children to areas where only integrated schools were available. Even the threat to deny impacted-area aid was limited because in many communities the services" contracts with local school districts to educate dependent children was contingent on continuous federal aid. If the aid was stopped the schools would be closed, leaving service children with no schools to attend.[23-64]

[Footnote 23-63: Memo, DASD (CR) for Under SA et al., 25 May 64, sub: Off-Base Equal Opportunity Inventories, copy in CMH.]

[Footnote 23-64: For an example of how these contracts for the education of dependents were tied to federal aid, see the case concerning Columbus Air Force Base, Mississippi, as discussed in Ltr, DASD (CR) to J. Francis Pohlhous, NAACP, 5 Nov 63. For the views of the secretary"s race counselor on the Fitt a.s.sessment, see Ltr, Evans to Mrs. Frank C.

Eubanks, 10 Jun 64. Copies of both in CMH.]

The only practical recourse for parents of military dependents, Fitt believed, was to follow the slow process of judicial redress under t.i.tle IV of the civil rights bill then moving through Congress.

Antic.i.p.ating the new law, Fitt asked the services to provide him with pertinent data on all school districts where military dependents attended segregated schools. He planned to use this information in cooperation with the Departments of Justice and Health, Education, and Welfare for use in federal suits. He also requested reports on the efforts made by local commanders to integrate schools used by dependent children and the responses of local school officials to such efforts.[23-65] Later, after the new law had been signed by the President, Norman Paul outlined for the services the procedures to be used for lodging complaints under t.i.tles IV and VI of the Civil Rights Act and directed that local commanders inform all parents under their command of the remedies afforded them under the new legislation.[23-66]

[Footnote 23-65: Memo, DASD (CR) for Spec a.s.st to SecAF for Manpower, Personnel, and Reserve Forces, 23 Jun 64, SecAF files. Similar memos were sent to the Army and Navy the same day. For an example of how these reports were used, see Memo, Spec a.s.st to DASD (CR) for St. John Barrett, Civil Rights Div, Dept of Justice, 20 Aug 64, sub: Desegregation of Schools Serving Children of Shaw AFB, South Carolina, Personnel. Copies of all in CMH.]

[Footnote 23-66: Memo, ASD (M) for Under SA et al., 9 Aug 65, sub: a.s.signment of Dependents of Military Personnel to Public Schools, ASD (M) 291.2.]

With no prospect in sight for speedy integration of schools attended by military dependents, the Department of Defense summarily ended the attendance of uniformed personnel at all segregated educational inst.i.tutions. With the close of the 1964 spring semester, Paul announced, no Defense Department funds would be spent to pay tuition for such schooling.[23-67] The economic pressure implicit in this ruling, which for some time had been applied to the education of (p. 599) civilian employees of the department, allowed many base commanders to negotiate an end to segregation in off-base schools.[23-68]

[Footnote 23-67: Memo, ASD (M) for SA et al., 25 Mar 64, sub: Non-Discrimination in Civil Schooling of Military Personnel; Ltr, DASD (CR) to Congressman John Bell Williams of Mississippi, 18 Mar 64; Ltr, DASD (M) to Sen. Richard Russell of Georgia, 8 Jul 64; Memo, DASD (CR) for Roy Davenport et al., 20 Apr 64. Copies of all in CMH.]

[Footnote 23-68: Memo, Timpane for DASD (CP, IR, & CR), 11 Feb 65, sub: Service Reports on Equal Rights Activities. In a related action the department made military facilities available for the use of the College Entrance Examination Board when that body was confronted with segregated facilities in which to administer its tests; see Memos, Dep Chief, Pers Services Div, USAF, for AFLC et al., 8 Mar 63, sub: College Entrance Examinations, and Evans for DASD (M), 15 Jan 63, sub: College Entrance Examination Board Communication. Fitt opposed this policy on the grounds that it removed a wholesome pressure on the segregated private facilities; see Memo, DASD (CR) for ASD (M), 2 Mar 64, sub: College Entrance Examinations at Military Installations. Fitt was overruled, and the military facilities were provided for the college entrance examinations; see Ltr, Regional Dir, College Entrance Examination Bd, to Evans, 13 Apr 64. Copies of all in CMH.]

The effort of the Department of Defense to secure education for its military dependents in integrated schools was, on the whole, unsuccessful. Integration, when it finally came to most of these inst.i.tutions later in the 1960"s, came princ.i.p.ally through the efforts of the Department of Health, Education, and Welfare to enforce t.i.tle VI of the Civil Rights Act of 1964. Yet the role of local military commanders in the effort to secure integrated schools cannot be ignored, for with the development of a new policy toward off-base facilities in 1963 the commander became a permanent and significant partner in the administration"s fight to desegregate the nation"s schools. In contrast to earlier times when the Department of Defense depended on moral suasion to desegregate schools used by servicemen"s children, its commanders now educated parents on their legal rights, collected data to support cla.s.s action suits, and negotiated with school boards. If the primary impetus for this activity was the Civil Rights Act of 1964, the philosophy of the Gesell Committee and the Secretary of Defense"s directive were also implicit.

Discrimination in the sale and lease of housing continued to be the most widespread and persistent form of racial injustice encountered by black servicemen, and a most difficult one to fight. The chronic shortage of on-base accommodations, the transient nature of a military a.s.signment, and the general reluctance of men in uniform to protest publicly left the average serviceman at the mercy of local landlords and real estate interests. Nor did he have recourse in law. No significant federal legislation on the subject existed before 1969, and state laws (by 1967 over half the states had some form of prohibition against discrimination in public housing and twenty-one states had open housing laws) were rather limited, excluding owner-occupied dwellings, for example, from their provisions. Even President Kennedy"s 1962 housing order was restricted to future building and to housing dependent on federal financing.

Both the Civil Rights Commission and the Gesell Committee studied the problem in some detail and concluded that the President"s directive to all federal agencies to use their "good offices" to push for open housing in federally supported housing had not been followed in the Department of Defense. The Civil Rights Commission, in particular, painted a picture of a Defense Department alternating between naivete and indifference in connection with the special housing problems of black servicemen.[23-69] White House staffer Wofford later decided (p. 600) that the Secretary of Defense was dragging his feet on the subject of off-base housing, although Wofford admitted that each federal agency was a forceful advocate of action by other agencies.[23-70]

[Footnote 23-69: Memo, ASD (CR) for SecDef, 29 Oct 63, sub: Family Housing and the Negro Serviceman, Civil Rights Commission Staff Report; Memo, ASD (M) for SecDef, 2 Nov 63, sub: Family Housing for Negro Servicemen; both in ASD (M) 291.2.]

[Footnote 23-70: Interv, Bernhard with Wofford, 29 Nov 65, p. 60.]

[Ill.u.s.tration: SUBMARINE TENDER DUTY. _A senior chief boatswain mate and master diver at his station on the USS Hunley._]

The a.s.sistant Secretary for Manpower conceded in November 1963 that little had been done, but, citing the widely misunderstood off-base inventory, he pleaded the need to avoid retaliation by segregationist forces in Congress both on future authorizations for housing and on the current civil rights legislation. He recommended that the Department of Defense complete and disseminate to local commanders information packets containing relevant directives, statistics, and legal procedures available in the local housing field.[23-71]

[Footnote 23-71: Memo, ASD (M) for SecDef, 2 Nov 63, sub: Family Housing for Negro Servicemen, ASD (M) 291-2.]

McNamara approved this procedure, again investing local commanders with responsibility for combating a pervasive form of discrimination with a voluntary compliance program. Specifically, local commanders were directed to promote open housing near their bases, expanding their open housing lists and pressing the problem of local housing (p. 601) discrimination on their biracial community committees for solution.

They were helped by the secretary"s a.s.sistants. His civil rights and housing deputies became active partic.i.p.ants in the President"s housing committee, transmitting to local military commanders the information and techniques developed in the executive body. McNamara"s civil rights staff inaugurated cooperative programs with state and munic.i.p.al equal opportunity commissions and other local open housing bodies, making these community resources available to local commanders.

Finally, in February 1965, the Department of Defense entered into a formal arrangement with the Federal Housing Administration to provide commanders with lists of all housing in their area covered by the President"s housing order and to arrange for the lease of foreclosed Federal Housing Authority properties to military personnel.[23-72]

[Footnote 23-72: Ltr, DASD (CR) to Chmn, President"s Cmte on Equal Opportunity in Housing, 19 Sep 63, copy in CMH; see also Paul Memo.]

These activities had little effect on the military housing situation.

An occasional apartment complex or trailer court got integrated, but no substantial progress could be reported in the four years following Secretary McNamara"s 1963 equal opportunity directive. On the contrary, the record suggests that many commanders, discouraged perhaps by the overwhelming difficulties encountered in the fair housing field, might agree with Fitt: "I have no doubt that I did nothing about it [housing discrimination] in 1963-4 because I was working on forms of discrimination at once more blatant and easier to overcome. I did not fully understand the impact of housing discrimination, and I did not know what to do about it."[23-73]

[Footnote 23-73: Ltr, Fitt to author, 22 May 72.]

A special Defense Department housing survey of thirteen representative communities, including a study of service families in the Washington, D.C., area, doc.u.mented this failure. The survey described a housing situation as of early 1967 in which progress toward open off-base housing for servicemen was minimal. Despite the active off-base programs sponsored by local commanders, discrimination in housing remained widespread,[23-74] and based on four years" experience the Department of Defense had to conclude that appeals to the community for voluntary compliance would not produce integrated housing for military families on a large scale. Still, defense officials were reluctant to subst.i.tute more drastic measures. Deputy Secretary Vance, for one, argued in early 1967 that nationwide application of off-limits sanctions would raise significant legal issues, create chaotic conditions in the residential status of all military personnel, downgrade rather than enhance the responsibility of local commanders to achieve their equal opportunity goals, and, above all, fail to produce more integrated housing. Writing to the chairman of the Action Coordinating Committee to End Segregation in the Suburbs (ACCESS),[23-75] he a.s.serted that open housing for servicemen (p. 602) would be achieved only through the "full commitment at every level of command to the proposition of equal treatment."[23-76]

[Footnote 23-74: Ltr, Dep SecDef to J. Charles Jones, Chairman, ACCESS, 21 Feb 67, copy in CMH; see also the detailed account of the Department of Defense"s housing campaign in Bahr, "The Expanding Role of the Department of Defense," p. 105.]

[Footnote 23-75: ACCESS was one of the several local, biracial open-housing groups that sprang up to fight discrimination in housing during the mid-1960"s. The center of this particular group"s concern was in the Washington, D.C., suburbs.]

[Footnote 23-76: Ltr, Dep SecDef to Jones, 21 Feb 67, copy in CMH.]

But even as Vance wrote, the department"s housing policy was undergoing substantial revision. And, ironically, it was the very group to which Vance was writing that precipitated the change. It was the members of ACCESS who climaxed their campaign against segregated apartment complexes in the Washington suburbs with a sit-down demonstration in McNamara"s reception room in the Pentagon on 1 February, bringing the problem to the personal attention of a Secretary of Defense burdened with Vietnam.[23-77] Although strongly committed to the principle of equal opportunity and always ready to support the initiatives of his civil rights a.s.sistants,[23-78]

McNamara had largely ignored the housing problem. Later he castigated himself for allowing the problem to drift for four years.

I get charged with the TFX. It"s nothing compared to the Bay of Pigs or my failure for four years to integrate off-base military housing. I don"t want you to misunderstand me when I say this, but the TFX was only money. We"re talking about blood, the moral foundation of our future, the life of the nation when we talk about these things.[23-79]

[Footnote 23-77: Ltr, Fitt to author, 22 May 72; see also New York _Times_ and Washington _Post_, February 2, 1967.]

[Footnote 23-78: Robert E. Jordan, former DASD (CR) a.s.sistant, described the secretary"s eagerness to support civil rights initiatives: "He would hardly wait for an explanation, but start murmuring, "Where do I sign, where do I sign?"" Interv, author with Jordan, 7 Jun 72.]

[Footnote 23-79: Quoted by Brower, "McNamara Seen Now, Full Length," p. 78. The TFX mentioned by McNamara was an allusion to the heated and lengthy controversy that arose during his administration over fighter aircraft for the Navy and Air Force.]