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 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 pronouncements 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.
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. Assistant Secretary Runge quickly reassured 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 response, cleared through Special Assistant Yarmolinsky, was hardly reassuring 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]
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]
Yarmolinsky ignored such speculations, and on 4 August 1961 informed special presidential assistant 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 passage of the foreign aid bill, but the Air Force eventually received notice to proceed along these lines.[20-49]
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 shoals of community race relations. A testament to the extraordinary political sensitivity of the subject was the long time the document 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 Assistant 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 passed down to the local commanders by the service secretaries.[20-51]
The policy that emerged from all this careful labor committed the services to very little change. In the first place the title, 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.
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 circumstances warranted" for legal assistance to servicemen to insure that they were afforded due process of law in cases growing out of the enforcement of local segregation ordinances. Again what seemed a broad commitment and extensive interference with local matters was in practice very carefully circumscribed, as demonstrated by the Air Force policy statement issued in the wake of the secretary's order.